scholarly journals THE EVOLUTION OF GENDER EQUALITY INTERNATIONAL LEGAL REGULATION

2021 ◽  
pp. 139-146
Author(s):  
Kh. Rionidze

The article is devoted to theformation of development and legalregulation of the principle of genderequality in international law, whichis referred to the level of values of theEuropean Union (EU), and also playsan important role for Ukraine due tothe context of European integration.Today, the attitude towards women insociety is significantly different fromthe attitude towards men and thisapplies to different spheres of life:social, political, legal. Thus, politicalgender inequality includes less representation of women in electedpositions and lower representationin political and corporate circles.Gender equality means the existenceof a society in which both women andmen have equal opportunities, rightsand responsibilities in all spheres oflife. Equality between women andmen is equal access to education andhealth care, governance and power forboth sexes, their equal opportunitiesfor financial independence, and therealization of their personal andprofessional needs and interests.One of the most significantdevelopments in international law inthe middle of the twentieth centurywas the consolidation of the principleof non-discrimination and the furtherdevelopment of international andregional legal standards aimed atimproving and protecting the rightsof all women and girls. At the sametime, the protection of women andgirls, as well as men and boys, is firstand foremost the responsibility of thestate. International law establishesthe obligation of states to protecttheir own citizens, including againstgender discrimination. Currently,gender equality is gaining priorityin the activities of internationalorganizations.At the present stage of developmentof society, the issues of genderequalities are not the last place interms of relevance. Gender inequalityslows down the development ofsociety. That is why the achievementof gender equality is now becoming acentral indicator of the developmentof each country

Author(s):  
Iryna Klymchuk ◽  
◽  
Olena Shtraikher ◽  

The study examines the peculiarities of the implementation of gender policy in the field of security and defense by the example of the UN and NATO. To achieve this goal, we considered the legal regulation of gender equality in the field of security and defense of the UN and NATO; analyzed the work of institutional mechanisms for the implementation of gender policy in the field of security and defense by the example of the UN and NATO; characterized the peculiarities of cooperation between Ukraine, the UN and NATO in ensuring gender equality in the field of security and defense. The legal regulation of gender equality at the UN and NATO levels was considered, in particular a number of resolutions (UN Security Council Resolutions on Women, Peace and Security No. 1325, No. 1820, No. 1888, No. 1889, No. 1960, No. 2106, No. 2122, No. 2422, No. 2467, No. 2493), which recognizes the importance of involving women and gender mainstreaming in peace negotiations, humanitarian planning, peacekeeping, post-conflict peacebuilding, governance, and equal participation of women at all levels of conflict prevention or protection from sexual violence. Also the authors analyzed the work of institutional mechanisms responsible for the implementation of gender policy of the UN and NATO, in particular, their expertise and scope of activities. It was clarified that the following persons responsible for the implementation of UN Security Council Resolutions in NATO: Special Representative of the Secretary-General for Women, Peace and Security; NATO Gender Office; Gender Adviser at the International Military Staff; a number of advisory committees and working groups led by NATO Strategic Command; Civil Society Advisory Council on Women, Peace and Security. At the same time, the UN has seven expert institutions and regional independent human rights experts to combat discrimination and gender-based violence against women and girls: UN Special Rapporteur on Violence against Women; UN Committee on the Elimination of Discrimination against Women; UN Working Group on Discrimination against Women and Girls; Committee of Experts on the Follow-up Mechanism to the Belem-Par Convention; Expert Group on Combating Violence against Women and Domestic Violence; Special Rapporteur on Human Rights in Africa of the African Commission on Human Rights; Human Rights Rapporteur. In addition, a number of sub-organizations and programs have been established at the UN level to achieve gender equality in all spheres of life, such as the United Nations Development Program (UNDP), the HeForShe IMPACT 10x10x10 movement and the UN-Women. Aspects of Ukraine's cooperation with the UN and NATO in ensuring gender equality in the field of security and defense are highlighted separately. The importance and effectiveness of cooperation between Ukraine and the Alliance during the war in Eastern Ukraine have been established. The support by the UN of Ukraine in fulfilling the obligations within the international regulatory framework on the introduction of gender equality and women’s rights was also analyzed.


Author(s):  
Эллада Балаян ◽  
Ellada Balayan

As a result of the research of certain topical problems of Russian citizenship, the author makes the following basic conclusions. First of all, it is necessary to point out the existence of some problems and gaps in the legal regulation of the acquisition of citizenship of the Russian Federation and the deprivation of Russian citizenship. In particular, attention is focused on the absence in the Russian legislation of a legal norm that fixes the magnitude of the legitimate source of livelihood. In addition, the author proposes to include in the norm of the Federal Law «On Citizenship of the Russian Federation» a possibility for persons with special merits to the Russian Federation to be accepted into the citizenship of the Russian Federation without observing the conditions stipulated for the acquisition of citizenship in the «general order». In conclusion, the author proves that at the present stage of the development of the society, the state and the international law, it is unjustified to deprive those participating in terrorist acts of Russian citizenship.


2017 ◽  
Vol 32 (3) ◽  
pp. 234-240 ◽  
Author(s):  
Olusesan Ayodeji Makinde ◽  
Cheluchi Onyemelukwe ◽  
Abimbola Onigbanjo-Williams ◽  
Kolawole Azeez Oyediran ◽  
Clifford Obby Odimegwu

Purpose Achieving gender equality and empowering all women and girls is the fifth Sustainable Development Goal (SDG). This continues the effort of the third Millennium Development Goal (MDG), which was “to promote gender equality and empower all women”. In Nigeria, a Gender and Equal Opportunities Bill had been under consideration in the Nigerian Senate since 2010 to be enacted as a Nigerian law as part of effort toward MDG 3. After six years, the Bill was voted out for “lack of merit”. The purpose of this paper is to provide a critical analysis of the outcome. Design/methodology/approach A review of this Bill and the authors’ perceptions of reasons for the decline are subsequently presented. Findings There were concerns based on the content of the Bill. It was agreed by members of the Nigerian Senate that the content of the Bill was not in line with the religious and cultural beliefs of most of the Nigerian population and thus, unworthy to be enacted as a Nigerian law. Social implications The review herein provides important analysis of the content of the declined Gender and Equal Opportunities Bill. It reflects the continued patriarchal norms and perception of the superiority of men over women in Nigeria. Originality/value The paper provides a bird-view analysis of an unsuccessful Gender and Equal Opportunities Bill in Nigeria. This information is needed for a review of the Bill ahead of possible re-presentation following modifications for discussion.


2020 ◽  
Vol 2 (3) ◽  
pp. 145-152
Author(s):  
Sergey Gaykovich

The article analyzes international standards in the field of changing the conditions of detention of persons sentenced to imprisonment. Proposals are made to optimize the Institute for changing the conditions of serving a prison sentence in the Republic of Belarus at the present stage. The analysis of international legal standards on the treatment of convicted persons (prisoners) allowed the author to draw the following conclusions. At the present stage of development, the international legal system is an independent, stable set of documents regulating legal relations in the penitentiary sphere. International standards in the field of imprisonment execution is clearly oriented States around the world to broaden the use of the progressive system of punishment is based precisely on changes of detention conditions and correctional institutions based on the behavior of the convicted person while serving a punishment. At the same time, it is pointed out that it is necessary to create conditions for expanding contacts with the outside world of persons serving sentences and maintaining their socially useful connections. The application of certain normative provisions of international standards in the process of changing the conditions of serving a sentence of liberty deprivation contributes to the achievement of the goals of criminal liability. Despite the advisory nature of the main part of international documents, the compilation of best practices and clarification of individual issues contributes to a uniform approach in law enforcement activity. In order to improve the efficiency of the penal system of the Republic of Belarus, it is rational to move from the recommendatory nature of the considered international standards to their mandatory implementation in law enforcement. This approach will definitely not entail significant material costs for the state, and the achieved results will undoubtedly contribute to improving the effectiveness of social adaptation and reintegration of convicts into society, strengthening the rule of law in correctional institutions and humanizing conditions of detention. The obtained conclusions can be used for further implementation of the requirements of the Penal Code, as well as the Development Concept of organizations of the penitentiary system and medical and labor dispensaries of the Ministry of Internal Affairs of the Republic of Belarus.


Author(s):  
K. A. Bekyashev ◽  
D. K. Bekyashev

The paper highlights the role of international law in the regulation of modern international relations. It is noted that international law is an essential tool for managing the activities of participants in international relations. Particular attention is given to the role of Russia in modern international law. The role of the Russian Federation in the progressive development of international law is analyzed. The authors give examples of the activities in the drafting of international legal acts at the present stage, as well as proposals put forward by Russia on the need for legal regulation of the most significant global problems of modernity for international relations. The conducted analysis suggests that the Russian Federation is currently one of the guarantors of international law. 


Author(s):  
Uliana Kuzenko

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.


2016 ◽  
pp. 88-109
Author(s):  
Wiktoria Domagała

The article undertakes the issue of gender equality policies in the context of its indicators. The main purpose of the paper is to identify the areas of gender inequality, its scale and determinants. Firstly, the article presents the legislation of gender equality policies – its main objectives. Next, the paper discusses indicators that were implemented by organisations such as the Organisation of the United Nations and the European Union. These selected indicators are presented, taking into account the situation in Poland. In conclusion, the paper highlights the main obstacles to the pursuit of equal opportunities for women and men in Poland.


Author(s):  
Asha Bajpai

This chapter deals with those children in especially difficult circumstances that are vulnerable, marginalized, destitute, and neglected and deprived of their basic rights. It commences with a history of the Juvenile Justice legislation in India right from the Children’s Act of 1960s to the current Juvenile Justice (Care and Protection of Children) Act, 2015. The barriers faced in the administration and implementation of the Juvenile Justice legislation throughout its evolution to its present stage is discussed in detail. How the law deals with children in need of care and protection and children in conflict with law are discussed in this chapter. Landmark judgements by courts and suggestions for further law reform are included. This chapter also contains international law relating to administration of juvenile justice, and United Nations guidelines in matters in matters involving child victims and witnesses of crime including UN Guidelines on Alternative Care of Children. Some civil society interventions are also included.


Author(s):  
Anicée Van Engeland

This chapter considers the extent to which Islamic governance can integrate international humanitarian law (IHL) into its own legal system by examining the case of Iran. It addresses the consequences of the emergence of an Islamic-universal hybrid legal system. The stakes are high because IHL’s efficiency and necessity have been questioned: The existence of the Iranian hybrid system of law can be perceived as a threat by scholars arguing that international law is at risk of fragmentation due to the variety of domestic and regional approaches to fundamental legal standards. The importance of those stakes is illustrated by the Iran-Iraq War: The process of mixing a universal secular legal system with a religious domestic law occurred at a crucial time when Iran was at war with Iraq, with clear effects on the protection of civilians and the conduct of hostilities.


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