scholarly journals Ideas of Human Rights and Freedoms and Civic Consciousness in Legal Ideals of Russian Liberals

2019 ◽  
pp. 196-206
Author(s):  
Svetlana Glushkova
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Vulnerable Groups ◽  
Civic Consciousness ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Past ◽  
Legal Thought ◽  
Relevant Today ◽  
Socially Vulnerable Groups

The paper addresses the ideas of human rights, civic consciousness, and various options of modeling the legal ideal by the leading representatives of Russian political and legal thought of the second half of the 19th – early 20th century. The research is primarily aimed at identifying priorities and value fundamentals of Russian liberals as the ideas of human rights and freedoms, rule-of-law state, civic consciousness and civil society developed within various models of legal ideals that can still be relevant today. A conclusion is made that researching Russian liberals’ political and legal legacy is relevant nowadays; many of their ideas were ahead of their time; a number of researchers were working to anticipate their time, era, and culture, while many ideas and thinkers were undeservedly forgotten. Any people’s culture of memory, meanwhile, is established based on the whole intellectual heritage of the past (without ideological limitations or repressive actions), academic works and humanities practices of classics of social and natural sciences. Many ideas and approaches of classics of the Russian liberal political and legal thought should be used nowadays to establish national strategies and programs on protecting the rights of socially vulnerable groups of population, a national platform for human rights protection, and a national educational program on human rights.

3. The United Nations

2019 ◽  
pp. 29-55
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Vulnerable Groups ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The United Nations ◽  
Nuremberg Trials ◽  
Early Influences

This chapter examines the work of the United Nations (UN) in the area of human rights. It discusses the evolution of human rights under the auspices of the UN as well as some of the early influences on human rights. The influence of the Nuremberg trials, the abolition of slavery, and the protection of vulnerable groups on the development of human rights protection law is discussed. Relevant institutions and bodies working under the auspices of the United Nations are discussed. The chapter also explains the functions and responsibilities of these bodies, and highlights the financial and personnel constraints that negatively affect the performance of their duties.

Assessing Human Rights in Russia: Not to Miss the Forest for the Trees A Response to Preclik, Schönfeld and Hallinan

2012 ◽  
Vol 37 (2-3) ◽  
pp. 349-356 ◽  
Author(s):  
Vladislav Starzhenetskii
Keyword(s):  
Human Rights ◽  
Soviet Union ◽  
Legal System ◽  
Transition Period ◽  
Russian Society ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Past ◽  
The Soviet Union ◽  
Implementation Of Standards

AbstractLooking fourteen years into the past, Russia has made enormous progress in reforming its legal system in order to ensure human-rights protection under the Convention. This process of reform is still ongoing. The causes of the existing difficulties in the area of human-rights protection are better explained in terms of difficulties with implementation of standards in the Russian legal system rather than any antagonism between Russian and European human-rights attitudes. There are several groups of violations of the ECHR that need to be analyzed separately because of the different nature of the problems. Some of them reflect structural and practical problems of the Russian legal system immanent in a transition period of reforms and of the dismantling of old regulations and attitudes; others may be accounted for by the lack of proper (efficient, adequate and balanced) measures and solutions to address the numerous new challenges that Russian society is facing after the collapse of the Soviet Union. There are many examples that provide evidence that Russia is trying to amend its legal and political system to meet the requirements of the Convention.

scholarly journals Ombudsman Institute: Basic Models and Problems of Reception in Constitutional Law

2020 ◽  
Vol 9 (29) ◽  
pp. 273-281
Author(s):  
Oleksandr Batanov ◽  
Natalia Verlos ◽  
Olga Lotiuk ◽  
Olena Sinkevych
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Constitutional Law ◽  
Separation Of Powers ◽  
Classical System ◽  
Modern World ◽  
Persons With Disabilities ◽  
The Rule Of Law ◽  
Human Rights Protection ◽  
Rights Protection

In the search for optimal ways of improving the normative foundations and organizational-legal forms of human rights protection, the problem of institutional support of relevant processes is actualized. The protection of human rights is inherently linked to all public-power structures of the mechanism of state power and is possible only in the context of optimal implementation of the principles of the rule of law, separation of powers, democratic, social, rule of law. In Ukraine, in the context of constitutional modernization, the problem of improving the organizational-legal mechanism of human rights protection remains urgent. For this purpose, the Institute of the Ombudsman operates in Ukraine. Its implementation fully meets the tendencies existing in the modern democratic world and is a reaction to those conflicts and contradictions that exist in the field of human rights protection. Nevertheless, the social insecurity of certain sections of the population (children, pensioners, persons with disabilities, servicemen, migrants, internally displaced persons, ethnic minorities, persons belonging to the LGBTI community, entrepreneurs, patients and other categories of citizens) is an indicator of the relevance of the problem and the functioning of national human rights protection mechanisms, including the strengthening of the relevant oversight functions of the Ombudsman. The subject of the research is the problems of reception in the constitutional law of the basic models of organization of the Ombudsman Institute in the mechanism of functioning of the rule of law. The object of the study is the public relations that delve into the human rights protection process and the ombudsman's exclusivity in the relevant processes. The methodological basis of the study are general scientific methods, such as dialectical, comparative-legal, formal-legal, historical, and logical methods of cognition, as well as special and private-law methods. The history of development, the causes, the processes of institutionalization and constitution of the ombudsman services in the modern world, the permanent transformation of their functions and the differentiation of their specialization are evidence of the improvement of the classical system of separation of powers and the constitutional mechanism of its organization. It is argued that the functional isolation, independence, and organizational diversity of the control bodies, first of all, the Ombudsmen, is a testament to the formation of control power, the conceptual idea of which is the existence of a system of measures to ensure control over public authority.

Institution-Building and Human Rights Protection in Kosovo in the Light of UNMIK Legislation

2001 ◽  
Vol 70 (4) ◽  
pp. 461-488 ◽  
Author(s):  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Current System ◽  
Institution Building ◽  
Power Structures ◽  
The Rule Of Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Effective Remedy ◽  
Human Rights Standards

AbstractBy analyzing specific legislative and institutional aspects of UNMIK's administration of Kosovo, this article attempts to highlight the discrepancy between the nature of an international security presence and civilian administration (under Security Council peacekeeping mandate), and effective human rights remedies, as well as principles of democratic governance such as accountability, lawfulness and constitutionality. The `constitutional' aspects of the current system of governance in Kosovo are described and difficulties of creating an international administration, which seeks to gain a certain level of acceptance by the subjected population, are pointed out. The article explains how UNMIK went about establishing a Joint Interim Administrative Structure while dismantling parallel, illegitimate power structures. It further addresses the Constitutional Framework for Provisional Self-Governance and evaluates briefly its human rights-related aspects. Legislative issues and questions concerning the rule of law are discussed in another section, which deals with UNMIK's formal commitments to adhere to the highest level of internationally recognized human rights standards. Several important Regulations issued by the Special Representative of the Secretary General (SRSG) are analyzed. Consequently, the most significant structures and mechanisms for the protection, promotion and monitoring of human rights are shortly presented and put in context. The article raises several crucial questions concerning the access to effective remedy and the effectiveness of human rights institutions in an environment of legal uncertainty, the absence of the rule of law and the supremacy of international authority, which is beyond the reach of judicial control or review. It concludes that if effective human rights protection shall be the outcome of structures dedicated to human rights, these structures have to be constructed to offer real remedies, proper judicial procedures and legal clarity. The present nature of international peace missions (military and civilian) is not compatible with the requirements of a law-based administration according to the Rechtsstaat-model, which is arguably a prerequisite for effective human rights protection.

Globalization as a New Framework for Human Rights Protection

2017 ◽  
pp. 17-49
Author(s):  
Reannon Navaratnam ◽  
Isabelle Yeeun Lee
Keyword(s):  
Human Rights ◽  
Technological Advancement ◽  
Development Education ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Past ◽  
Protection Of Human Rights ◽  
Governmental Intervention ◽  
Media And Communication ◽  
New Framework

Human rights protection through globalisation embraces universality by promoting the protection of human rights regardless of human differences including culture, religion, race, language and nationality. In the past however, some nations have denied to accept the key concepts of international social development and the protection of human dignity, through actioning war crimes and governmental intervention on the rights of citizens. Further, Cultural differences and intolerance of these differences, has created conflict in attempting to afford human rights to all individuals of all nations. Globalisation through encompassing various forms in the areas of political globalisation, media and communication, legal development, education, technological advancement and economic development, allows for the development of human rights protection with the consideration of vital social factors. Thus, Globalisation as a new framework for human rights protection has the potential to implement a global standard for all, in an attempt to repair the inadequacies of the past.

scholarly journals The other side of the Article 21(3) coin: Human rights in the Rome Statute and the limits of Article 21(3)

2019 ◽  
Vol 32 (4) ◽  
pp. 837-850
Author(s):  
Emma Irving
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Central Place ◽  
Legal Framework ◽  
Criminal Court ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Past

AbstractThe drafters of the Rome Statute sought to accord human rights a central place within the legal framework of the International Criminal Court (ICC). This was done not only through numerous provisions on the rights of the accused, victims, and witnesses, but also through the inclusion of the overarching Article 21(3) of the Rome Statute. Article 21(3) Rome Statute requires that the interpretation and application of all ICC law be consistent with internationally recognized human rights. While this provision has been employed on numerous occasions to bolster human rights protection in the ICC legal framework, it is not without its limits. In a series of decisions over the past few years, ICC judges have placed limits on the protections that can be read into the ICC legal framework on the basis of Article 21(3). Beyond stating that the ICC ‘is not a human rights court’, the decisions in question articulate no clear justification for the limitations imposed on Article 21(3). The present article analyses these decisions and identifies the underlying rationale for the Court’s approach: the principle of speciality. However, the picture is further complicated by the judges’ willingness to overlook the principle of speciality when particularly serious violations of human rights are involved. This leaves the precise contours of human rights protection in the ICC legal framework undefined.

scholarly journals Does State Ownership Matter? Institutions' Effect on Foreign Direct Investment Revisited

2011 ◽  
Vol 13 (1) ◽  
pp. 1-31 ◽  
Author(s):  
Carl Henrik Knutsen ◽  
Asmund Rygh ◽  
Helge Hveem
Keyword(s):  
Human Rights ◽  
Foreign Direct Investment ◽  
Rule Of Law ◽  
Host Country ◽  
Direct Investment ◽  
State Ownership ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Property Rights Protection ◽  
High Level

This paper investigates whether Foreign Direct Investment (FDI) decisions are influenced by state ownership. The literature has established that host country institutions affect FDI allocation, but there is no systematic evidence how state ownership affects such relationships. However, we expect that state ownership systematically affects the relation between host country institutions and FDI. Theoretical arguments indicate that state-owned enterprises (SOEs) should invest relatively more than privately owned enterprises (POEs) in countries with poor rule of law, poor property rights protection and a high degree of corruption. However, SOEs are expected to invest relatively less than POEs in dictatorships and countries with poor human rights protection. We test these hypotheses, using a new dataset on Norwegian firms' FDI from 1998 to 2006. The empirical analysis suggests that SOEs invest relatively more than POEs in countries with high level of corruption and weak rule of law. Indeed, SOEs' FDI appears not to be reduced by such institutional risk factors. However, there is no solid evidence indicating that SOEs invest more in democracies and countries with better human rights protection.

scholarly journals PEROLEHAN KEMBALI STATUS KEWARGANEGARAAN YANG HILANG BERDASARKAN UNDANG-UNDANG KEWARGANEGARAAN

Yuridika ◽  
2014 ◽  
Vol 29 (3) ◽  
Author(s):  
Emmy Wulandari
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Fundamental Rights ◽  
Reciprocal Relations ◽  
Citizenship Status ◽  
Administrative Practices ◽  
The Rule Of Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Democratic State

In the democratic state and the rule of law, human rights protection is an essential principle. The fact that citizenship status is fundamental rights put consequences that the states and citizen has reciprocal relations which means states needs their citizens as well as citizens need states. States should ensure that no one in the states is left stateless. In order to avoid stateless, the State needs to be aware and anticipative which is reflected through legislation and administrative practices. In the Heidy Mariska case, the administrates neglected article 17c Law No. 62 Year 1958 on Citizenship which then results in diffusion of Heidy Mariska citizenship status so that she was stateless in the country she was born in. This paper analyse the implementation of the law on citizenship whether or not it reflects protection to citizenship status and anticipation of statelessness. Keywords : citizenship, human rights, recovery.

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.

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