scholarly journals Importance (a Mechanism) of Constitutionally Stipulated Basic Human Rights and Personal Data Protection in Enforcement Proceeding Process

Law and World ◽  
2021 ◽  
Vol 7 (4) ◽  
pp. 152-165
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Special Importance ◽  
Direct Proportion ◽  
Human Rights Protection ◽  
Personal Data Protection ◽  
Rights Protection ◽  
Protection Mechanisms ◽  
Executive System ◽  
Proportionality Principle

In a modern juridical state, the presence of a flexible and effective executive system has special importance, as not only the juridical act’s smooth functioning but also the country’s economic development and population’s social state is in direct proportion to the effectiveness of the mentioned system. Executive law term is often defined in doctrine as a law of constraint, power, as “enforcement” itself means using force and involvement in a person's rights (by executive party and/or 3rd party) such as ownership, freedom, inviolability of personal life, etc. Therefore, particular significance is given to protection of party interests and their basic rights during executive proceedings to avoid unallowable and disproportional involvement in human rights. Precisely the mentioned matters condition the topicality of the article. Besides this, in a world full of challenges and threats, it is most important to defend personal data in any process to avoid its usage for unnecessary aims. In the enforcement process, out of proceeding means personal data is certainly processed. As in any law field, in the executive law proportionality principle has the vastest load, so protection of this principle in the mentioned process is significant. In the article, faults connected to human rights protection mechanisms in doctrine and enforcement process, and authorial ways of resolving them are presented.

Inter-American Commission on Human Rights (IACHR) and Inter-American Court of Human Rights (IACtHR)

2021 ◽  
Keyword(s):  
Human Rights ◽  
Great Majority ◽  
Legal Framework ◽  
Special Importance ◽  
Human Rights Protection ◽  
American System ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
To Receive ◽  
Domestic Law

The Inter-American System for the Protection of Human Rights is a regional mechanism that has had a significant impact on the institutional framework of the State Parties to the Organization of American States (OAS), contributing to the elimination of structural human rights issues in the region. With a population of around 900 million people, the thirty-five States that comprise the OAS have accepted, to different extents, the supervising competence of its main human rights protection bodies: the Inter-American Commission on Human Rights (IACHR) and the Inter-American Court of Human Rights (IACtHR). This research bibliography on the Inter-American System is organized in six sections. The first is a general overview that describes the regional legal framework, the different research approaches that doctrine has developed to study it, and the factual and statistical resources that are of special importance in such research. The second section introduces the regional protection bodies and their interaction within the Inter-American System. The third and fourth sections are dedicated to the particular analysis of each body. It begins with the Inter-American Commission, with a description of its two most relevant foci, namely, its human rights promotion tasks and its competence to receive individual petitions. It then moves to the Inter-American Court of Human Rights and engages with the literature about its contentious jurisdiction—where reparations, supervision of judgments, and compliance to its judgments—along with its advisory and precautionary jurisdiction will be analyzed in greater depth. Finally, the fifth and sixth sections are dedicated to two topics of special analytical relevance and current importance: the dialogue between regional protection systems in the search for answers to common problems and finally the notion of control of conventionality as a particular and groundbreaking legal development of the system and its development within the State’s domestic law. The selected works in this bibliography are mostly available in English and Spanish (judgments of the IACtHR and reports of the Commission may be accessed in both languages) and the great majority of these texts are available without cost, digitally, online and without subscription. This research bibliography, accordingly, aims at avoiding obstacles to open research into this topic from the Global South and other latitudes.

Part VII Assessments, Ch.37 Compliance

2013 ◽  
Author(s):  
Gori Gisella
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Conceptual Tool ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Mechanisms ◽  
International Human

This article examines the compliance of States with international human rights law. It explains the distinction between judicial and non-judicial compliance mechanisms, focusing on the United Nations (UN) in the context of non-judicial mechanisms and the Council of Europe and the Organization of American States (OAS) in the context of judicial mechanisms. It highlights the central role of the principle of subsidiarity in all international mechanisms for human rights protection and explains that this principle provides a conceptual tool for understanding the relation between the role of states in human rights protection and the role of the international human rights protection mechanisms that states create at the global and regional levels.

scholarly journals Improvement of mechanisms of human rights protection through the prism of modern. law-making policy in Ukraine

2020 ◽  
Vol 11 (11) ◽  
pp. 265-269
Author(s):  
Shapran Y. V.
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Life ◽  
National Level ◽  
Legal Regulation ◽  
Human Rights Protection ◽  
Information Measures ◽  
Rights Protection ◽  
Protection Mechanisms ◽  
Law Making

The paper reveals the relevance of scientific knowledge of theoretical, methodological and practical aspects of improving the mechanisms of human rights protection through the prism of contemporary law-making policy of Ukraine. The scientific views of scientists concerning the shortcomings of modern lawmaking in Ukraine, as well as the implementation of the provisions of modern lawmaking policy are generalized. The practical shortcomings of implementation of the provisions of law-making policy in Ukraine were emphasized. It is substantiated that law-making policy forms a doctrinal definite, conceptual basis for improving the legal regulation of relations in any sphere of human life, including in the field of human rights protection. It is noted that a key feature of lawmaking, which distinguishes it from other types of legal activity, is its systemic nature, which is associated with a continuous long process of adopting the rules of law, their current change and updating. The necessity to strengthen the effectiveness of human rights protection mechanisms in Ukraine has been proved, which is conditioned by the existing problems in the human rights protection mechanism itself, and is also confirmed by statistical observations conducted in Ukrainian society. Based on the analysis of the shortcomings of the functioning of human rights protection mechanisms in Ukraine, the ways of their improvement, which will correspond to the law-making policy of Ukraine, have been identified and substantiated. Among the ways to improve the human rights protection mechanisms that will be in line with Ukraine's law-making policy are the following, which are of paramount importance in the current conditions of society and state development in Ukraine: 1) enhancing the role and importance of the activities of the European Court of Human Rights; 2) strengthening the mechanisms of human rights protection at the national (national) level in accordance with the requirements of international law; 3) to develop and implement a system of information measures in order to increase the educational (information) level of people in the sphere of their rights and the mechanisms of their protection and guarantee; 4) to improve the procedure of enforcement of decisions of national courts of Ukraine and decisions of international courts in Ukraine; 5) to strengthen the staffing of the state authorities and local self-government bodies in terms of improving the professional level of human rights personnel and their protection, including the introduction of competitive selection of civil servants in the conditions of passing the examination to determine the level of knowledge of the provisions of the legislation of Ukraine and international law in the field human rights, etc. Keywords: law-formation, law-making, law-making policy, human rights, human rights protection mechanisms.

scholarly journals Protection of the Rights of the Victims of Human Trafficking: Has Malaysia done Enough?

2019 ◽  
Vol 3 (2) ◽  
pp. 300 ◽  
Author(s):  
Renuka Jeyabalan ◽  
Rohaida Nordin
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Trafficking ◽  
Legal Framework ◽  
Trafficking Victim ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Mechanisms ◽  
Women And Children ◽  
Policy Measures

Human trafficking is a grave threat to human rights. Statistic shows that yearly almost thousands of men, women and children grieve in the hand of traffickers as human trafficking victim, in their own countries or abroad. Thus, there is a need for Malaysia to take the necessary step to combat human trafficking and at the same time to provide effective protection for victims of trafficking as enacted under the Malaysian Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM 2007). The first part of this research examines the international law standards on human rights protection of the victim of human trafficking while the second part analyses any legal and policy measures adopted within the Malaysian context. In this analysis, attention will be made on numerous protection mechanisms such as provision for a shelter, or a place of refuge, appointment of Protection Officers, medical treatment, right to work and safe repatriation. This research further examines and assesses the adequacy and effectiveness of the current measures and laws especially in terms of their enforcement by the relevant enforcement bodies. Analysis on the existing legal framework within other ASEAN States, including Indonesia, is also done so as to provide relevant best practices for consideration and adoption by the Malaysian government. In conclusion, this research provides a number of solutions to address the problems and challenges within the existing legal framework in Malaysia with the ultimate aim at providing better protection for the victims of human trafficking.

scholarly journals Combating discrimination through Big Data – future of equality?

2020 ◽  
pp. 120-131
Author(s):  
Sandra Sakolciová ◽  
Adam Máčaj
Keyword(s):  
Human Rights ◽  
Big Data ◽  
Negative Impact ◽  
Personal Data ◽  
The Other ◽  
Data Utilization ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Systems ◽  
The Eu

The paper aims firstly to assess the future of anti-discrimination measures and policies, above all through the lens of ethnic data utilization. The question posed is not only whether massive collection and usage of such data is viable in relation to its result, but also whether such ethnic data collection is an obligation incumbent upon state authorities, in international and European human rights protection systems in particular. On the other hand, this article aims to compare existence of such obligation with the existing standards on right to privacy and implications for this right stemming from such use of Big Data. The negative impact resulting from such obligation in this regard could weigh heavily on protection of personal data, currently one of the main concerns throughout Europe and the EU.

scholarly journals The Crucial Role of Human Rights NGOs in the Inter-American System

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 355-359
Author(s):  
Ximena Soley
Keyword(s):  
Human Rights ◽  
Civil Society Organizations ◽  
General Level ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Movement ◽  
Protection Mechanisms ◽  
The Face ◽  
History Of ◽  
Legal Strategies

Since the explosion of the human rights movement in the early 1970s, civil-society organizations have played a key role in the inter-American human rights system (IAS). In the era of dictatorships, they provided the information necessary for the Inter-American Commission to be able to act in the face of uncooperative states. When democracy returned to the region, these organizations grew in number, and their role within the IAS likewise expanded. In particular, a set of organizations that focused on legal strategies and the activation of regional human rights protection mechanisms cropped up. These organizations have, at a more abstract and general level, contributed to the juridification of human rights struggles and ultimately to the creation of a legal field. They have also largely set the agenda of the IAS, although the agenda-setting power has been limited to a small number of organizations that constitute the system's “repeat players.” In a manner befitting their systemic importance, these organizations have tried to make sure the organs of the IAS run smoothly, and to defend them when they come under attack. This essay explores the different roles that human rights NGOs have played in the history of the IAS and suggests that the strategy of increasing juridification that they have pursued since the region's return to democracy might have reached its limits.

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