scholarly journals Analysis of the main anti-corruption Institutions and identification of their strengths and weaknesses

2021 ◽  
pp. 153-160
Author(s):  
A. A. Satybaldin ◽  
М. М. Халитова
Keyword(s):  
Human Rights ◽  
Swot Analysis ◽  
Public Procurement ◽  
Digital Technologies ◽  
Public Organizations ◽  
Government Agencies ◽  
Patriotic Education ◽  
Protection Of Human Rights ◽  
Selection Of

This article examines the importance of anti-corruption institutions, their main activities and an analysis of the strengths and weaknesses of anti-corruption institutions in Kazakhstan. Within the confines of the study, an analysis was carried out by types of anti-corruption institutions and marking of their strengths and weaknesses. The work also highlights the importance of the role of the introduction of the latest digital technologies in the selection of personnel for government agencies and systems of objective and transparent incentives. Noted the indisputable value of the role of anti-corruption institutions in the financial sphere of public procurement, the effectiveness of state finances, as well as in the formation of legislative consciousness of society. The purpose of this study is to analyze the weaknesses and strengths of Kazakhstan's anti-corruption institutions, which would allow them to form a typology based on various criteria. The methodology of the research is based on the discussion and identification of the main issues arising in this area. SWOT analysis of the activities of anti-corruption institutions in Kazakhstan allows us to identify the structure and cause-and-effect problems of anti-corruption activities in Kazakhstan. Considered the methods and mechanisms of systematic and comprehensive fight against corruption, which is one of the priorities of the current government of Kazakhstan, as well as forms of implementation of anti-corruption work through public organizations, tracking the dynamics of the fight against corruption. Also considered the work on the protection of human rights through a democratic society and spiritual, moral and patriotic education among students and youth of our country.

The Kenya National Commission on Human Rights under the 2010 Constitutional Dispensation

2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
National Commission ◽  
Bill Of Rights ◽  
Institutional Perspective ◽  
Post Conflict ◽  
National Human ◽  
The Status ◽  
Protection Of Human Rights

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.

Rola uzasadnienia sądowego w realizacji prawa do rzetelnego procesu sądowoadministracyjnego– standard strasburski

2014 ◽  
pp. 13-31
Author(s):  
Katarzyna Grzelak-Bach
Keyword(s):  
Human Rights ◽  
Legal Reasoning ◽  
Case Law ◽  
Legal Order ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Proceedings ◽  
Court Proceedings ◽  
Basic Level

Following a brief introduction of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the author begins by analyzing case law from the European Court of Human Rights regarding the legal reasoning in judicial proceedings. The main premise of this paper is to present a formula for preparing legal reasoning in administrative court proceedings. The author draws attention to the role of judges who, in the process of adjudication, should apply creative interpretation of the rules of law, when they see errors or omissions in legislative provisions, or blatant violations of the European legal order. The conclusion of those deliberations finds, that the process of tailoring the approach to meet Strasbourg’s requirements should, on a basic level, be at the discretion of judges rather than the legislators.

An International Relations Perspective on the Reform Needs of the Human Rights Council

2021 ◽  
Vol 62 (1) ◽  
pp. 43-80
Author(s):  
Wolfgang S. Heinz
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Structure And Dynamics ◽  
Human Rights Council ◽  
Local Actors ◽  
Protection Of Human Rights ◽  
The Subject

Abstract: This article approaches the matter of institutional reform of the United Nations Human Rights Council from an international relations perspective. A well-known tension exists between State representatives acting for their governments in international organisations, but whose decisions are presented as UN policies. The latter should be guided primarily by the UN Charter and public international law. However, in reality, different worldviews and foreign policy considerations play a more significant role. In a comprehensive stock-take, the article looks at four major dimensions of the Council, starting with structure and dynamics and major trends, followed by its country and thematic activities, and the role of key actors. Council reform proposals from both States and civil society are explored. Whilst the intergovernmental body remains the most important authority responsible for the protection of human rights in the international sphere, it has also been the subject of considerable criticism. Although it has made considerable progress towards enlarging its coverage and taking on more challenging human rights crises, among some of its major weaknesses are the election of human rights-unfriendly countries into its ranks, the failure to apply stronger sanctions on large, politically influential countries in the South and North, and lack of influence on human rights crises and chronic human rights problems in certain countries. Whilst various reform proposals have emerged from States and NGOs, other more far reaching propositions are under sometimes difficult negotiations. In the mid- to long-term, the UN human rights machinery can only have a stronger and more lasting impact if support from national/local actors and coalitions in politics and society can be strengthened.

The role of international human rights organisations in the context of the conflict in Eastern Ukraine

2021 ◽  
Vol 28 (1) ◽  
pp. 24-31
Author(s):  
Nina I. Karpachova
Keyword(s):  
Human Rights ◽  
Current Status ◽  
Human Rights Violations ◽  
International Human Rights ◽  
Quantitative And Qualitative Research ◽  
Human Rights Organizations ◽  
High Commissioner ◽  
Protection Of Human Rights ◽  
International Human

The task of this paper is to study the role of international human rights organizations in response to the conflict taking place in eastern Ukraine. The study is based on recent reports from the Office of the UN High Commissioner for Human Rights and the OSCE on Ukraine. The relevance of the stated topic is determined by the situation with human rights violations in the armed conflict in Ukraine and the significant role of international human rights organizations, making active efforts to resolve it. The purpose of this study is to determine the main aspects of the role that international organizations play in resolving this range of issues. This will help to identify potential opportunities to tackle the problem with human rights violations in the Ukrainian territories. The study combines quantitative and qualitative research of the entire spectrum of issues brought into the subject. The main results obtained are: analysis of the role and place of international human rights organizations in assessing the situation with the conflict in the Ukrainian territories and obtaining statistical information on the current status of human rights violations in these territories. The value of this paper lies in obtaining practical recommendations for finding ways to peacefully resolve the conflict in the East of Ukraine and implementing comprehensive measures to create conditions for the protection of human rights in this region

scholarly journals Corporate social responsibility and protection of workers’ human rights: the case of Germany

2020 ◽  
Vol 10 (2) ◽  
pp. 253-270
Author(s):  
Achim Seifert
Keyword(s):  
Human Rights ◽  
Supply Chain ◽  
Supply Chains ◽  
Public Procurement ◽  
Action Plan ◽  
German Law ◽  
Human Rights Violations ◽  
Current Debate ◽  
Recent Developments ◽  
Protection Of Human Rights

The following Article analyzes recent developments of German law regarding CSR and the protection of human rights in the production sites of foreign subsidiaries and suppliers of German companies. It gives a brief overview on the National Action Plan of the Federal Government, adopted in 2016, analyzes possibilities of a direct enforcement of human rights violations before German courts and gives a survey on some relevant instruments German law uses to promote the respect of human rights by German companies (e.g. CSR transparency and public procurement law). Finally, the current debate on the adoption of a “Supply Chains Act” is briefly assessed. The author argues that the CSR debate in Germany has reached a crossroad with the Federal Government’s initiative for a “Supply Chains Act” since such Act would probably establish a supply chain due diligence and also a delictual liability of German companies for human rights violations caused by a non-compliance with its statutory duties to control its supply chain. However, the outcome of this ongoing debate still is unclear.

scholarly journals Role of Documentation and Legal Information Network (JDIH) Efforts in Fulfillment of Human Rights

2018 ◽  
Vol 1 (2) ◽  
pp. 371
Author(s):  
Dewi Sukmaningsih
Keyword(s):  
Human Rights ◽  
Communication Technology ◽  
Information Network ◽  
Legal Information ◽  
The People ◽  
Presidential Decree ◽  
Information And Communication ◽  
Protection Of Human Rights ◽  
The Right

Indonesia is a country of law, and one of the characteristics of a state of law is the guarantee and protection of human rights, one of which is the right to obtain information, including the legal information that is information about the legislation both national and local. The principle of fiction (fictie) law states that any person considered to determine the existence of a legislation after its enactment, the ignorance of the people on the legislation, can not be excused. To that end, legislation information should be easily accessible. Issuance of Presidential Decree No. 33 of 2012 on Information and Documentation Network of National Law (JDIHN) isin order to fulfill the right to obtain legal information, especially information legislation. Management of Legal Documentation and Information Network by utilizing information and communication technology (ICT) makes legal information can be accessed quickly, easily, complete and accurate, thereby supporting the fulfillment of human rights, namely the right to obtain legal information properly.Keywords: Documentation and Legal Information Network, Efforts, Fulfillment, Human Rights

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