scholarly journals INTERNATIONAL HUMAN RIGHTS PROTECTION ON THE INTERNET

2020 ◽  
Vol 10 (86) ◽  
Author(s):  
Valentyna Babiichuk ◽  
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Main Idea ◽  
Personal Data ◽  
Legal Protection ◽  
Legal Regulation ◽  
The Internet ◽  
Private International Law ◽  
Human Rights Protection ◽  
Social Settings

The research has been done on the international legal protection of rights and freedoms of Internet users in the context of the rapid grow and development of information and telecommunication technologies, global spread of Internet coverage and extraordinary availability of IT resources. The article demonstrates and analyses precedents of human rights abuses and violations in cyberspace, covers international and national legal instruments countering them, highlights potential methods of human rights and security, examines Internet safety concerning privacy and phenomenon of the overall transformation of private international law in accordance with challenges of the day. Numerous possible measures to protect personal data in cyberspace are listed as well as shortcomings of modern legal regulation in the area of human rights, violations on the Internet, which allow certain private actors to dodge the law. The author reviewed and summarized the main international and national legal acts in the field of human cybersecurity and the general content of it, documents of international organizations, regulating some aspects of cybersecurity were examined as well as some aspects of privacy in social settings and Internet platforms. The article also emphasizes that the comprehensive study of Internet challenges will always be a topical issue, for reasons that innovation and progress are on the rise, and the world faces more and more new and emerging challenges every day. Scientists and lawyers do not have the time and physical ability to analyze and research a great deal of information. They are failing to propose solutions to existing problems and to adapt legal systems to daily changes. The article also has taken note that the accessibility of the Internet could possibly jeopardize democracy. The main idea of research and the key thesis of the article is international and public methods to protect human rights on the cyberspace and also themself protection of users. The author has demonstrated how essential in our on-line work and Internet using safety is. In addition, the author showed how easy our private information could be about to the risk of identity theft and described well-known precedent of such cases.

scholarly journals LEGAL PROTECTION OF PERSONAL DATA IN THE FUNCTION OF PROTECTION OF HUMAN RIGHTS AND FREEDOMS

2020 ◽  
Vol 8 (10) ◽  
pp. 193-197
Author(s):  
Safet Krasniqi
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Legal Protection ◽  
Legal Regulation ◽  
State Agency ◽  
Material Resources ◽  
Technological Advances ◽  
Protection Of Human Rights ◽  
Telecommunications Law ◽  
Data Subject

The era of globalization and digitalization have become a necessary process for the legal and legal regulation of human rights. This is taken into account by the fact that technological-technological advances have increased fears of human rights violations. This is especially noteworthy in communication tools, the internet and so on. With the intent, protection of personal data and privacy In the international sphere, the EU has made the coding of the protection of personal data through Directive no. 95/96 EC, which entered into force on 24 October 1995, then the ECHR, the European Commission proposal, January 2012, on the reform of the European Data Protection Regulations, which was formulated in the Regulation which came into force on 24 May, 2016 and the General Directive, which entered into force on May 5, 2016. However, according to surveys made with EU citizens, credibility for the protection of personal data from EU institutions and those of member states is below the minimum. The protection of privacy in Kosovo is being done through the legislation and the establishment of the State Agency for the Protection of Personal Data even though Kosovo does not have sufficient technical and material resources for the minimal protection of personal data and privacy in general. This topic addresses the issue of providing information, the confidentiality of the data subject and the security of proceedings and the supervisory authority. Also, the instructions contained in the regulations, the sanctioning of these rights under the penal code necessarily make the approval of the telecommunications law in Kosovo.

Legal protection of vulnerable groups of population: practice of the European Court of Human Rights

2021 ◽  
Vol 39 (68) ◽  
pp. 136-152
Author(s):  
Liliia Matvieieva ◽  
Polina Baltadzhy ◽  
Iuliia Shmalenko ◽  
Natalia Yeftieni ◽  
Olga Ivanchenko
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Legal Regulation ◽  
Practical Significance ◽  
Vulnerable Groups ◽  
General Situation ◽  
Important Indicator ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court

The relevance of the problem under study is due to the need to monitoring the general situation to respect to human rights. The establishment, provision and realization of human rights is an important indicator in a state, which indicates its democracy, sociality, as well as the fact that such a state is legal. Purpose of the article in the study the issues of legal protection of vulnerable categories of population in the context of formation of active human rights policy of state aimed at increasing the capacity of socially vulnerable groups and reducing the risks of growing social tensions in society. The leading method for studying this problem is the legal sociological method, which allows us to study the effectiveness of state and legal regulation of human rights protection. The article presents an analysis of the results of the European experience in combating intolerance and discrimination. Its types main determined have been. Highlighted the criteria by which discrimination is prohibited. The legal system of human rights protection mechanisms is analyzed. The article presents scientific categories: discrimination, hate crimes, vulnerable groups. The practical significance lies in the development of proposals for improving domestic legislation.

scholarly journals Human rights protection on the internet in Russia and abroad

2021 ◽  
Vol 109 ◽  
pp. 01019
Author(s):  
Natalia Kovaleva ◽  
Svetlana Kulikova ◽  
Natalia Zhirnova ◽  
Tatiana Rudchenko
Keyword(s):  
Personal Data ◽  
Legal Protection ◽  
The Internet ◽  
Internet Service ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Internet Connection ◽  
Legitimate Interests ◽  
The Right ◽  
Right Of Access

The article focuses on the analysis of legal protection of personal, political, labor, educational and other rights, freedoms and legitimate interests of citizens on the Internet, as there are generally recognized problems related to their violation by individuals or various organizations.The authors analyze how citizens’ rights, such as the right of access to the Internet (the right to the internet connection, the right to IT neutrality, the right to availability of internet service, the right to comfortable usage of internet services, the right not to be disconnected) the right to digital identity (the possibility to manage internet data of private persons), the right to anonymity (the possibility of carrying out certain actions under a false name without revealing personal data that would allow the person to be identified), the right to discard unwanted information (to protect oneself against spam), the right to be forgotten, right to safe internet use, both in the technological as well in the contextual meaming, are declared and implemented on the Internet.

scholarly journals Right to privacy and protection of personal data in the age of the COVID-19 pandemic

2020 ◽  
Vol 54 (3) ◽  
pp. 670-697
Author(s):  
Ana Čović
Keyword(s):  
Human Rights ◽  
State Government ◽  
National Level ◽  
Personal Data ◽  
Legal Protection ◽  
Legal Aspects ◽  
Human Rights Protection ◽  
Personal Data Protection ◽  
Global Pandemic ◽  
Financial Interests

During the COVID-19 virus pandemic, individuals and society as a whole faced primarily challenges in the field of health, physical and mental, but also a number of other problems caused by the virus and various measures mainly related to restriction of freedom of movement and freedom of assembly. Apart from the health aspects of the global pandemic and its impact on the world economy, the sociological and legal aspects are extremely important, especially in the field of respect and protection of guaranteed human rights as one of the basic postulates of modern democratic society. When and to what extent their restriction is justified and expedient, as well as the exact limits of action of the state government and its representatives in situations when they are obliged to protect the general safety and public health of the population, are issues that have always caused numerous controversies and conflicting opinions. Today, individuals, various nongovernmental, regional and world organisations, are trying to answer the question whether during the past period man as a central subject of legal protection was seen through the eyes of respect, compassion and love of those whom he entrusted to make decisions on his behalf or whether the human dignity or a free man was sacrificed for the sake of political and financial interests of individuals and certain interest groups. Life in the digital era and the accelerated development of digital technologies have made the issue of privacy and personal data protection topical, especially in the period of the last global pandemic and the appearance of mobile applications for monitoring the contacts of patients. This raised the question of compliance of their use with legal regulations at the international and national level in the field of human rights protection.

Universal declaration of human rights as a source of universal international legal standards of human rights

2020 ◽  
pp. 36-42
Author(s):  
Uliana Kuzenko
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Universal Declaration ◽  
Human Being ◽  
Legal Basis ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Standards ◽  
International Human

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.

Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

scholarly journals IDENTIFICATION DATA MANAGEMENT: LEGAL REGULATION AND CLASSIFICATION

10.23856/4325 ◽  
2021 ◽  
Vol 43 (6) ◽  
pp. 198-203
Author(s):  
Oleksii Kostenko
Keyword(s):  
Information And Communication Technologies ◽  
Social Relations ◽  
Driving Forces ◽  
Personal Data ◽  
Legal Regulation ◽  
The Internet ◽  
Personal Data Protection ◽  
Protection Information ◽  
Use Of The Internet ◽  
Almost All

The scale, speed and multi-vector development of science and technology are extremely effective in influencing legal, economic, political, spiritual, professional and other social relations. The development of information and communication technologies, the use of the Internet, the creation, storage, transmission, processing and management of information became the driving forces of the new scientific and technological revolution. This facilitates the introduction of technologies for the transmission and use of information in digital form in almost all spheres of public life, namely text data, photo, audio, video images, which are transmitted in various ways via the Internet and other systems and means of communication. One of the key elements of data transmission technologies and systems is the availability of information by which it is possible to identify their subjects and objects by their inherent identification attributes. In Ukrainian legislation, in particular in the Law of Ukraine «On Personal Data Protection», information or a set of information about an individual who is or can be identified specifically is defined as personal data. However, despite its modernity, this law still contains a number of shortcomings and uncertainties, both in terminology and in the legal mechanisms for working with data by which a person can be identified, i.e. identification data.

scholarly journals INTERNATIONAL LAW ASPECTS OF GERMAN COPYRIGHT LAW (GCL)

2017 ◽  
Vol 3 (4) ◽  
pp. 93-98
Author(s):  
Юрий Юмашев ◽  
Yuriy Yumashev ◽  
Елена Постникова ◽  
Elena Postnikova
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Legal Regulation ◽  
Copyright Law ◽  
World Intellectual Property Organization ◽  
The Internet ◽  
Private International Law ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court). The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.

scholarly journals Refugee Protection as Human Rights Protection: International Principles and Practice in India

Refuge ◽  
1997 ◽  
pp. 39-44
Author(s):  
Brian Gorlick ◽  
Sumbul Rimi Khan
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Legal Protection ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Refugee Protection ◽  
National Human ◽  
International Human ◽  
The United Nations

This article focuses on the relationship between international human rights standards and refugee protection. The foundational status of the Universal Declaration of Human Rights and other human rights treaties are surveyed in light of India's international legal obligations. The authors argue that international human rights law and practice have had a significant impact on the protection activities of the Ofice of the United Nations High Commissioner for Refugees (UNHCR) both in countries of asylum, countries of origin and in relation to the United Nations and other human rights actors. In this context, courts and national human rights institutions are important players in safeguarding the rights of refugees. As none of the countries of South Asia is party to the international refugee instruments nor have any of them adopted a national refugee law or procedure, the activities of the Indian National Human Rights Commission stand out as a positive example of national institution expanding the legal protection of refugees in the region.

scholarly journals Politics Of Law Human Rights Protection In Indonesia

2020 ◽  
Vol 2 (4) ◽  
pp. 513
Author(s):  
Pradikta Andi Alvat
Keyword(s):  
Human Rights ◽  
Political Development ◽  
Legal Protection ◽  
Secondary Data ◽  
Three Dimensions ◽  
Reform Era ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Source Data ◽  
Protection Of Human Rights

This study aims to know how political development of legal protection of human rights in Indonesia and political objectives of the legal protection of human rights itself. The research method using normative juridical approach. Specification of the research is descriptive. Provide an overview and critical analysis and conclusions of the research object. Source data using secondary data sources through books and legislation. The data collection method through the study of literature. Analysis of data using qualitative approach. The results showed that the political development of the legal protection of human rights has undergone discourse tight since the formulation of the Constitution and found basic juridical-constitutional is ideal since the reform era with the birth of Chapter XA in the constitution on human rights, born Law of Human Rights, and the formation of the court of HAM. The purpose of a political human rights protection law contains three dimensions, namely the dimensions of philosophical, sociological dimension and juridical dimension.Keywords: Protection Of Human Rights; Political Law; State Law.

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