scholarly journals Themes of law and rights in Abay Kunanbaev’s work

2021 ◽  
Vol 134 (1) ◽  
pp. 52-58
Author(s):  
A. Shurentayev ◽  
◽  
K. Kushkinbayeva ◽  
Keyword(s):  
Human Rights ◽  
Political Life ◽  
Clear Definition ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Perspective ◽  
Scientific Analysis ◽  
Key Issues ◽  
The Concept Of Law ◽  
Definition Of

The article is a scientific analysis of the works of the great thinker A.Kunanbayev in the context of aspects of law and legality. It is stated that his work includes poems, epics, songs and translations that reflect the most pressing issues of public and political life of the Kazakh people. The article is dedicated to the fact that A.Kunanbayev focuses primarily on the problem of human rights protection in his works. The author of the article compares the Kazakh law «Erezhe», created by Tole Bi (judge) and which became a significant event in the life of the Kazakh people, and Abai’s «words of edification», finding significant points of contact, arguing that the strict principles of «Erezhe» are presented in the «words of edification» as key issues. The article defines that a clear definition of the concept of «law» is contained in the words of Abay: «The law is a set of rules and regulations that lead to justice, peace and tranquility». The article also substantiates the need for further active study of the Kazakh thinker’s works from a legal perspective in connection with the discovery of new Abai’s texts.

1 The Court Over Sixty Years

2020 ◽  
Author(s):  
Nussberger Angelika
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Peace Treaty ◽  
Member States ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Definition Of ◽  
The Individual ◽  
Violent Conflicts

This introductory chapter provides a background of the European Convention on Human Rights (ECHR), a multilateral treaty based on humanism and rule of law. Similar to the—albeit non-binding—Universal Declaration of Human Rights (UDHR), the ECHR is a document that marks a change in philosophy and gives a new definition of the responsibility of the State towards the individual. It fixes basic values in times of change and paves the way towards reconciliation in Europe. Unlike in a peace treaty, not all wartime enemies participate in its elaboration, but, one by one, all the European States accede to it, signalling their consent to the values fixed by a small community of States in the early 1950s. Seven decades later, forty-seven European States have ratified the Convention. Admittedly, the new start based on common values could not prevent the outbreak of violent conflicts between Member States. At the same time, the resurgence of anti-democratic tendencies could not be successfully banned in all Member States, but such tendencies could be stigmatized as grave human rights violations in binding judgments of the European Court of Human Rights (ECtHR). Thus, it is not surprising that the European model of human rights protection has been attractive and inspirational for other parts of the world. Nevertheless, there was and is a debate in some Member States to withdraw from the Convention as the Court’s jurisprudence is seen to be too intrusive on national sovereignty.

The European Convention on Human Rights and International Public Order

2003 ◽  
Vol 5 ◽  
pp. 237-270
Author(s):  
Alexander Orakhelashvili
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Public Order ◽  
Human Rights Protection ◽  
The Public ◽  
Rights Protection ◽  
European Public ◽  
Essential Components ◽  
The Law ◽  
Definition Of

It is commonly assumed that the European Convention on Human Rights, being a treaty of specific nature, embodies elements of European public order. However, there seems to be no authoritative or generally accepted definition of the public order of Europe, of its essential components, and of its relationship with the notion of international public order. This article will examine these questions. In pursuing this goal, the law-enforcement resources accumulated within the European system of human rights protection will be examined in the context of interaction between the public order of Europe as part of the law of the European Convention, and international public order as part of general international law.

scholarly journals The Rights of Intersex Persons to Establish a Family under Albanian Law. Practice of the ECHR

2015 ◽  
Vol 5 (2) ◽  
pp. 137
Author(s):  
Dr.Sc. Jorida Xhafaj
Keyword(s):  
Human Rights ◽  
Family Relationships ◽  
Family Life ◽  
National Legislation ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Provisions ◽  
European Court ◽  
Definition Of ◽  
The Right

identity is the way in which a person is self-identified with a gender category, as for example to be female or male, or in some cases intersex, which is none of the distinguishable biological sexes. In principal, intersex persons are part of the society with their rights and obligations, which are not the same with those of the other members of society, in special areas of life.This paper aims to treat the right of intersex persons to marriage and to establish a family. The paper begins with an overview of definition of intersex persons, their rights, and focuses primarily on the right to establish a family.The right for a family life has found protection in the Albanian national legislation. The Constitution of theRepublicofAlbaniaof 1998 in its Article 53 stipulates that "everyone has the right to marry and have a family" establishing the principle of equality before the law, closely linked to the principle of non-discrimination. The legal provisions set a controversial position on the right to get married and to establish family relationships of the intersex persons, which is based on different arguments.For the purposes of the research, we aim also to compare the national legislation with the European principles and practice of the European Court of Human Rights (hereinafter referred as ECHR). The paper also includes the opinions and recommendations of Albanian institutions, as well as those of foreign ones, mainly European, in the area of human rights protection, and especially regarding the rights of the intersex persons.

scholarly journals Human Rights For Women Or The Human Rights Of Women?: Pakistan, CEDAW And The Gatekeepers

2015 ◽  
Vol 10 (1) ◽  
pp. 19-37
Author(s):  
Anoosh Khan
Keyword(s):  
Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Key Issues ◽  
The Government

This paper demonstrates why it is important to have a separate international covenant for the human rights protection of women or CEDAW. The paper begins by discussing the birth of human rights and its evolution to human rights of women in particular. Using Pakistan as an example, the paper discusses Pakistan’s CEDAW country reports to date. The key issues presented by the Government of Pakistan in it’s state CEDAW reports are highlighted. Then, applying the ‘gatekeeper theory’ some of the findings of the respective shadow reports are highlighted. Finally, there are suggestions for a plan of action that should be adopted by the Government of Pakistan to ensure human rights in general and the human rights of women in particular.

The European Convention on Human Rights and International Public Order

2003 ◽  
Vol 5 ◽  
pp. 237-270
Author(s):  
Alexander Orakhelashvili
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Public Order ◽  
Human Rights Protection ◽  
The Public ◽  
Rights Protection ◽  
European Public ◽  
Essential Components ◽  
The Law ◽  
Definition Of

It is commonly assumed that the European Convention on Human Rights, being a treaty of specific nature, embodies elements of European public order. However, there seems to be no authoritative or generally accepted definition of the public order of Europe, of its essential components, and of its relationship with the notion of international public order. This article will examine these questions. In pursuing this goal, the law-enforcement resources accumulated within the European system of human rights protection will be examined in the context of interaction between the public order of Europe as part of the law of the European Convention, and international public order as part of general international law.

scholarly journals CONSTITUTIONALLY LEGAL MECHANISM FOR ENSURING RIGHTS AND FREEDOMS OF A PERSON AND A CITIZEN: CONCEPTS AND DIRECTIONS TO ACT

2021 ◽  
pp. 6-12
Author(s):  
Yuriy Bysaga
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Protection Mechanism ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Definition Of ◽  
Fundamental Rights And Freedoms ◽  
Legal Mechanism

One of the indicators of the fulfillment of international obligations by the state in the field of human rights is the perfect definition of the mechanism for ensuring the rights and freedoms of a person and a citizen. The purpose of this article is to clarify the concepts and directions of the constitutional and legal mechanism for ensuring the rights and freedoms of a person and a citizen. The methodological basis of the conducted research is the general methods of scientific cognitivism as well as concerning those used in legal science: methods of analysis and synthesis, formal logic, comparative law etc. The rights and freedoms of a person are complex. Structural elements of the human rights protection mechanism are the mechanism of legal influence in the field of human rights, the mechanism of legal regulation in the field of human rights, the legal framework of human rights, the system of human rights guarantees, and the system of human rights protection. Such legal phenomena as the mechanism of guaranteeing the fundamental rights and freedoms of citizens and the constitutional and legal mechanism of ensuring the fundamental rights and freedoms of citizens are not identical. Only the mechanism of guaranteeing the fundamental rights and freedoms of citizens contains both social and legal conditions and means that ensure the realization, protection and security of citizens' rights and freedoms. The definition of the concept of constitutional and legal mechanism for ensuring the rights and freedoms of a person and a citizen has been clarified: this is the system of organizational and legal and legal means of influence, through which opportunities for the implementation of rights and freedoms of a person and a citizen are created, and in case of violation or threat of violation, their protection is exercised by the bodies which are not vested with jurisdiction and the protection of bodies vested with jurisdiction. The main activities of this mechanism are embodied into the forms of ensuring the constitutional rights and freedoms of a person and a citizen: ensuring the implementation, protection and security of these rights and freedoms

scholarly journals The UN Special Procedures in the field of human rights. Institutional history, practice and conceptual framework

2017 ◽  
pp. 131-178
Author(s):  
Ingrid Nifosi
Keyword(s):  
Human Rights ◽  
Conceptual Framework ◽  
Institutional History ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Turn On ◽  
Conceptual Definition ◽  
Definition Of ◽  
International Experts ◽  
Scholarly Attention

The Special Procedures established by the Human Rights Commission, which entail the appointment of international experts to deal with human rights questions in specific issues, has received little scholarly attention regarding conceptual and methodological definition. This study tries to fill the gap in the analysis of SPs by developing and putting forward a conceptual definition of the UN mechanisms in question. To this aim it will turn on three main questions: Are there some «constitutional elements» of SPs? What are the main features of SPs’ human rights activity? What is the significance of such activity in terms of Human Rights Protection and Monitoring?Published online: 11 December 2017

scholarly journals I. AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS, AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS V GREAT SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA, ORDER FOR PROVISIONAL MEASURES 25 MARCH 2011

2012 ◽  
Vol 61 (3) ◽  
pp. 767-775 ◽  
Author(s):  
Eleni Polymenopoulou
Keyword(s):  
Economic Development ◽  
Human Rights ◽  
Social Welfare ◽  
Rural Areas ◽  
Financial Resources ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Foreign Intervention ◽  
The Concept Of Law ◽  
African Commission

Africa has been struggling for years to establish a mechanism of human rights protection comparable to other international and regional mechanisms. Illiteracy and the low standards of economic development and social welfare, especially in rural areas, as well as the absence of financial resources were certainly not the best grounds to build on. Moreover, as Nmehielle notes, the creation of a human rights mechanism in Africa was equally hinged on other questions, more controversial ones, such as the existence of the concept of ‘law’ and ‘rights’ in pre-colonial Africa.1 In this respect, a Western-style mechanism of human rights protection would be naturally perceived with suspicion, as a form of foreign intervention.

scholarly journals Defining International Terrorism to Protect Human Rights in the Context of Counter-terrorism

2018 ◽  
Vol 29 (1-4) ◽  
pp. 173-198
Author(s):  
Stella Margariti
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Terrorism ◽  
Main Argument ◽  
Breeding Ground ◽  
Human Rights Protection ◽  
Counter Terrorism ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Definition Of

The main argument of this article is that defining international terrorism will further the protection of human rights in the context of counter-terrorism. For this purpose, it will be shown that the transnational legal system under which counter-terrorism operates is fraught with problems regarding human rights protection. Secondly, it will be shown how domestic counter-terrorism legislation can become a breeding ground for serious human rights violations, when based on too broad or otherwise problematic definitions of terrorism. Finally, it will be explored how human rights protection has been addressed so far by the relevant bodies of the United Nations and to what extent, if finalised, an internationally agreed upon definition of terrorism in the framework of the UN Comprehensive Convention will contribute to a fuller enjoyment of rights in a counterterrorism context.

Bound or Unbridled? A Legal Perspective on the Diplomatic Functions of European Union Delegations

2018 ◽  
Vol 13 (1) ◽  
pp. 21-40 ◽  
Author(s):  
Sanderijn Duquet
Keyword(s):  
European Union ◽  
Human Rights ◽  
Member State ◽  
Individual Member ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Perspective ◽  
Vertical Division

Summary When serving abroad, diplomats must abide by both the diplomatic functions detailed in the 1961 Vienna Convention on Diplomatic Relations and the Convention’s general obligations. This applies, too, to the European Union’s missions (Union delegations), which execute diplomatic functions for the eu in third countries. These diplomatic activities are more severely constrained than for individual member states by the limits set by eu law in terms of the horizontal and vertical division of competences. This article demonstrates how Union delegations fulfil nearly all traditional diplomatic tasks outlined in the Vienna Convention, while going beyond the traditional conception of diplomatic functions in terms of human rights protection, the execution of administrative programmes, and the management of coordination/cooperation modes with eu member state missions on the ground. Ultimately, the article argues that Union delegations are able to meet the demands of modern diplomatic interchange and may have inadvertently altered diplomatic functions altogether.

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