scholarly journals PROTECTION OF HUMAN RIGHTS IN CASES OF POLICE POWERS EXCEED IN THE REPUBLIC OF NORTH MACEDONIA

2019 ◽  
Vol 30 (6) ◽  
pp. 1371-1376
Author(s):  
Temelko Risteski ◽  
Georgi Tonovski ◽  
Vesna Sijic
Keyword(s):  
Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Police Powers ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Republic ◽  
The One ◽  
The Right ◽  
Excessive Use Of Force

Police in a democratic society is a service of the citizens. Its main tasks are the maintenance of public order and peace, the direct protection of human rights of citizens, the prevention of criminal acts and the fight against crime. As a service of the citizens, the police is obliged to respect human rights while performing the activities within its competence. The police have a dual role in securing human rights. On the one hand, it is obliged to protect human rights. On the other hand, when taking police powers, it should be extremely careful and not allow human rights to be endangered by exceed police powers.The powers of the Macedonian police in the performance of the activities under its competence are prescribed by the Law on Internal Affairs and the Law on Police. They are numerous. Among them are the use of firearms and other means of coercion. In addition, it has the right to examine citizens, the right to detention and deprivation of liberty. These and other powers of the police are always followed by a latent danger of being exceeded and thus, human rights to be harmed.The paper deal protection of human rights in cases of exceed police powers such as unlawful and unprofessional conduct, offensive and degrading behavior, harassment, excessive use of force with elements of torture, brutal behavior, bodily injuries, etc. In addition, the paper includes mechanisms for prevention of overstepping of police powers from the aspect of human rights protection.

A Case-Law Study of the Truth as Human Right

Global Jurist ◽  
2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Luis Castillo-Córdova ◽  
Susana Mosquera-Monelos
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Focus Attention ◽  
Human Right ◽  
Human Rights Protection ◽  
Rights Protection ◽  
International Recognition ◽  
Human Good ◽  
The Law ◽  
The Right

AbstractWe consider the right to the truth an essential human right that should be recognized and guaranteed by the Law. Allowing all humans access to the truth is a human good permitting the achievement of a higher degree of human perfection and realization and, consequently, there are strong reasons to affirm that the Law should recognize and guarantee as much as possible access to the truth. Considering that it has been the international recognition of the right to the truth which has provided the basis for domestic regulations it is logical that we should focus attention on the international sphere of human rights protection and it is for this reason that we have carried out a case-law method investigation to describe the concept of “the right to the truth”.

scholarly journals The Legality of Providing Legal Aid to Perpetrators of the Crime of Murder in the Perspective of the Theory of Dignified Justice

2021 ◽  
Vol 3 (4) ◽  
pp. 585-604
Author(s):  
Muhlis Safi’i
Keyword(s):  
Human Rights ◽  
Equal Treatment ◽  
Main Element ◽  
Legal Services ◽  
Spiritual Values ◽  
Theory Of Justice ◽  
The Law ◽  
The Republic ◽  
The One ◽  
The Right

The Unitary State of the Republic of Indonesia is a state of law. In accordance with Article 1 paragraph (3) of the 1945 Constitution (UUD 1945). As a state of law, Indonesia must guarantee the rights of its citizens to equality and guarantees of justice, including human rights. As stated by Salim, quoting Fredrich Julius Stahl, that the main element of a state based on law is the protection, as well as the recognition of Human Rights (HAM), and upholding dignified justice. Also in Article 28D paragraph (1) of the 1945 Constitution (UUD 1945) reads: "Everyone has the right to recognition, guarantees, protection, and fair legal certainty and equal treatment before the law". This means that the constitution itself has accommodated, the state guarantees the fulfillment of individual rights of citizens and is treated equally before the law. In a state of law, the law is used as the main shield in the movement of government, state, and society. As an effort to realize justice and the spiritual values ​​of humanity (fair and dignified), there is assistance in the form of legal services for every citizen. The existence of a dignified justice theory is a justice provided by a legal system that has spiritual and material dimensions. This theory is a theory of justice that is based on noble values ​​that are rooted in the second principle of Pancasila, "Just and Civilized Humanity" and is inspired by the first principle, "Belief in the One Supreme God". 

USLUGE ZAŠTITNIKA GRAĐANA U FUNKCIJI ZAŠTITE LjUDSKIH PRAVA

2021 ◽  
pp. 313-321
Author(s):  
Nikola Ivković ◽  
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Two Dimensions ◽  
Legal Analysis ◽  
Political Dimension ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Republic ◽  
Practical Experiences

The paper analyzes the role and services provided by the Protector of Citizens, specifically related to the legal order of the Republic of Serbia. A historical retrospective, and then through a comparative legal analysis of the origin and conception of this type of institutional protection of human rights in general, and through practical experiences, an insight into the importance of the existence of this state body is given. The legal system of the Republic of Serbia knows this type of services in the field of human rights protection relatively briefly. For that reason, legal history does not offer answers to the practical repercussions of the existence of this institution in our country. As a result, the paper points out two dimensions of action. The first is the practice of the Protector of Citizens during the protests that took place during the restrictions on human rights due to the COVID19 pandemic, and the second is the political dimension of the role in the legal system of the Republic of Serbia.

Tajemnica adwokacka w świetle orzecznictwa Europejskiego Trybunału Praw Człowieka

2020 ◽  
Vol 29 ◽  
pp. 367-376
Author(s):  
Kacper Milkowski ◽  
Keyword(s):  
Human Rights ◽  
Public Authorities ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedures ◽  
True Knowledge ◽  
The Right ◽  
Transfer Of Information

The attorney–client privilege is one of the fundamental elements that determines the actual assurance of the right to legal aid. It allows for the existence of trust between the client and the attorney, creating optimal conditions for the free and unrestricted transfer of information and comments between them. This, in turn, means that the attorney – equipped with full and true knowledge from the client, can most effectively assist in seeking protection of his rights and freedoms in court or before other public authorities. This means that attorney–client privilege increases the effectiveness of legal assistance and, consequently, access to court and enforcement of judicial procedures for the protection of all rights and freedoms. The article analyzes the significance of the attorney–client privilege in the context of the jurisprudence of the European Court of Human Rights. The ECtHR has repeatedly ruled on the protection of the attorney–client privilege as part of the human rights protection system. The Tribunal places the right to keep secret the information provided between the client and the lawyer in the sphere of guarantees arising from Article 6 (right to court) and Article 8 (right to protect communication) of the Convention for the Protection of Human Rights and Fundamental Freedoms.

scholarly journals Current challenges in the field of human rights protection during the covid-19 pandemic

2021 ◽  
pp. 61-64
Author(s):  
M.I. Saenko ◽  
V.V. Goloborodko ◽  
V.S. Pleskachova
Keyword(s):  
Human Rights ◽  
Public Transport ◽  
Emergency Situation ◽  
Case Law ◽  
European Convention ◽  
Public Buildings ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Right

In the articles on the problems of quarantine restrictions during the coronavirus pandemic, ambiguities are identified against epidemiological measures in the legislation of Ukraine. Emphasis is also placed on the violation of international acts ratified by Ukraine and the inconsistency of norms in national and international law. The normative legal acts of Ukraine are considered, which propose to allow restriction of certain rights and freedoms of man and citizen. The fundamental aspects of the right to protection from pressure on a person, enshrined in the European Convention on Human Rights during an emergency, have been identified. The key cases that provide an opportunity to derogate from an emergency situation under Article 15 of the European Convention on Human Rights are listed. Emphasis is placed on the ambiguity of the wording of the terms «public buildings», «public transport» in terms of violation of the rules on human quarantine, sanitary and hygienic, sanitary and anti-epidemic rules and regulations provided by the Law of Ukraine «On Protection of Infectious Diseases» and stay in public buildings, structures, public transport during quarantine without wearing personal protective equipment. An example from case law on the prescribed restrictions is given based on both interpretations of European and all-Ukrainian law. It was emphasized that the main act, which has the highest legal force on the territory of Ukraine, was violated in terms of freedom of movement, the right to hold rallies, the right to education and work. The normative legal act concerning restrictions within Ukraine in connection with the pandemic was analyzed, namely the Resolution of the Cabinet of Ministers of March 11, 2020 №211 “On prevention of the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV- 2 ”, as well as international experience in the protection of human rights during the COVID-19 pandemic.

scholarly journals KONSTITUSIONALITAS TANGGUNG JAWAB NEGARA DALAM MELINDUNGI PEMBELA HAK ASASI MANUSIA

2021 ◽  
Vol 6 (1) ◽  
pp. 63
Author(s):  
Adi Purnomo Santoso ◽  
Dina Liliyana
Keyword(s):  
Human Rights ◽  
State Government ◽  
Research Method ◽  
The State ◽  
Constitutional Democracy ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Environmental Human Rights ◽  
The Republic

<p><em>After the amendment of 1999-2002, the Constitution of the Republic of Indonesia 1945 (UUD NRI 1945) as the constitution has contained material or substance more complete to the protection of human rights (human rights) than before the amendment. This is however a commitment of the state to qualify the existence of Indonesia as a state of Pancasila law that embraces constitutional democracy. In the epicentre of human rights protection, including how the state's responsibility in protecting human rights defenders. However, in contrast to what is regulated in the text of the constitution, in practice as revealed in the report of the Institute for Public Studies and Advocacy (ELSAM) noted that during 2019, there have been 27 cases of violence against environmental defenders with the spread of cases reaching 14 provinces and 24 districts and resulted in 127 individuals and 50 groups of Environmental Human Rights Defenders being victimized. This study aims to describe and review how the responsibility of the state in protecting human rights defenders constitutionally. The research method used is normative research with qualitative analysis approach, where data collection is done through literature studies. The result of this research is that Indonesia as the state of Pancasila law has constitutionally mandated the state (government) to specifically protect human rights defenders. By protecting human rights defenders, the state is not only implementing the constitution as the substance of living law, but also as an effort to promote universal human dignity and dignity.</em></p>

scholarly journals Procedure for applying to the European Court of Human Rights

2021 ◽  
pp. 37-45
Author(s):  
Alexandru Sosna ◽  
◽  
Vadim Colceanov ◽  
Keyword(s):  
Human Rights ◽  
The Other ◽  
European Convention ◽  
Reasonable Time ◽  
Human Rights Protection ◽  
Republic Of Moldova ◽  
Rights Protection ◽  
European Court ◽  
The Republic ◽  
The One

In this article, the authors explore the theoretical and practical aspects of the procedure for addressing the European Court of Human Rights. Many citizens of the Republic of Moldova apply to the European Court of Human Rights for the protection of violated rights. For several years and as a result of various factors, the Court has been overwhelmed by the number of individual applications. However, the vast majority of these applications (over 95%) are rejected, without being examined on the merits, because they did not meet one of the admissibility criteria provided by the European Convention on Human Rights. This situation creates a double frustration. On the one hand, having the obligation to respond to each request, the Court does not have the opportunity to focus, within a reasonable time, on cases that require a substantive examination, and this is of no real use to litigants. On the other hand, the actions of tens of thousands of applicants are rejected without appeal, often after years of waiting. The proposals of the authors, who must increase the guarantees of human rights protection, are very important.

Regional Human Rights

2021 ◽  
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
Protective Mechanisms ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Systems ◽  
Protection Of Human Rights ◽  
International Human ◽  
Local Languages ◽  
Specific Country

Regional human rights mechanism are now in place covering nearly all five continents with the notable exception of Australia. Regional and international human rights protection are not meant to thwart each other. On the contrary, the regional protection of human rights is intended to back up and strengthen the international one by translating human rights into local languages and supporting them with additional protective mechanisms like commissions and courts that enforce regional human rights documents. In this volume, five experts from various continents will introduce regional human rights protection systems in Europe, Africa, Asia, Latin America and Australia providing an overview of the regional protections vis-à-vis the international one and then contextualising it in specific country context.

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.

scholarly journals RELEVANSI HUKUM DAN HAK ASASI MANUSIA DENGAN AGENDA REFORMASI: DIMENSI NASIONAL DAN INTERNASIONAL

2020 ◽  
Vol 5 (2) ◽  
pp. 350
Author(s):  
Ismail Marzuki ◽  
Faridy Faridy
Keyword(s):  
Human Rights ◽  
Social Interactions ◽  
Social Order ◽  
Reform Agenda ◽  
Legal Rules ◽  
Recognition Respect ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Difference ◽  
The One

In life, humans certainly cannot be separated from their social interactions with others. Friction between individuals or between nations is something that is inevitable. That is because the understanding of the legal system and culture of a different society. The difference in opinion certainly needs to be harmonized by not locking up the meeting room of everyone's expression. From here, the existence of legal rules/norms on the one hand becomes important in people's lives. On the other hand, the recognition, respect and protection of human rights are also important to be accommodated. Therefore, this article examines the law as a means of maintaining social order, and human rights as a set of rights that describe the existence of human freedom in expressing their actions, and how relevant they are to the reform agenda, namely enforcing the law against violators of human rights seriously, both in national and international.

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