scholarly journals Role of Armed Police Force, Nepal to Protect and Promotion of Human Rights

2021 ◽  
Vol 4 (1) ◽  
pp. 120-130
Author(s):  
Surya Prasad Timilsena
Keyword(s):  
Human Rights ◽  
Criminal Activity ◽  
Armed Forces ◽  
Fundamental Rights ◽  
Police Force ◽  
Police Services ◽  
Moral Principles ◽  
The Individual ◽  
Human Rights Violation

 The present article reveals the role and policy of Armed Police Force Nepal in safeguarding human rights. One of the primary missions of the APF Nepal is to protect the citizens from criminal activity and criminal elements and to maintain public order. This duty includes protecting the rights of every citizen. Armed forces have the duty to protect the individual human rights of every person they encounter. This is an affirmative duty, meaning the police services cannot knowingly ignore or intentionally fail to act when a human rights violation is observed. The Armed Police Force has mandated tasks related to protection, promotion, respect and fulfillment of human rights from various aspects. The research has reached in conclusion: Human rights are moral principles or norms that describe certain standards of human behavior and are regularly protected as a legal right in municipal and international law. They are commonly understood as inalienable, universal and indivisible fundamental rights to which a person is inherently entitled simply because she or he is a human being. To achieve this objective APF Nepal has adopted zero tolerance in Human Rights violations and following national and international human rights instrument that have been adopted by Nepal.

Strengthening the Protection of Stateless Persons from Arbitrary Detention in Immigration Control Proceedings

2015 ◽  
Vol 17 (2-3) ◽  
pp. 273-286
Author(s):  
Matthew Seet
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Immigration Control ◽  
Article 5 ◽  
Stateless Person

There is a growing movement (globally and in Europe) addressing statelessness, and the July 2014 decision of Kim v Russia illustrates the role of the Strasbourg Court as a guardian of one of the most important fundamental rights of the ‘legally invisible’ in Europe. The court held that Russia’s two-year detention of a stateless person with a view to expulsion violated his right to liberty and security under Article 5(1) of the European Convention of Human Rights. This comment argues that Kim v Russia represents an important step forward by the Strasbourg Court in safeguarding the stateless person’s right to liberty and security of person under echr doctrine, by highlighting and addressing the special vulnerability of stateless persons to prolonged, indefinite and cyclical detention in immigration control proceedings, although the court should have gone further and indicated general measures explicitly recommending for Russia to introduce statelessness determination procedures.

scholarly journals Africa: Risk, Security and Mapping of Human Rights Violations

2018 ◽  
Vol 1 (1) ◽  
pp. 104-127
Author(s):  
Nicoletta Varani ◽  
Enrico Bernardini
Keyword(s):  
Human Rights ◽  
Political Violence ◽  
Social Indicators ◽  
Human Security ◽  
Migration Policy ◽  
Fundamental Rights ◽  
Sub Saharan Africa ◽  
Human Rights Violations ◽  
Human Needs ◽  
The Individual

Abstract Planetary interdependence makes the task of states and international organizations to guarantee security inside and outside national borders ever more urgent. The tendency is to widen the space from national to international and to conceive of security as multidimensional for the satisfaction of human needs, assumed as priority needs with respect to those of the States. The old concept of national security must today confront the new concept of human security cultivated within the United Nations, which places the fundamental rights of the individual and of people at the centre of attention and lays the foundations for overcoming the traditional politics of power. The concept of human security emphasises the security of the individual and his protection from political violence, war and arbitrariness. It takes account of the strong correlation between peace policy, human rights policy, migration policy and humanitarian policy. The contribution provides, through a series of social indicators such as the Global Peace Index (GPI), Corruption Perceptions Index (CPI) and the World International Security and Policy Index (WISPI), a framework on risk, security, human rights violations in the African continent and examines some significant case studies related to sub-Saharan Africa.

scholarly journals The European Union and Violence Against Women: Fundamental Rights and Con Games

2020 ◽  
Vol 5 (3) ◽  
Author(s):  
R Amy Elman ◽  
Keyword(s):  
Human Rights ◽  
Violence Against Women ◽  
Fundamental Rights ◽  
The European Union ◽  
Genital Mutilation ◽  
Institutional Actors ◽  
Human Rights Violation ◽  
Istanbul Convention ◽  
Female Genital ◽  
The Eu

Deciphering the European Union’s (EU) commitment to countering violence against women is challenging. To date, much of its response has been rhetorical. This article opens with a brief consideration of the EU’s first few initiatives to counter violence against women before turning to the polity’s enthusiastic endorsement of the Council of Europe’s 2011 Istanbul Convention, which defines such violence as a human rights violation. Not least, it offers a critical analysis of the EU’s Fundamental Rights Agency’s 2014 survey on violence against women, the world’s largest international survey of its kind. That inquiry involved 42,000 in-person interviews with a representative sample of approximately 1,500 women (aged 18-74) across all of the EU’s then 28 Member States. After examining the Agency’s survey and its subsequent report in the context of those efforts that preceded it, the article suggests the EU’s rhetoric and related programs for women may conceal the more controversial manifestations of the violence directed at them. For example, the Agency’s survey excluded female genital mutilation from the rubric of violence against women. One finds a similar reluctance on the part of the Agency and other institutional actors across the EU to address the eroticized commodification of violence in prostitution and pornography that pervade the polity’s common market. Despite the EU’s occasional pronouncements to the contrary, it appears violence against women is a human rights violation that the polity deliberately circumscribes and perfunctorily condemns.

scholarly journals Uloga institucije ombudsmena i sudova u sudskim postupcima povodom slučajeva diskriminacije u Bosni i Hercegovini

2019 ◽  
Vol 56 (3) ◽  
pp. 667-683
Author(s):  
Mirza Čaušević
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Bosnia And Herzegovina ◽  
General Information ◽  
Direct Discrimination ◽  
The Supreme Court ◽  
The Law ◽  
Court Proceedings ◽  
The Individual

When reading the article’s title, it is important to emphasize the role and importance of the Institution of the Ombudsman for Human Rights of Bosnia and Herzegovina, the most important national institution for the protection of human rights and fundamental freedoms. Consequently, according to the logic of thinking, it can be clearly concluded that the most important segment of action, above mentioned national institution, is to prevent or eliminate all forms of indirect and direct discrimination. Accordingly, the author decided, in addition to introductory and concluding considerations, to divide the article into four (4) parts. The first part of the article entitled “Theoretical Determination of Discrimination” provides general information on the concept, different forms and types of discrimination in accordance with the Law on Prohibition of Discrimination in Bosnia and Herzegovina. Unlike the first, in the second part of the article “The Role of the Ombudsman in the Probation of Discrimination Proceedings”, the Ombudsman aims to present the legal position of the ombudsman in court proceedings, with the mandatory indication of the conditions for initiating the proceedings on his own behalf, representing the individual and intervening in the ongoing proceedings. Through practical examples, the author seeks to emphasize the importance, role and importance of the ombudsman in court proceedings. Subsequently, in the third part of the “Role of Courts in the Probation of Discrimination Proceedings”, the author concentrates that, by using the Law on Prohibition of Discrimination, he presents court judgments that discriminate the education system of the Central Bosnia and Herzegovina Canton (non) discriminatory on the basis of the existing segregation in so called. “Two schools under one roof”. Thus, this section primarily analyzes the rejection of the aforementioned claims. Finally, in the fourth (working) section entitled “The Probation of Discrimination Proceeding before the Supreme Court of the Federation of Bosnia and Herzegovina”, the author presents positive and negative examples in the work of the Supreme Court of FBiH, and above all clarifies the process of proving discrimination before this court instance. The aim of this paper is to investigate the legal background of the Institution of the Ombudsman for Human Rights in Bosnia and Herzegovina, as well as judicial instances from the aspect of domestic (national) law, while, on the other hand, special attention is devoted to the actions of the FBiH Supreme Court in cases of discrimination.

Human Rights in the EU: Rethinking the Role of the European Convention on Human Rights after Lisbon

2011 ◽  
Vol 7 (1) ◽  
pp. 64-95 ◽  
Author(s):  
Wolfgang Weiß
Keyword(s):  
Human Rights ◽  
Direct Effect ◽  
Legal Order ◽  
Fundamental Rights ◽  
European Convention ◽  
Eu Law ◽  
Eu Member States ◽  
Loss Of Autonomy ◽  
The Eu

Treaty of Lisbon – Fundamental Rights Charter – European Convention on Human Rights – Partial incorporation of Convention in Charter – Incorporation of Charter into EU law with Lisbon – Questions of loss of autonomy for the EU legal order – Gain in direct effect of Convention in EU member states

Judges and Human Rights: The Kenyan Experience

1991 ◽  
Vol 35 (1-2) ◽  
pp. 142-173 ◽  
Author(s):  
Gibson Kamau Kuria ◽  
Algeisa M. Vazquez
Keyword(s):  
Attorney General ◽  
Fundamental Rights ◽  
The Other ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
High Court ◽  
Rules Of Procedure ◽  
Fundamental Rights And Freedoms ◽  
The Individual

On 4 July, 1989 in Maina Mbacha v. Attorney General the High Court of Kenya appeared to remove itself from its role of enforcing the Bill of Rights of Kenya. The court ruled “inoperative” section 84 of the Constitution of Kenya which grants original jurisdiction to the High Court to enforce Fundamental Rights and Freedoms of the Individual, section 70–83 (inclusive) (Chapter V). The provision was deemed “inoperative” in Kamau Kuria v. Attorney General, and this was upheld shortly thereafter in Maina Mbacha when the High Court found that no rules of procedure had been enacted to enforce the Bill of Rights and dismissed for lack of jurisdiction. Indeed, in the latter case the court dismissed the application for lack of jurisdiction even though the case was before the court by virtue of the constitutional grant of “original unlimited jurisdiction”. As a matter of established law, the court can be approached by any available procedure when ruling to enforce established constitutional rights. Ordinary rights can be defeated for failure to follow procedure, but historically, procedural requirements often defer to constitutionally granted rights. Once the Bill of Rights was enacted in the Constitution, its enforcement became supreme to all other law, including procedural rules, for the supremacy clause of the Kenya Constitution states: “… if any other law became inconsistent with this Constitution, this Constitution shall prevail and the other law shall to the extent of the inconsistency be void”

CURRENT DEVELOPMENTS: IV. CITIZENSHIP AND HUMAN RIGHTS

2004 ◽  
Vol 53 (2) ◽  
pp. 493-501 ◽  
Author(s):  
Erika Szyszczak
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Court Of Justice ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
International Obligations ◽  
Court Of First Instance

Citizenship and human rights continue to play an important role in the evolution of Community law. Both sets of principles have appeared in the case law of the European Courts and in the creation of a Constitutional document for Europe. Part II of the draft Constitution incorporates the Charter of Fundamental Rights of the Union. Additionally, the first report from the independent network of experts in fundamental human rights details the various international human rights obligations which the Member States are subject to, analysing Member State policy in a number of areas in the light of the international obligations.1Paradoxically, at a time when greater emphasis is being paid to the constitutional recognition of human rights there are indications of divisions between some of the Advocates General, the Court of First Instance and the European Court of Justice (the Court) on the constitutional role of fundamental rights in relation to access to justice.

scholarly journals Ukrainian Theme in the Documents of Czech Civic Initiatives During the Second Half of the 1980s.

2020 ◽  
pp. 82-93
Author(s):  
Ruslan Postolovskyj ◽  
◽  
Andrij Slesarenko
Keyword(s):  
Human Rights ◽  
Global Scale ◽  
Political Life ◽  
Political Rights ◽  
Public Attention ◽  
East European ◽  
Leading Role ◽  
Charter 77 ◽  
Human Rights Violation

The authors analyzed the presence and content of Ukrainian theme in the documents of Czech civic initiatives during the second half of the 1980s. The development of citizens initiatives has become a catalyst of socio-political life in Czechoslovakia. The number of participants in civic initiatives increased, and their programs were politicized. In program statements the principle of the so-called leading role of the Communist Party of Czechoslovakia was rejected as inconsistent with the principle of equality of citizens and the code of civil and political rights. The source base of this research comprised documents and materials of human rights activists, first presented in the self-published (samizdat) bulletins of independent Czech civic initiatives: “Information on Charter 77” (“Informace o Chartĕ 77”), “The Case of the East European News Agency” (“Zprava vychodoevropske informačni agentury”) and “Bulletin of Independent Peace Commonwealth – Initiative for demilitarization of society” (“Bulletin nezavisleho miroveho sdruženi – Iniciativy za demilitarizaci společnosti”). It has been shown that the Ukrainian theme is presented in two documents of the human rights association of Charter 77: the document “Before the Chernobyl Accident” (May 6, 1986) and the telegram of Czechoslovak human rights activists to Lviv, addressed to the group “Dovira” (“Trust”) (April 22, 1989). Czech “Independent Peace Commonwealth – Initiative for demilitarization of society” and Ukrainian, Lviv, “Dovira” Group, exchanged a letter and a telegram of solidarity. The informational reasons for creating the documents were the Chernobyl disaster – man-made accident on a global scale and the brutal dispersal of a peaceful demonstration in Lviv. Documents of Czech human rights activists and pacifist activists focus public attention on late Soviet realities: concealment of information from society about radioactive contamination and another human rights violation in Soviet Ukraine

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