THE ROLE OF THE JUDICIARY IN THE CONSTITUTIONAL AND LEGAL MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS AND FREEDOMS

2018 ◽  
Author(s):  
Mariana Khmyz ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal Aspect ◽  
Legal Protection ◽  
The State ◽  
Time Dynamic ◽  
Protection Of Human Rights ◽  
The Law ◽  
Judicial Protection

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.

scholarly journals Institutional guarantees for the protection of human rights and freedoms: experience of foreign countries

2021 ◽  
pp. 142-145
Author(s):  
I. Shakhnovskaya
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
The State ◽  
Foreign Countries ◽  
Protection Mechanisms ◽  
Protection Of Human Rights ◽  
Judicial Protection ◽  
Indirect Protection

The article examines the main existing institutional guarantees that ensure the protection of human and civil rights and freedoms in foreign countries. Analyzed are judicial protection mechanisms, the activities of prejudicial bodies, as well as mechanisms of extrajudicial protection. The author emphasizes that the protection of human rights and freedoms is a constitutional obligation of the state. Special attention is paid to specialт mechanisms for the protection of human rights, such as the Commissioner for Human Rights, the activities of various bodies of constitutional control; indicates the importance of extrajudicial mechanisms for the protection of rights and freedoms. The author analyzes methods of direct protection of rights and freedoms, as well as the role of executive and legislative authorities as elements of indirect protection.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

scholarly journals ДІЯЛЬНІСТЬ ПРАВООХОРОННИХ ОРГАНІВ ЩОДО ЗАБЕЗПЕЧЕННЯ ПРАВ І СВОБОД ЛЮДИНИ

2020 ◽  
pp. 34-42
Author(s):  
А. В. Танько
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Life Experience ◽  
Legal Protection ◽  
Social Background ◽  
The State ◽  
Law Enforcement Agencies ◽  
Protection Of Human Rights ◽  
National Police

The results of the study, aimed at revealing the legal framework for ensuring human rights and freedoms as a basis for the activity of law enforcement agencies of Ukraine, and highlighting the role of the National Police in ensuring human rights and freedoms, are presented. The scientific novelty of the study is that, based on the study of international and national regulatory legislation, the essence of the leading definitions related to the protection of human rights and freedoms is specified: «rights, freedoms», «human and citizen's rights», «protected features», «intersectionality», «law enforcement agencies», differentiated the concept of «rights» and «freedom», revealed the specifics of human and citizen rights, systematically analyzed the legal basis of social and legal protection, defined the role of law enforcement agencies, of the National Police of Ukraine in the Protection of Human Rights and Freedoms, outlined ways to increase the effectiveness of law enforcement agencies in ensuring social stability in society. It is established that an in-depth understanding of the essence of human and citizen's rights and freedoms ensures adherence to the democratic course of development of the state, selection of such forms and directions of activity of its human rights bodies and institutions, which ensure the implementation of the principle of guaranteeing the security of a person, which was enshrined in many international documents, received its further development of national legislation. Based on the study of specific regulations, the concept of «protected features» – the characteristics of a person under which there can be no privileges or restrictions in the society (race, color, political, religious and other beliefs, gender, ethnic and social background, property status, place) residence, linguistic or other features), and intersectionality – the totality or inter­section of these features in the context of considering the circumstances of a particular person's life. On this basis, the essence of human rights and freedoms as a general orientation of the state and all its institutions on the equality and fair distribution of public goods and resources is substantiated. It is emphasized that among the state bodies, which are obliged to take measures to ensure the constitutional rights and freedoms of citizens, the National Police plays an important role, which, in comparison with other law enforcement agencies, addresses the most issues related to the protection of human rights and freedoms. It is determined that this human rights structure, unlike others, was created for direct contact with citizens, and therefore the quality of human rights services provided by the state can be directly assessed by each person from his or her own life experience. Accordingly, the public's perception of all other law enforcement activities depends on the quality and efficiency of the work of the National Police.

scholarly journals PERTANGGUNGJAWABAN ADVOKAT SEBAGAI GATEKEEPER DALAM KAITANNYA DENGAN TINDAK PIDANA PENCUCIAN UANG

Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 350
Author(s):  
Rendy Ardy Septia Yuristara
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Money Laundering ◽  
Legal Profession ◽  
The State ◽  
Professional Responsibilities ◽  
Basic Purpose ◽  
The Law

Advocates are the most vulnerable professions to be Gatekeepers in money laundering. Indeed, the advocate profession is part of the law enforcement apparatus that can contribute better in preventing money laundering activities to develop. Affirmation about the role of advocate that can suppress the occurrence of money laundering crime, that is with the issuance of PP. 43 of 2015, which places advocates as one of the reporting parties in the agenda of eradicating money laundering crime. However, the substance of the rule draws criticism from some misguided advocates in interpreting the intent and purpose of the arrangement. Moreover there are some advocates who consider that the rule is against the rules that regulate immunity rights in the profession advocate. The misinterpretation of some advocates related to the immunity rights inherent in the profession, causing the work of the advocate profession to be considered irrelevant, and not worthy of being called the nobleprofession (OfficiumNobile), But as a bad profession in integrity and promoting commercialization. In fact, the basic purpose of the arrangement of PP. 43 of 2015, which places the advocate profession as one of the reporting parties on the eradication agenda of money laundering, is a form of respect for the profession of advocate who is a noble profession, by prioritizing his professional responsibilities to the state, society and God, as well as his obligations as part of The legal profession to uphold the law and uphold the value of human rights while on duty.

scholarly journals PERLINDUNGAN HUKUM ATAS HAK POLITIK PEREMPUAN OLEH NEGARA

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Yosefina Daku
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
The Political ◽  
Political Rights ◽  
Political Field ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Law

As the law states, Indonesia  provide the protection of the rights for of all people without the discrimination. By the basis of the mandate of the Preamble to the Constitution of 1945 that "a just and civilized humanity," the Indonesian state guarantees of a society that is fair. Political rights granted by the country with regard to discrimination is legal protection by the state against women's political rights. By participating in the convention and recognized in the form of Law Number 7 Year of 1984 on Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, an attempt by the state to remove the problems in realizing the equality of women and men. Therefore  the  problem  that  can  formulated are: 1) how the legal protection of women's political rights in Indonesia? 2) how the implementation of Law Number 7 Year of 1984 on Ratification of the Convention on the Eliminationof All Forms of Discrimination Against Women Related Political Rights of Women?. The purpose of this study was to examine the legal protection by the state against the ful fillment of women's political rights in Indonesia and the implementation of protection of women's political rights pursuant of Law Number7 Year of 1984. This research is a normative law. The technique used in this research is to use the concept approach and statutory approach to reviewing the legislations and legal literatures. Rights protection as a form of justice for each person more specifically regulated in Law about Human Rights. Protection of the rights granted to women by the state including the protection of the political field regulated in some provisions of other legislation. By removing discrimination against women in it’s implementation still look at the culture and customs which is certainly not easy to do and the state is obliged to realize the objectives of the convention

A Right to Assist? Assisted Dying and the Interim Policy

2010 ◽  
Vol 74 (1) ◽  
pp. 31-52
Author(s):  
Ben Livings
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Assisted Suicide ◽  
The State ◽  
European Convention ◽  
Life And Death ◽  
The Law ◽  
New Guidelines ◽  
Potential Challenge

There are few more controversial, or emotive, debates within the criminal law than that which surrounds the topic of euthanasia, questioning as it does the fundamental role of the law in regulating the most intimate aspects of a person's life and death. The acknowledgement by the courts (notably in the cases of Diane Pretty and Debbie Purdy) that this area engages a person's rights under the European Convention on Human Rights exacerbates the urgency of the problem, and further nuances the debate as to the extent to which the autonomy of the person is impinged upon, and whether this is a function legitimately exercised by the state. In the wake of the announcement of new guidelines for prosecution in cases of assisted suicide, this article examines the state of the law regarding assisted suicide in England and Wales, and the fragile position of euthanasia within the criminal law. It will look to the various, and often rights-based, challenges to the law, and in particular a potential challenge through Article 7 of the European Convention on Human Rights.

scholarly journals The role of legal communication in ensuring human rights

2020 ◽  
Vol 11 (11) ◽  
pp. 146-150
Author(s):  
Makeieva O.
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The State ◽  
Information Space ◽  
Space Forms ◽  
Legal Communication ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
Modern Information

The article examines the role of legal communication in ensuring human rights. It is noted that the study of legal communication in the modern information space forms a modern postclassical legal understanding, which is focused on ensuring the rights, freedoms and legitimate interests of citizens. Legal communication acts as a means of ensuring dialogue between the state and citizens, as a regulatory and socio-constructive factor of social development. According to recent research, the doctrine of human rights is developing on the basis of an interdisciplinary approach to such sciences as philosophy, theory and history of state and law, political science, linguistics, information theory and more. The introduction of information and communication technologies in all spheres of society presupposes the study of the communicative properties of law, in particular legal communication. Given the increased attention to the problems of the effectiveness of law, the definition of its functional purpose, there is a need to study the role of legal communication in ensuring human rights. Human rights are a common value of civil society and the state, they determine their relationship, and ensuring the implementation and protection of human rights is their common task. A manifestation of such interaction is the legal communication between the state and civil society. The study of legal communication in the modern information space forms a modern postclassical legal understanding, which is focused on ensuring the rights, freedoms and legitimate interests of citizens. The renewal of legal relations, first of all between the state and society, requires scientific substantiation and introduction of new forms of communication. Legal communication in this case acts as a means of ensuring dialogue between the state and citizens, as a regulatory and socio-constructive factor of social development. At the stage of transition to the information and legal society, the relationship between legal communication and legal regulation changes. Legal communication acquires an independent meaning in relation to legal regulation, which itself becomes a system, a derivative element of legal communication. Іt is proved that legal communication contributes to the formation of legal values in the modern information space, a positive perception of law, the formation of the legal consciousness of the subjects of communication, the improvement of the legal mechanism for the protection of human rights. Legal communication acquires an independent meaning in relation to legal regulation, which itself becomes a system, a derivative element of legal communication. The effectiveness of legal communication in ensuring human rights is ensured by observance of the principles of the rule of law, legality, publicity, democracy, and universality. Keywords: human rights, legal communication, information society, information security.

Femicidio and Feminicidio Laws in Latin America

2020 ◽  
Author(s):  
Pamela Neumann
Keyword(s):  
Human Rights ◽  
Latin America ◽  
The State ◽  
Gender Violence ◽  
Legal Activism ◽  
Role Of The State ◽  
Mexican State ◽  
The Law ◽  
Precise Content

Femicidio refers to the murder of a woman because of her gender. Feminicidio emphasizes the role of the state in enabling these crimes and the impunity with which they are treated. Feminist legal activism and the development of supranational and regional human rights instruments throughout the 1990s and 2000s were essential to the development of femicidio/feminicidio laws across Latin America. As of 2018, such laws were in effect in 18 countries across the region. However, the precise content and scope of laws criminalizing femicidio/feminicidio vary. For example, in the case of Mexico, transnational feminist legal activism, including a case brought before the Inter-American Human Rights Court, was essential to shaming the Mexican state into codifying feminicidio. This process was facilitated by the presence of feminist legislators within the Mexican legislature, who advocated for such legislation. In the case of Nicaragua and Peru, local feminist advocacy and copious documentation of the scope of the problem of femicidio/feminicidio proved more significant in the ultimate codification of femicidio/feminicidio. However, the legal advances against gender violence achieved in Nicaragua in 2012 were subsequently undone due to pressure from men’s rights and religious conservatives, leading to the weak implementation of the law criminalizing femicidio.

LEGAL PROTECTION RELATED TO THE DENSITY RIGHTS IN TERMS OF REWARDED IN CORRECTIONAL INSTITUTION

2018 ◽  
Vol 5 (2) ◽  
pp. 175
Author(s):  
Lily Faradina ◽  
Kadek Wiwik Indrayanti
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Correctional Institution ◽  
Human Beings ◽  
The People ◽  
The Law ◽  
The Right ◽  
Work Done

The rights of prisoners have been explicitly regulated in Act No.12 of 1995 on Corrections. The law therein outlines 13 (thirteen) rights reserved for a prisoner while in a Penitentiary. The right to get a wage or premium for the work done is a right that is often neglected in practice in the correctional institution located in our country. This happens because of the stigma of the people who still tend to assume that a prisoner is a party that deserves to be treated arbitrarily because of the crime he has committed. It is this kind of thinking that ultimately also affects officials or prison officers who end up treating incendiary people like humans who are unfit to accept the rights that have been provided by the state. Many inmates are employed in penitentiaries who are not paid for by their employers. If this continues to be done then the purpose of punishment will actually violate human rights inherent in the Prisoners as human beings. However, prisoners must also be protected by their rights as human beings.

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