scholarly journals CIVIL SOCIETY AND STATE INTERACTION: SOME PREREQUISITES FOR EFFICIENCY

2021 ◽  
pp. 92-98
Author(s):  
N. Onishchenko
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Effective Interaction ◽  
The State ◽  
State Interaction ◽  
Protection Of Human Rights

the article is devoted to the study of the problems of ensuring the effectiveness of interaction between civil society and the state. The multifaceted nature of theoretical and practical issues, on the solution of which the effective interaction of civil society and the state depends, is noted. It is concluded that one of the most important prerequisites for ensuring effective interaction between civil society and the state is the institution of constitutional control over the provision and protection of human rights and freedoms, which includes several components.

scholarly journals The Legal Framework for the Promotion and Protection of Human Rights in Cameroon by Non-Governmental Organisations

2021 ◽  
Vol 24 (1) ◽  
pp. 29-45
Author(s):  
Alvine Longla Boma
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Framework ◽  
The State ◽  
African Countries ◽  
Public Authorities ◽  
The Public ◽  
Civil Society Organisations ◽  
Protection Of Human Rights ◽  
The Right

Civil Society organisations play key roles in African countries. This is not an exception in the Cameroonian dispensation. Indeed, the existence and operation of civil societies in this jurisdiction is legitimated by a 1990 law allowing the free formation of associations. Even though the state has the primary obligation to promote and protect human rights, there also exists a plethora of associations with the same interest. This paper is motivated by the state’s wanton failure in ensuring the enjoyment and fulfilment of the right. For one thing, the state has maintained a stronghold on the Civil Society through legislation which gives public authorities a leverage over human rights defenders. Moreover, an analysis of existing legal and institutional frameworks available to allow human rights non-governmental organisations thrive, leaves much to be desired. Findings reveal that though there are adequate laws and institutions which ensure the creation and functioning of Civil Society organisations in Cameroon, there are also contradictory laws which give the public authority an edge over these organisations and allow them to sanction the activities of some human rights defenders under the guise of maintaining public order. We argue that there should be adequate protection offered to human rights defenders as well as the relaxation of laws permitting public authorities to illegally sanction the activities of relevant non-governmental organisations.

scholarly journals Evolution of constitutional and legal regulation of human right in Ukraine in the context of development of political systems

2020 ◽  
Vol 4 (92) ◽  
pp. 54-62
Author(s):  
І. Є. Словська
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Social Space ◽  
Legal Regulation ◽  
The State ◽  
Annual Reports ◽  
Individual Rights ◽  
Political Systems ◽  
Public Control ◽  
Protection Of Human Rights

The article examines the evolution of the constitutional and legal regulation of human rights in Ukraine in the context of the development of political systems - from the Marxist-Leninist type to the free European one. It is emphasized that, despite the positivist position on the interpretation of human rights, the ideologues of the modern state interpret it and law, as well as other social phenomena, through the prism of new idealistic concepts. In their opinion, the legal act synthesizes the state will, which is reflected in the legal norm and is obligatory for the competent body applying this norm. Subjective right of a person is interpreted as a measure of possible behavior, devoid of class features. It is emphasized that the Constitution of Ukraine declares the highest social value of a person for his life and health, honor and dignity, inviolability and security. It is stressed that the establishment and protection of human rights and freedoms is the main duty of the state. Thus, according to the constitutional norms, the state is not a passive observer of the realization of the rights and freedoms of citizens, but an active participant in their protection. The existence of state control over the observance and protection of individual rights and freedoms (activities of the state apparatus in the field of protection of rights) and public (control over the redistribution of social space between the state and civil society, coverage of problems between the state and citizens; control over the responsibility of the constitutional state before civil society) is examined. Emphasis is placed on the unity between state and public control over the implementation of social tasks, the effectiveness of social policy and, consequently, the effective protection of the rights, freedoms and legitimate interests of the individual. It is stressed that the shortcomings of law enforcement practice, insufficient protection of individual rights by the state arise for a number of objective reasons.The annual reports of the Verkhovna Rada of Ukraine Commissioner for Human Rights on the observance and protection of the human rights and freedoms of citizens of Ukraine are based on these phenomena. The documents show shortcomings in the protection of all categories of rights and freedoms by public authorities. The author emphasizes that an important factor in the effective functioning of the rule of law is the filling of state-power relations with real legal mechanisms. Real protection of human rights and freedoms is possible if all levels of public power are involved in improving the constitutional order. The number of reforms should be combined with their quality content.

DEFINITION OF THE PUBLIC SECURITY AND ORDERLINESS ENSURING MECHANISM IN UKRAINE

2018 ◽  
Vol 1 (11) ◽  
pp. 155-163
Author(s):  
Marina Aleksandrovna Kalievskaya
Keyword(s):  
Human Rights ◽  
Development Strategy ◽  
State Policy ◽  
The State ◽  
Point Of View ◽  
Public Security ◽  
National Priority ◽  
Institu Tions ◽  
Protection Of Human Rights ◽  
Definition Of

In this article, a model of the mechanism of ensuring public security and orderliness in accordance with the principles and tasks of the relevant institu- tions in public administration, taking into account resources, technologies, mea- sures for the state policy implementation in the spheres of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order. It was found that ensuring public security and order in Ukraine is a mechanism for the implementation of national goals of state policy in the areas of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, by defining tasks according to certain principles. The idea is that if one considers the state policy in the spheres of ensuring the protec- tion of human rights and freedoms, the interests of society and the state, combat- ing crime, maintaining public security and order as a national priority (purpose, task), then the mechanism of ensuring public security and order in Ukraine needs coordination with the state development strategy. From the point of view of the implementation of the state policy in the areas of ensuring the protection of hu- man rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, the mechanism of ensuring public security and order in Ukraine can be considered as the main system providing intercon- nection such elements as institutions (implementing the specified state policy), resources (human resources, logistical, natural and so on, with the help of which it is possible to implement state policy), technologies (skills, knowledge, means and so on the implementation of state policy), measures (action plans), as well as external (internal) threats.

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

scholarly journals Legal doctrine, legal science and protection of human rights (efficiency ratio)

2020 ◽  
Vol 11 (11) ◽  
pp. 11-15
Author(s):  
Onischenko N.
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Current State ◽  
Legal Science ◽  
Democratic State ◽  
Protection Of Human Rights ◽  
Spatio Temporal

The current state of Ukrainian society requires the scientific community to find answers to the general social impulses needed for reform strategies: from unconstructive attempts to replace the state with civil society to efforts aimed at their balanced interaction. It is the principle of social and political balance in the relationship between the rule of law and civil society should be the basis for correcting and correcting the unstable economic situation, overcoming acute social conflicts, establishing the rule of law, building a democratic state. It should be noted that it is quite clear that sometimes the implementation of a right requires at least not one, but clearly several opportunities, such as: economic, educational, social, gender, etc., existing in the relevant spatio-temporal continuum. Moreover, there is an indisputable thesis that there are no secondary or non-first-class or type of human rights, so every unrealized, not realized in time or not fully realized right, without a doubt, is based on the lack of, first of all, the corresponding real opportunities. It is also clear that the implementation of a certain right depends, for example, on the relevant regulations. we note that state-building processes, their dynamics, progressive trends depend on many factors. In this context, the interconnectedness of the development of a democratic, legal, social, European state and the formation of a mature, active, civil society was considered. Keywords: legal science, legal doctrine, human rights, rights and opportunities, legal development.

scholarly journals The state liability for damages caused by its judicial authorities

2003 ◽  
Vol 75 (9-10) ◽  
pp. 409-422
Author(s):  
Nikola Mihailović
Keyword(s):  
Human Rights ◽  
The State ◽  
Point Of View ◽  
Council Of Europe ◽  
Member States ◽  
Legal Provisions ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
State Liability ◽  
Domestic Law

A breach of any right or freedom under the Convention for the Protection of Human Rights and Fundamental Freedoms, leads to but is not limited to liability of the State for damages. That liability is much stricter than the State liability for damage provided according to the domestic law provisions currently in force. The current provisions on State liability for the work of its judiciary do not include the damage caused by improper interpretation and application of the relevant legal provisions. In contrast, the liability of the Council of Europe Member States for the damage caused by their judicial and other authorities, through the breach of the human rights and fundamental freedoms guaranteed by the Convention includes their liability for improper interpretation and application of the relevant provisions of the Convention. That liability is so strict that it in fact comes equal to no-fault liability, from the point of view of its legal consequences. This is so, although it is regulated only as a presumed liability for which there are no grounds of limitation. As a result, two systems of liability for damage caused by judicial authorities will exist in our State Union and in its member states, after the ratification of the aforementioned Convention: liability pursuant to the domestic legal provisions and liability pursuant to the Convention. For that reason, a reform of the provisions on liability is necessary, which will lead to tightening of liability for damage caused by judiciary pursuant to the domestic rules. How to achieve this is a separate issue, which will not be discussed on this occasion.

DIRECTIONS OF IMPROVEMENT OF MECHANISMS OF INFLUENCE OF CIVIL SOCIETY ON STATE REGULATION OF LAW ENFORCEMENT ACTIVITY

2017 ◽  
Author(s):  
Irina Zhukova ◽  
◽  
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
State Regulation ◽  
The State ◽  
Maximum Efficiency ◽  
Law Enforcement Agencies ◽  
Protection Of Human Rights ◽  
Key Aspects ◽  
Enforcement Activity ◽  
Regulation Of Law

The role and significance of the influence of civil society on the processes of state regulation of law enforcement activities are revealed. The key aspects of state regulation of law enforcement activity under the condition of active influence of civil society representatives on it are revealed. The main factors of the influence of civil society on the activity of law enforcement bodies, which play an important role in the processes of ensuring the proper functioning of the system of state regulation of law enforcement activities in Ukraine, are substantiated. It is substantiated that in order to effectively perform the tasks assigned to law enforcement agencies, these structures interact with representatives of the public sector. It is proved that interaction with civil society of the law enforcement system is an important aspect to increase the effectiveness of these bodies in ensuring the protection of human rights and freedoms, public order and security, the interests of society and the state, as well as combating crime. Conclusions are formed regarding the content of new approaches to the organization of law enforcement agencies' work with the population, public organizations and local self-government bodies in the field of law enforcement. The complex of the existing administrative measures for achievement of the maximum efficiency of functioning of system of the state regulation of law enforcement activity in a foreshortening of influence of representatives of civil society on it is considered. Current trends and priority areas for improving the mechanisms of civil society influence on state regulation of law enforcement, in particular, the administrative and legal direction on a partnership basis, are outlined.

THE ROLE OF THE JUDICIARY IN THE CONSTITUTIONAL AND LEGAL MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS AND FREEDOMS

2018 ◽  
Author(s):  
Mariana Khmyz ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal Aspect ◽  
Legal Protection ◽  
The State ◽  
Time Dynamic ◽  
Protection Of Human Rights ◽  
The Law ◽  
Judicial Protection

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.

“Put Yourself in Her Shoes”

2017 ◽  
Author(s):  
Jennifer N. Fish
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Domestic Workers ◽  
The State ◽  
Cross Sectional ◽  
Government Influence ◽  
Opening Up

This chapter looks at the role of NGOs, global and national unions, and feminist government leaders in the movement to support domestic workers’ global rights. Here, the merger of civil society activism, labor struggles, and government influence reveals how a cross-sectional range of players served in pivotal roles as allies in the determination of policy protections. Relations between domestic workers and the state are analyzed to show the potential for opening up new spaces of worker activism. The discussion of feminist government leaders, or femocrats, reveals how the unexpected alliance of women in positions of power and women in some of the world’s most marginalized positions resulted in a synergy that shook a staid, bureaucratic institution to its core, and enabled its reorientation to more effectively address issues of global human rights.

The Human Rights Covenants and Canadian Law

1978 ◽  
Vol 15 ◽  
pp. 42-83 ◽  
Author(s):  
Hugo Fischer
Keyword(s):  
Human Rights ◽  
The State ◽  
Western Civilization ◽  
Divine Command ◽  
Canadian Law ◽  
Protection Of Human Rights

The philosophy postulating the protection of human rights is based on values that are fundamental to western civilization. These values found expression in Jerusalem and in Athens. The divine command to love one’s neighbour as one loves oneself and to obey God’s laws is the basis of the sovereign’s duty to respect these “unwritten and immutable divine laws” of which Sophocles speaks. It took many centuries before these rights, “droits naturels et imprescriptible de l’homme,” were recognized by the state to the extent that their breach was supposed to entitle the citizens to revolt.

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