scholarly journals ДО ПИТАННЯ ПРО УПОВНОВАЖЕНОГО ІЗ СОЦІАЛЬНИХ ПРАВ ГРОМАДЯН

2020 ◽  
pp. 93-98
Author(s):  
О. С. Прийменко
Keyword(s):  
Human Rights ◽  
Social Protection ◽  
Social Rights ◽  
State Control ◽  
The Status ◽  
The Right

The purpose of the article is to analyze the feasibility of introducing a specialized authorized person (ombudsman) to improve the system of state control over observance of social rights (primarily, the right to social protection). It is noted that the issue of introducing the commissioner for social rights of citizens has not received due attention from scientists. A large number of citizens' appeals to various state bodies regarding violations of social rights is an im­portant argument for regulating the status of the commissioner for social rights of citizens at the legislative level. The article presents a list of the main tasks of the commissioner for social rights of citizens, taking into account the experience of the Verkhovna Rada of Ukraine Commissioner for Human Rights and various specialized ombudsmen.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

The Office of the United Nations High Commissioner for Human Rights

2018 ◽  
Author(s):  
Gillian MacNaughton ◽  
Mariah McGill
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Right To Health ◽  
Social Rights ◽  
Limited Capacity ◽  
United Nations High Commissioner ◽  
Leading Role ◽  
High Commissioner ◽  
The United Nations ◽  
The Right

For over two decades, the Office of the UN High Commissioner for Human Rights (OHCHR) has taken a leading role in promoting human rights globally by building the capacity of people to claim their rights and governments to fulfill their obligations. This chapter examines the extent to which the right to health has evolved in the work of the OHCHR since 1994, drawing on archival records of OHCHR publications and initiatives, as well as interviews with OHCHR staff and external experts on the right to health. Analyzing this history, the chapter then points to factors that have facilitated or inhibited the mainstreaming of the right to health within the OHCHR, including (1) an increasing acceptance of economic and social rights as real human rights, (2) right-to-health champions among the leadership, (3) limited capacity and resources, and (4) challenges in moving beyond conceptualization to implementation of the right to health.

Overcoming Extreme Poverty by Social Protection Floors – Approaches to Closing the Right to Social Security Gap

2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Markus Kaltenborn
Keyword(s):  
Sustainable Development ◽  
Social Security ◽  
Development Policy ◽  
Social Transformation ◽  
Social Protection ◽  
Social Rights ◽  
Extreme Poverty ◽  
The Right ◽  
Security Guarantees ◽  
Security Gap

AbstractThe 2030 Agenda for Sustainable Development contains a very ambitious poverty reduction schedule: According to Sustainable Development Goal 1 extreme poverty shall be completely eradicated within the next 15 years (SDG 1.1), and also other forms of poverty shall be reduced within the same period at least by half the proportion of men, women and children of all ages (SDG 1.2). Governments are requested to “(i)mplement nationally appropriate social protection systems and measures for all, including floors, and by 2030 achieve substantial coverage of the poor and the vulnerable” (SDG 1.3). The authors of the Agenda refer to the concept of so-called social protection floors which has been identified as an important instrument in the fight against extreme poverty and therefore has attracted much attention in recent development policy debates. In June 2012 the General Conference of the International Labour Organization (ILO) had adopted the Social Protection Floors Recommendation. In this document ILO members are urged, as a first step, to establish basic social security guarantees, including access to essential health care and basic income security for all residents of their countries and, as a second step, to systematically extend these basic social security guarantees into more comprehensive strategies. If we look for legal answers to the global challenge of extreme poverty, then social protection law – and in particular the human right to social security – deserves special attention. Based on the research framework which has been presented by Haglund and Stryker in their book Closing the Rights Gap. From Human Rights to Social Transformation (2015) this article will try to analyze which role the legal systems in the Global South will play in implementing SDG 1 at the national level and in closing the “right to social security-gap”. Haglund and Stryker describe, inter alia, two models for social rights realization which represent alternative approaches to the MDG/SDG concept: (a) the so-called multistage spiral model whose main focus lies on the different phases which new norms have to go through when they are implemented in a state’s society, and (b) the “policy legalization model” which highlights the role of litigation in ensuring social rights compliance. Furthermore the article will deal with the responsibility of the international community in this area of development policy.

The Israeli Unfinished Constitutional Revolution: Has the Time Come for Protecting Economic and Social Rights?

2004 ◽  
Vol 37 (2-3) ◽  
pp. 299-345 ◽  
Author(s):  
Yoram Rabin ◽  
Yuval Shany
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Hard Core ◽  
Social Rights ◽  
Cultural Rights ◽  
Basic Law ◽  
The Supreme Court ◽  
The Status ◽  
Interpretive Strategies ◽  
The Right

AbstractThis article addresses the constitutional discourse surrounding the status of economic and social rights in Israel. It examines the principal interpretive strategies adopted by the Supreme Court with regard to the 1992 basic laws (in particular, with respect to the right to human dignity) and criticizes the Court's reluctance to apply analogous strategies to incorporate economic and social rights into Israeli constitutional law. Potential explanations for this biased approach are also critically discussed. The ensuing outcome is a constitutional imbalance in Israeli law, which perpetuates the unjustified view that economic and social rights are inherently inferior to their civil and political counterparts, and puts in question Israel's compliance with its obligations under the International Covenant of Economic, Social and Cultural Rights. At the same time, encouraging recent Supreme Court decisions, particularly the YATED and Marciano judgments, indicate growing acceptance on the part of the Court of the role of economic and social rights in Israeli constitutional law, and raise hopes for a belated judicial change of heart concerning the need to protect at least a ‘hard core’ of economic and social rights. Still, the article posits that the possibilities of promoting the constitutional status of economic and social rights through case-to-case litigation are limited and calls for the renewal of the legislation procedures of draft Basic Law: Social Rights in the Knesset.

scholarly journals The normative framework of the protection of personal data in the field of (bio)medicine

Temida ◽  
2012 ◽  
Vol 15 (3) ◽  
pp. 99-114 ◽  
Author(s):  
Natasa Rajic
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
European Convention ◽  
International Treaties ◽  
Normative Framework ◽  
The Status ◽  
The Republic ◽  
The Right ◽  
Treatment Procedures ◽  
Biomedical Treatment

This paper discusses the normative framework of regulating the right to protection of personal data relating to biomedical treatment procedures of patients as human rights. The subjects of analysis are the European Convention, the Convention on Human Rights and Biomedicine and the relevant provisions of the Constitution of the Republic of Serbia. The right to protection of personal data in the field of biomedicine is analyzed comparatively in terms of the content of this right and in terms of basis for limiting this right. The analysis is carried out to find answers to the question if the constitutional framework is consistent in terms of exercising this right, taking into account the constitutional provision on the direct application of human rights guaranteed by international treaties and other provisions that determine the status of international sources of law in our legal system.

scholarly journals The social doctrine of the catholic church as a foundation for the emergence of the legal regulation in the area of social protection in Europe

2020 ◽  
pp. 353-357
Author(s):  
Mykhailo Shumylo
Keyword(s):  
Human Rights ◽  
Welfare State ◽  
Catholic Church ◽  
Social Protection ◽  
Legal Regulation ◽  
Social Rights ◽  
Holy See ◽  
Social Doctrine ◽  
The Social ◽  
The Catholic Church

The social doctrine of the Catholic Church is an indication of the active involvement of the Church in disseminating the ideas ofthe welfare state and it reflects its attempts to establish ideals of the welfare state through an external influence on the ideology of countriesthat belong to Christendom.Furthermore, one cannot ignore the fact that encyclicals had a direct or indirect influence on the adoption of the first social protectionacts in Catholic Europe where encyclicals played an important role.As a result, the Holy See aligned itself with the labour movement.Considering the fact that papal encyclicals covered the entire Catholic World, these documents can be viewed as an example ofinternational soft law.The first social rights, principles, and values in the area of social protection were enshrined in the encyclicals.Social rights belong to second-generation human rights the legal basis for which comprises international instruments adoptedafter the Second World War (the Universal Declaration of Human Rights (1948), the Convention for the Protection of Human Rightsand Fundamental Freedoms (1950), the International Covenant on Economic, Social and Cultural Rights (1966), the European SocialCharter (Revised) (1965–1996), the European Code of Social Security (1964), meaning 50 years after these rights were enshrined inpapal encyclicals.There is an indisputable fact that has still not been discussed in scientific research on social protection and according to whichthe social doctrine of the Catholic Church can be viewed as an inherent part of the process of occurrence, formation, and developmentof social protection, and it can be regarded as an ideological framework, a source of social rights and principles of social protection.Considering the above-mentioned findings, the social doctrine of the Catholic Church can be defined as the body of legislationadopted by the Holy See regarding the status and development of social and labour rights, their place in a person’s life and in publiclife. Papal encyclicals form the basis of that legislation and they are addressed to believers, bishops, and archbishops.

scholarly journals Collective Action Right as a Basic Human Right

2017 ◽  
Vol 6 (s2) ◽  
pp. 9-17
Author(s):  
Pir Ali Kaya ◽  
Ceyhun Güler
Keyword(s):  
Human Rights ◽  
Collective Action ◽  
Resistance Mechanism ◽  
European Convention ◽  
Social Rights ◽  
Human Right ◽  
Political Field ◽  
European Court ◽  
Social Interests ◽  
The Right

Abstract According to The European Social Charter, the European Convention on Human Rights, the ILO Conventions, the decisions of the European Court of Human Rights, the decisions of the European Social Rights Committee and the ILO supervisory bodies, the right to collective action is a democratic right that aims to protect and correct the economic and social interests of workers in the workplace or in another place appropriate for the purpose of action. The above-mentioned institutions accept the right to collective action as a fundamental human right. According to the decisions of the European Court of Human Rights, the right to collective action is regarded as a democratic right, including strike. In particular, the right to collective action is being used as a resistance mechanism against new working relations, which are imposed on working conditions, right to work and the right to organize. However, the tendency of this right to political field, leads to some debate about the legality of the right to collective action. In this context, In the decision of the European Court of Human Rights, the ILO's supervisory bodies and the European Committee on Social Rights, it is emphasized that collective action rights should be a basic human right. In this study, the legal basis of the right to collective action will be discussed in accordance with the decisions and requirements of the European Court of Human Rights and the decisions of the ILO supervisory bodies.

scholarly journals Subjects of the Right to Appeal to the Court in Cases of Recognition of Inheritance as Escheat

2021 ◽  
pp. 70-94
Author(s):  
Nadiia BONDARENKO-ZELINSKA ◽  
Maryna BORYSLAVSKA ◽  
Oksana TRACH
Keyword(s):  
Human Rights ◽  
The Public ◽  
Scientific Analysis ◽  
The Status ◽  
Land User ◽  
Legitimate Interests ◽  
The Subject ◽  
Government Body ◽  
The Right ◽  
Do So

The article explores certain problems of law enforcement practice in recognizing inheritance as escheat. The subject of scientific analysis is the subject composition of these procedural relations. Applicants in this category of cases can be conditionally divided into two groups: 1) persons obliged to submit an application to the court for recognition of the inheritance as escheat, and 2) persons who have the right to do so. The persons who are obliged to apply to the court for recognition of the inheritance as escheat are territorial communities. On the basis of an analysis of the legislation, it was established that in the case where a united territorial community was formed in a certain territory, it is authorized to apply to the court for recognition of the inheritance as escheat. On behalf of the local self-government body as a representative of the territorial community (united territorial community), a lawsuit may be initiated to recognize the inheritance as escheat: 1)by its headman or 2) another person authorized to do so according to the law, statute, regulation, employment contract. That is, there can be both self-representation and representation on the basis of a special assignment. It received additional justification for the ability of the prosecutor’s office to submit an application for recognition of the inheritance as escheat in the absence of a territorial community. In such a case, the public prosecutor's office shall represent the legitimate interests of the State in court, in accordance with article 56 of the Code of Criminal Procedure, as a body or person entitled to defend the rights, freedoms and interests of others (human rights defender). The possibility of participating not only as an applicant but also as a human rights defender is justified. The possibility of self-representation of local self-governments in cases of recognition of inheritance as escheat by a headman is proposed. It is further argued that such a possibility should be provided for in the Headman’s Regulations, which are approved by the relevant local councils. The peculiarities of initiation of production by subjects for whom the application to the court for recognition of the inheritance as escheat is a right, not an obligation (creditors of the testator, owners and/or users of adjacent land plots) are analyzed. If an applicant in cases of recognition of the inheritance as escheat is a creditor, documents confirming the existing obligations in relation to the debtor-testator should be attached to the application. Recommendations are made on a list of documents that can confirm the status of an applicant-related land user to apply to the court for recognition of the inheritance as escheat. It is proposed to amend Art. 335 CPC of Ukraine on the necessity to provide the originals of written evidence together with a statement on the recognition of the inheritance as escheat. The role of a notary in cases of recognition of inheritance as escheat has been investigated. It is proposed to provide in the legislation the right of a notary to submit to the court an application for recognition of the inheritance as escheat. It is proposed to improve the way of informing the public about the discovery of an inheritance that has no heirs.

INTRODUCTORY NOTE

2020 ◽  
pp. 694-706
Author(s):  
Frans Viljoen
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
Customary International Law ◽  
Human Rights Treaties ◽  
Introductory Note ◽  
The Status ◽  
The Right ◽  
First Time ◽  
Family Code

The African Court on Human and Peoples’ Rights is the newest of the three regional human rights courts. This brief analysis provides an overview of the most salient aspects of the Court’s 2018 case-law with respect to jurisdiction, provisional measures, admissibility, merits decisions, and reparations orders. Continuing its trajectory of increasing productivity, the Court in 2018 handed down the highest number of merits decisions in its brief history. As in previous years, most of these were fair-trial-related cases against Tanzania. The Court’s 2018 case-law contains a number of firsts. In Gombert v. Côte d’Ivoire, the Court for the first time ruled as inadmissible a case previously settled by an African subregional court, the Court of Justice of the Economic Community of West African States. In Anudo v. Tanzania, dealing with the right to nationality, the Court for the first time found a violation of the Universal Declaration of Human Rights, on the basis that the Declaration has attained the status of customary international law. In Makungu v. Tanzania, it for the first time ordered the applicant’s release as an appropriate remedy for serious fair trial violations. The Court’s most significant decision of 2018 is the Mali Marriage case, in which it held aspects of the 2011 Malian Family Code to be in violation not only of human rights treaties emanating from the African Union, but also the UN Convention on the Elimination of all forms of Discrimination Against Women.

Human Rights and the Arctic

2009 ◽  
Vol 1 (1) ◽  
pp. 233-243
Author(s):  
Gudmundur Alfredsson
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
The Arctic ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Independent State ◽  
The Status ◽  
Recent Developments ◽  
The Many ◽  
The Right

Abstract This article surveys some of the many international human rights law issues that come up in connection with the Arctic, such as the rights of indigenous peoples and the formulation of these rights in a draft Nordic Sami Convention. The focus, however, is on recent developments concerning the status of Greenland as a result of an agreement concluded in 2008 between the Danish and Greenlandic authorities. This agreement foresees not only a significant increase in self-government but also opens the door for the Greenlandic people to create an independent State through the exercise of the right to external self-determination as a matter of political decolonisation of an overseas colonial territory.

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