scholarly journals The human rights field of modern Ukraine: interaction between state and non-state actors.

2021 ◽  
Vol 3 (3) ◽  
pp. 65-72
Author(s):  
Alla Demycheva
Keyword(s):  
Human Rights ◽  
Modern Human ◽  
The State ◽  
Organizational Level ◽  
Effective Control ◽  
The Public ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Protection Of Human Rights ◽  
The Individual

The situation with human rights violations in modern Ukraine remains quite acute, as evidenced by various sources at both the international and national levels, official and alternative. In such circumstances, human rights activities are of paramount importance. In the modern human rights field, formal (state) and informal (civil society) structures coexist, and rarely interact. A powerful tool in resolving systemic issues related to human rights is the institution of the ombudsman, represented by the Verkhovna Rada Commissioner for Human Rights and the President's specialized commissioners. The informal level is represented by non-governmental human rights NGOs, of which there are currently more than a hundred in Ukraine. They act as organized, structured, registered, etc. associations that work to promote and protect human rights and freedoms, to establish and maintain effective control over the observance of those freedoms and rights by the state, its bodies and officials. To achieve that, human rights organizations work simultaneously in such areas as the protection of human rights in specific cases (advocacy); dissemination of information on human rights, legal education work; analysis of the state of observance of human rights. As it was before, NGOs have different amounts of resources (background, experience, power, influence), depend on funding from foreign donors and compete with each other. One of the main resources for improving the effectiveness of the human rights field is the cooperation of the ombudsman with non-governmental organizations and the public. An example of cooperation is the model of Ukrainian National Preventive Mechanism (NPM), which has been operating in Ukraine since 2012 to prevent torture, although the format of this interaction has been criticized by experts in the context of the limited role of the public. The non-organizational level is represented by the individual practices of Ukrainians in the protection of human rights, the volume of which is increasing, but the efficiency remains low.

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.

scholarly journals Unilateral declarations and the European Court of Human Rights: Between efficiency and the interests of the applicant

2018 ◽  
Vol 25 (5) ◽  
pp. 607-630 ◽  
Author(s):  
Lize R Glas
Keyword(s):  
Human Rights ◽  
The State ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
European Court ◽  
Unilateral Declaration ◽  
Human Rights Violation

Faced with numerous repetitive applications, the European Court of Human Rights (ECtHR) has welcomed the unilateral declaration mechanism as a way to handle these efficiently. In a unilateral declaration, the state admits a human rights violation and promises to provide redress to the applicant. On that basis, the Court strikes out an application and does not deal with its merits. Some authors and non-governmental organizations warn against losing sight of the applicants’ interests whilst relying on unilateral declarations. Against this background, this article aims to establish whether unilateral declarations are indeed (mostly) used to dispose of repetitive applications and how this procedure works in practice. The second aim is to determine whether the interests of the applicants are sufficiently protected when the Court rules on unilateral declarations. The analysis is based on all 1285 unilateral declarations, which the states parties to the ECHR have proposed in the five years following 2 April 2012.

scholarly journals Konstytucyjne aspekty procesu karnego w działalności Rzecznika Praw Obywatelskich

2021 ◽  
Vol 28 (2) ◽  
pp. 205-211
Author(s):  
Stanisław Trociuk
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Point Of View ◽  
Final Decision ◽  
Criminal Cases ◽  
Public Prosecution ◽  
The Public ◽  
Protection Of Human Rights ◽  
The Individual

The changes in the broadly conceived criminal procedure which were introduced in recent years refer to the problems which are crucial from the perspective of the protection of human rights, such as the scope of the authority of the services due to operational control which is conducted secretly, the model of the functioning of the public prosecution service or the unlawful acquiring of evidence in a criminal procedure. The evaluation of these changes, conducted by the Ombudsman from the point of view of the constitutional standards of the protection of the rights of the individual is not positive. The new regulations reduce the quality of these standards and they do not contain sufficient guarantees of protection against the arbitrariness of the activities engaged in these terms by the organs of public authority. This phenomenon imposes a particular duty on the courts – which hear criminal cases – to see that the final decision in a criminal case respects the universal standards of the protection of human rights.

scholarly journals The Legal Framework for the Promotion and Protection of Human Rights in Cameroon by Non-Governmental Organisations

2021 ◽  
Vol 24 (1) ◽  
pp. 29-45
Author(s):  
Alvine Longla Boma
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Framework ◽  
The State ◽  
African Countries ◽  
Public Authorities ◽  
The Public ◽  
Civil Society Organisations ◽  
Protection Of Human Rights ◽  
The Right

Civil Society organisations play key roles in African countries. This is not an exception in the Cameroonian dispensation. Indeed, the existence and operation of civil societies in this jurisdiction is legitimated by a 1990 law allowing the free formation of associations. Even though the state has the primary obligation to promote and protect human rights, there also exists a plethora of associations with the same interest. This paper is motivated by the state’s wanton failure in ensuring the enjoyment and fulfilment of the right. For one thing, the state has maintained a stronghold on the Civil Society through legislation which gives public authorities a leverage over human rights defenders. Moreover, an analysis of existing legal and institutional frameworks available to allow human rights non-governmental organisations thrive, leaves much to be desired. Findings reveal that though there are adequate laws and institutions which ensure the creation and functioning of Civil Society organisations in Cameroon, there are also contradictory laws which give the public authority an edge over these organisations and allow them to sanction the activities of some human rights defenders under the guise of maintaining public order. We argue that there should be adequate protection offered to human rights defenders as well as the relaxation of laws permitting public authorities to illegally sanction the activities of relevant non-governmental organisations.

The international actor (the individual) in international relations

2019 ◽  
Vol 3 (10) ◽  
pp. 89
Author(s):  
Ziad Khalaf Abdullah Al - Jubouri
Keyword(s):  
International Relations ◽  
Multinational Corporations ◽  
Work Performance ◽  
Technological Development ◽  
The State ◽  
Ability To Work ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Individual ◽  
Scientific And Technological Development

The concept of international relations is very broad. In modern use it includes not only relations between States but also relations between States, intergovernmental and non-governmental organizations, multinational corporations and other enterprises. As a result of the scientific and technological development of mankind and the accompanying economic, social and cultural developments, Is the only actor in international relations there are other international people have emerged to exist one by one in harmony with and consistent with these developments in humanity is no longer the international theater exclusive to the State alone, Lyon are better with the ability to work, performance and influence in international relations, the last of whom is an actor visible international individual.

scholarly journals SOCIAL AND PROFESSIONAL READAPTATION PROGRAMS IN THE WORLD AS A GOOD EXAMPLE OF PRACTICES IN THE FIELD OF POST-PENITENTIARY AID IN POLAND

Probacja ◽  
2021 ◽  
Vol 2 ◽  
pp. 53-72
Author(s):  
Katarzyna M. Stanek ◽  
Natalia Grzegolec ◽  
Izabela Mikuli
Keyword(s):  
Probation Officers ◽  
Employment Services ◽  
Non Profit ◽  
The Public ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Welfare Institutions ◽  
The World ◽  
Local Space ◽  
The Individual

The issue of social and professional readaptation of convicts is the subject of research and discussion in the field of social and legal sciences and practice around the world. In Poland, the system of assisting prisoners includes not only the Prison Service and probation officers, but also the Public Employment Services, social welfare institutions, and non-governmental organizations. Helping former convicts and returning them to the paths of social functioning brings benefits that go beyond the individual dimension and pays off not only in the local space, but also in the long term – affecting subsequent generations and shaping their resources and patterns of functioning. The article draws attention to the essence of social and professional reintegration and re-adaptation of people leaving prisons, taking into account the basic goal of institutional and social interactions, which is change. At the same time, it emphasizes the importance of the functioning of institutions and non-profit organizations in the world that implement various programs of social and professional reintegration and re-adaptation of people at risk of social exclusion due to their criminal past. The good practices presented in the article may be an inspiration for planning and implementing programs on the basis of Polish post-penitentiary aid.

Part V Global and Regional Security Mechanisms, Ch.56 Non-Governmental Organizations: Their Relevance and Impact in the International Law of Global Security

2021 ◽  
Author(s):  
Binder Christina
Keyword(s):  
Human Rights ◽  
International Law ◽  
Regional Security ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Global Security ◽  
Complex Concept ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Individual

This chapter highlights the relevance and impact of non-governmental organizations (NGOs) in the international law of global security. Security is a complex concept in today’s ever-complicated world. The traditional State-centric approach to security has been complemented, albeit not replaced, by a more human-oriented aspect. Today, NGOs may participate in the security discourse as increasingly relevant stakeholders, ensuring that a focus on human rights and the common interests of humankind is maintained in security debates. The chapter considers the role of NGOs in global and regional security arrangements. It then looks at their contribution in the field of global security in terms of standard-setting, norm application, and interpretation, as well as with regard to compliance and enforcement, in areas where the individual is centre stage: international humanitarian law, international criminal law, and international human rights law. Finally, the chapter examines the applicable international legal framework regulating engagement by NGOs and assesses whether NGO practice has been influenced by the ever-changing global security landscape.

scholarly journals The sharia on non-muslims: should they follow?

2017 ◽  
Vol 15 (2) ◽  
pp. 334
Author(s):  
Hasna Azmi Fadhilah ◽  
Fitri Mahara
Keyword(s):  
Human Rights ◽  
Religious Conflict ◽  
Human Rights Abuses ◽  
Face To Face ◽  
Legislative Council ◽  
The Public ◽  
Legal Code ◽  
Governmental Organizations ◽  
Sharia Law ◽  
Non Governmental Organizations

Since 2001, the Aceh provincial administration and legislative council have approved the Qanun Jinayat (behavior-governing bylaw) that obliges public in Aceh to follow sharia, the Islamic legal code. While it has been widely accepted by Aceh Muslims, the sharia implementation on non-muslim has sparked a huge debate. To understand the public opinion on this issue, we conducted face-to-face interviews and surveyed more than two hundreds fifty people in Aceh Tengah about their views following the case of Buddhists who were caned for violating sharia law. From the research that we did, our findings reveal that Acehnese people have different opinion on this. A half our respondents, including the non-Muslims do not see sharia law as a burden for them to live in Aceh. While the others, such as human rights activists and non-governmental organizations reported that this law enactment has prompted human rights abuses. Looking at the divisive views, the national and Aceh government are suggested to take further action to avoid more confusion among Acehnese people and religious conflict in the future. Keywords: Sharia Law, Aceh, Non-MuslimsSejak tahun 2001, pemerintah provinsi dan dewan legislatif Aceh telah menyetujui pemberlakuan Qanun Jinayat (peraturan perundang-undangan) yang mewajibkan masyarakat di Aceh untuk mengikuti syariah, kode hukum Islam. Meskipun telah diterima secara luas oleh Muslim Aceh, implementasi syariah bagi non-Muslim telah memicu perdebatan besar. Untuk memahami opini publik mengenai masalah ini, kami melakukan wawancara tatap muka dan mensurvei lebih dari dua ratus lima puluh orang di Aceh Tengah mengenai pandangan mereka menyusul kasus seorang penganut Buddha yang dicambuk karena melanggar hukum syariah. Dari penelitian yang kami lakukan, temuan kami mengungkapkan bahwa orang Aceh memiliki pendapat yang berbeda-beda mengenai hal ini. Setengah responden kami, termasuk non-Muslim, tidak melihat hukum syariah sebagai beban bagi mereka untuk tinggal di Aceh. Sementara yang lainnya, seperti aktivis Hak Asasi Manusia dan Lembaga Swadaya Masyarakat melaporkan bahwa undang-undang ini telah menyebabkan pelanggaran Hak Asasi Manusia. Melihat pandangan yang terpecah seperti ini, pemerintah pusat dan Aceh disarankan untuk mengambil tindakan lebih lanjut untuk menghindari kebingungan masyarakat Aceh dan konflik agama di masa depan.Kata kunci: Hukum Syariah, Aceh, Non-Muslim 

scholarly journals SOME FACETS OF INTEGRATION IN THE MODERNIZATION OFTHE CIVIL PROCESS

2018 ◽  
pp. 13-24
Author(s):  
Z.K.Ayupova ◽  
Kussainov D.U ◽  
Winston Nagan
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Civil Process ◽  
Governmental Organizations ◽  
Procedural Law ◽  
Non Governmental Organizations ◽  
Protection Of Human Rights ◽  
Substantive Law

The rules of procedural law regulate the jurisdictional, i.e. law enforcement process, which is carried out in the form of law enforcement by specially authorized bodies (court, Prosecutor’s office, police, etc.) in cases of crimes and other offenses or in disagreements, i.e. when the subjects of legal relations cannot come to an agreement on their rights and obligations and apply to the court. Procedural law can be defined as a set (system) of legal norms, governing the procedure, the form of jurisdictional law enforcement activities of the competent state bodies on officials, aimed at the implementation of the norms of various branches of substantive law. Law enforcement in procedural law is carried out with the assistance of law enforcement agencies. The activities of the state and its bodies cover many areas of state and public life. One of the central places in this implementation of the tasks, law and order in law-abiding state with the protection of human rights and freedoms, protection of the rights and interests of the state and non-governmental organizations, labor collectives, combating crimes and other offenses. The development of law-abiding stateis one of the main aims of our society.

scholarly journals THE IMPORTANCE OF PUBLIC CONTROL IN BUILDING A DEMOCRATIC STATE BASED ON THE RULE OF LAW AND THE FORMATION OF CIVIL SOCIETY AND IN THE MANAGEMENT OF SOCIETY

2021 ◽  
Vol 01 (01) ◽  
pp. 4-8
Author(s):  
Jaloliddin Ne'matjonovich Polvanov ◽  
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
The State ◽  
The Rule Of Law ◽  
Public Control ◽  
The Public ◽  
Direct Participation ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Democratic State

This article discusses the formation of views on a democratic state governed by the rule of law and civil society. The article also discusses the state guarantees and support for the protection of non-governmental organizations. In legal democracies, strong governance is largely the responsibility of civil society institutions. At the same time, the direct participation of the public in the implementation of governance will be expanded. A self-governing society is based on strong non-governmental structures.

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