CRIME AS A VIOLATION OF HUMAN RIGHTS

2020 ◽  
Vol 10 (4) ◽  
pp. 65-69
Author(s):  
OLGA GUZEEVA ◽  
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Fundamental Rights ◽  
Functional Connection ◽  
Domestic Literature ◽  
Relevant Task ◽  
Universal Instrument ◽  
Legal Restrictions ◽  
The One ◽  
Fundamental Rights And Freedoms

Relevance of the research. The close substantive and functional connection between human rights and a crime forms a complex research subject, though its study is not given sufficient attention in the domestic literature. On the one hand, the concept of human rights violations includes acts that are not always criminalized, on the other hand, not all crimes can be regarded as violations of human rights. Meanwhile, the criminal law is recognized as a universal instrument of protecting human rights, and therefore it must take into account these features of offenses in the mechanism of its functioning. Purpose of the research. The relevant task of this publication is to define a differentiated analysis of the mechanism for the formation of a criminal-legal prohibition on committing dangerous acts, depending on whether they infringe or not infringe on the fundamental rights and freedoms of citizens. Research results. Acts that infringe on fundamental human rights and freedoms are subject to mandatory criminalization. The unlawfulness of such acts is determined precisely by the fact that they violate the general constitutional provisions on the inadmissibility of encroachments on fundamental rights and freedoms. Acts that do not infringe on fundamental human rights and freedoms can be criminalized in accordance with the discretion of the legislator. The establishment of a criminal law prohibition in this case is preliminarily mediated by the construction of sectoral legal restrictions for the relations protected by the criminal law. Such sectoral legal restrictions are subject to the requirements of Part 3 of Art. 55 of the Constitution of the Russian Federation and can be expressed in two of their main forms: either as a complete prohibition of a certain right (freedom), or as a decrease in the options for possible, permissible behavior by establishing various limits of such behavior by state authorities. A differentiated analysis of the mechanism of criminalization of acts, depending on their correlation with violation of human rights, proves that the criminal law itself, formally confirming in the dispositional part, the restriction of the rights of law-abiding citizens, in reality does not restrict them, since the grounds for such a restriction lie outside the criminal law.

Constitutional Rights and Finnish Criminal Law and Criminal Procedure

1999 ◽  
Vol 33 (3) ◽  
pp. 592-606
Author(s):  
Raimo Lahti
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Fundamental Rights ◽  
European Convention ◽  
Constitutional Rights ◽  
Political Rights ◽  
Remarkable Change ◽  
Human Rights Treaties ◽  
Fundamental Rights And Freedoms

The constitutional aspects of criminal law and criminal procedure only began to receive serious attention in Finland in the 1990s. The remarkable change in legal thinking and practice in this respect was connected to two major legislative reforms: firstly, Finland ratified the European Convention on Human Rights and Fundamental Freedoms (ECHR) in 1990 and, secondly, new provisions on fundamental (basic) rights were incorporated in the Finnish Constitution in 1995. A fully revised new Constitution of Finland was enacted in 1999 (to be entered into force on 1 March 2000), but the substance of fundamental rights and freedoms was confirmed already in the constitutional reform of 1995.Those aspects had not, however, been completely overlooked before. Most of the relevant human rights treaties were eventually ratified in Finland (e.g., the International Covenant on Civil and Political Rights, CCPR) and, when ratified, they were incorporated into the domestic legal order. Nevertheless, courts or administrative authorities very seldom referred to human rights treaties or constitutional rights before the late 1980s; a tradition of invoking constitutional rights in the courts was lacking. Instead, human rights treaties and constitutional rights were primarily regarded as binding the legislator.

scholarly journals Legal Certainty and Democracy: What the “Constitutional Legislator” Allows

2020 ◽  
Vol 20 (4) ◽  
pp. 439-448
Author(s):  
Mikhail V. Presnyakov ◽  
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Legal Certainty ◽  
The Stability ◽  
The One ◽  
Fundamental Rights And Freedoms ◽  
The Individual ◽  
Democratic Transformation

Introduction. The article analyzes the legal certainty of the individual as the stability of the content of fundamental rights and freedoms in the context of democratic processes of reforming the current legislation and the Constitution of the Russian Federation. Theoretical analysis. The article notes that the need for stability of fundamental human rights and freedoms is in some contradiction with their dynamic, evolutionary nature. The author questions the possible and necessary limits of majority democratic will with regard to the transformation of the legal system, in general, and constitutional rights and freedoms, in particular. The article addresses some “points of tension” between democracy and the rule of law. Results. On the basis of the article, it is concluded that participation in the processes of democratic transformation of the legal system can be considered as a right to democracy and, in this understanding, it needs the search for a balance with other fundamental rights and freedoms. It is on the basis of this balance that the legal certainty of the individual must be ensured, combining, on the one hand, the stability of the substantive characteristics of fundamental rights and freedoms, and, on the other hand, the expansion of legal claims and the evolution of human rights.

EUROPEAN INSTITUTIONS AND MECHANISMS FOR PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF MILITARY PERSONNEL

2021 ◽  
Vol 17 (1) ◽  
pp. 175-182
Author(s):  
Madălina PREDA (DAVIDOIU)
Keyword(s):  
Human Rights ◽  
Military Personnel ◽  
Fundamental Rights ◽  
International Treaties ◽  
Strategic Objectives ◽  
European Institutions ◽  
Legal Foundation ◽  
Standards Of Conduct ◽  
Fundamental Rights And Freedoms ◽  
The Military

Abstract: Through international treaties, human rights have reached the pinnacle of their legitimacy, being ratified by most countries. Respecting the human rights is the legal foundation for a democratic society in which the military has a defining role. In the comprehensive approach of the European institutions, protecting and promoting the human rights of military personnel are preconditions for regional unity, stability and security. The European documents provide an integrated understanding of the concept of rights and freedoms in relation to the special status of military personnel in society, representing regulated standards of conduct. Promoting the culture of respect for the fundamental values of human rights, both in the process of military education and training, as well as in exercising their specific tasks, represents an instrument for maintaining the order, discipline and morale of the military, ensuring the effectiveness of military actions and an overwhelming factor supporting the achievement of strategic objectives.    

23. Current issues

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
International Human Rights ◽  
Environmental Rights ◽  
The Future ◽  
International Human ◽  
State Actors ◽  
The Law ◽  
Fundamental Rights And Freedoms ◽  
State Responses

This chapter outlines the future agenda for international human rights and provides an overview of some issues that are likely to characterize the evolution of international human rights in the future. These include non-State actors, including businesses. Environmental rights are also considered. The chapter also suggests that State responses to the threat of terrorism must be proportionate to said threat and must be in accordance with the law, respecting fundamental rights and freedoms.

scholarly journals “Foreign Terrorist Fighters”: A Human Rights Approach?

2018 ◽  
Vol 29 (1-4) ◽  
pp. 120-172
Author(s):  
Helen Duffy
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Full Range ◽  
Organised Crime ◽  
Humanitarian Law ◽  
Contributing Factors ◽  
Short And Long Term ◽  
The One ◽  
Long Term Impact

This article reflects on the proliferation of responses to the so-called phenomenon of “foreign terrorist fighters,” and the profound human rights challenges they give rise to. It considers national, regional and international developments, many spurred by an activist Security Council, through which expanded powers have been assumed and rights restricted by reference to the need to respond to ftf threats. A series of uncomfortable relationships emerge from this analysis. They include for example tensions: between the evolving and still relatively superficial understanding of the nature and source of uncertain threats and contributing factors on the one hand, and the onerous and far-reaching nature of responses directed against them on the other; between the expansive use of coercive measures including criminal law, and basic constraining principles of criminal law upon which its legitimacy and power depends, such as individual culpability, harm principle and remoteness; or between the original purposes of most ftf measures and their impact in practice, on the operation of humanitarian law, on humanitarian workers and human rights defenders, and on the rule of law. Exceptional ftf measures continue to spread their reach and creep into other areas of security and organised crime. The article highlights the need to consider the short and long term impact, on the full range of rights of many, of the array of administrative, criminal and other measures being passed into law and implemented in practice across the globe in the name of responding to the ill-defined phenomenon of “ftfs”.

scholarly journals Reflexiones sobre la libertad de testar y la stedh de 13 de julio de 2004

2013 ◽  
Author(s):  
Fernando Carol Rosés
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Council Of Europe ◽  
Spanish Constitution ◽  
Derechos Humanos ◽  
European Court ◽  
Direct Form ◽  
The Will ◽  
Private Autonomy ◽  
Fundamental Rights And Freedoms

La STEDH de 13 de julio de 2004 –dictada en un litigio que tiene su origen en una demanda presentada contra el Principado de Andorra– elude abordar de forma directa el hipotético conflicto entre libertad de testar y principio de igualdad y,en cambio, reelabora la voluntad del testador a la luz del Convenio Europeo de Derechos Humanos, lo cual supone un ataque a la esencia misma de la sucesión testada. Aunque con carácter de obiter dicta entiende que cualquier relación jurídica de Derecho privado deberá ser interpretada de conformidad con el Convenio, afirmación que cuestiona la propia autonomía privada. Si bien en España, como en otros muchos Estados miembros del Consejo de Europa, las sentencias del Tribunal Europeo de Derechos Humanos no son directamente ejecutivas, sí es cierto que a la luz del artículo 10.2 de la Constitución Española tanto el principio de igualdad como los demás derechos fundamentales y libertades deberán ser interpretados de conformidad con los acuerdos internacionales ratificados por España, siendo ésta precisamente la vía que conduce a la efectividad de la jurisprudencia del Tribunal Europeo de Derechos Humanos, creando, en el caso que nos ocupa, una situación, cuanto menos, preocupante.The ECHR Judgment of 13 July 2004 –dictated in a litigation that has his origin in a demand presented against the Principality of Andorra– eludes to approach of direct form the hypothetical conflict between freedom of testamentary disposition and beginning of equality, with the consequence that there re-elaborates the will of the testator in the light of the European Agreement of Human rights, which supposes an assault to the essence itself of the testate succession. Though with character of obiter dicta he understands that any juridical relation of private Law will have to be interpreted of conformity with the Agreement, affirmation that questions the own private autonomy. Though in Spain, since in other many members states of the Council of Europe, the judgments of the European Court of Human rights are not directly executive, yes it is true that in the light of the article 10.2 of the Spanish Constitution both the beginning of equality and other fundamental rights and freedoms will have to be interpreted of conformity with the international agreements ratified by Spain. Therefore, this one is precisely the route that he leads to the efficiency of the jurisprudence of the European Court of Human Rights, creating, in the case that occupies us, a situation worrying.

scholarly journals CONFISCATION OF PROPERTY AS A SANCTION IN LATVIA CRIMINAL LAW

2019 ◽  
Vol 3 (88) ◽  
pp. 47
Author(s):  
Dainis Mežulis
Keyword(s):  
Human Rights ◽  
Community Service ◽  
Criminal Law ◽  
Justice System ◽  
Special Property ◽  
State Ownership ◽  
Fundamental Rights ◽  
Legal Person ◽  
Criminal Penalty

The purpose of the paper is to analyze confiscation of property as a criminal penalty in  the criminal law of Latvia. According to the Section 42 of criminal law - confiscation of property is compulsory alienation of the property owned by a convicted person to the State ownership without compensation. Confiscation of property may be specified as an additional punishment to a deprivation of liberty or community service. Property owned by a convicted persons,  which they  have transferred to another natural or legal person, may also be confiscated. Confiscation of property may be specified only in the cases provided by Law. A court, in determining confiscation of property, shall specifically indicate which property is to be confiscated.At the same time - Chapter VIII.2 of criminal law has a very wide regulation of special property confiscation , that by law is not  a criminal penalty, but  a compulsory measure.The author believes that confiscation as a sanction must be excluded from law, as it is not in line with fundamental rights and is not efficient.Special confiscation and fine are more efficient and precisely regulated, which allow to respect human rights. Confiscation does not ensure balance between effectiveness and human rights with regards to general objectives of criminal justice system.

scholarly journals Atikel

2021 ◽  
Author(s):  
Elinda dwi sari
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Ethnic Origin ◽  
Fundamental Rights ◽  
Present Information ◽  
Definition Of ◽  
Fundamental Rights And Freedoms ◽  
Health Rights ◽  
Basic Standards ◽  
Dignified Life

Human rights are fundamental rights and freedoms for all people, regardless of nationality, gender, gender, national or ethnic origin, race, religion, language or other status. Two values form the basis of the concept of human rights. The first is “human dignity” and the second is “equality”. Human rights are actually a (experimental) definition of the basic standards necessary for a dignified life. This paper was written to present information on human rights (HAM). The results of this discussion are Human Rights and Health Rights to Food.

scholarly journals GUARANTEES OF PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF CONSUMED

2021 ◽  
pp. 148-155
Author(s):  
А.В. Тюменев ◽  
Д.Е. Михайлов
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Fundamental Rights And Freedoms

В статье рассматриваются гарантии защиты основных прав и свобод осужденных. Автор проводит анализ понятия «гарантии прав и свобод человека», предлагает его авторское определение, раскрывает основные виды гарантий, а также предлагает меры, направленные на их совершенствование The article deals with the guarantees of protection of the fundamental rights and freedoms of convicts. The author analyzes the concept of «guarantees of human rights and freedoms», offers its author's definition, reveals the main types of guarantees, and also suggests measures aimed at their improvement.

Challenges to the Fundamental Rights and Freedoms Including Patient Rights During the COVID-19 Pandemic in Turkey

2022 ◽  
pp. 124-147
Author(s):  
Maral Törenli Çakıroğlu
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
Patient Rights ◽  
Fundamental Rights ◽  
World Health ◽  
The World ◽  
Experience Effects ◽  
Health Organization ◽  
Fundamental Rights And Freedoms ◽  
The Right

The COVID-19 virus, which first appeared in Wuhan, China in December 2019 and spread quickly to the whole world in a few months, was defined as a pandemic by the World Health Organization on 12 March 2020. This process has inevitably brought along problems in many areas, including health, education, social, economics, law, psychology, politics, and international relations. The pandemic era is a period when we appreciate more than ever how valuable our fundamental rights and freedoms are. Of these rights, the right to health and patient rights are significantly adversely impacted. This chapter will evaluate human rights, especially patient rights, mostly affected during this pandemic period in Turkey. This chapter further presents that other states are also continuing to experience effects of the pandemic. Both Turkey and other states must be prepared for the patients to properly benefit from the healthcare system in future outbreaks and pandemics. Otherwise, human and patient rights will continue to suffer.

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