scholarly journals Criterios definidores y conceptuales del enfoque basado en derechos humanos: de la teoría a la práctica

2017 ◽  
pp. 43-86
Author(s):  
Alfonso CHACÓN MATA
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Public Administration ◽  
Public Policies ◽  
The State ◽  
The Public ◽  
First Order ◽  
Derechos Humanos ◽  
The Subject ◽  
Human Rights Based Approach

LABURPENA: «Giza Eskubideetan Oinarritutako Ikuspegiaren» irismena azaltzeko asmoa dauka artikulu honek, zer-nolako aldagaiak eta kontzeptuak biltzen dituen ulertze aldera. Horren bilakaeraz eta indarraldiaz arituko gara, bai eta horren modalitate aplikatua nola nabarmentzen den azalduko ere. Horretarako, Nazio Batuen Erakundearen esparruan garatu diren ekarpenak eta gaiaren inguruko doktrina aditua erabiliko ditugu. Administrazio Publikoan duen indarra ezin ukatuzkoa da; izan ere, estatuak eta horri atxikitako erakundeek oso kontuan eduki behar dute politika publikoak norbanakoen eta komunitateen beharrei arreta ematen ari zaien jakiteko balio duela ikuspegi horrek, edota politika publiko horiek kontu emanez gardentasun publikoa eratzen ari diren nahiz edozelako diskriminazioa saihesten ari diren jakiteko balio duela. Azkenik, ikuspegi horrek Giza Eskubideen Gorte Interamerikarraren jurisprudentzia-aurrekari batzuetan duen indarraldia eta eragina aztertuko dira. RESUMEN: El presente artículo tiene la intención de exponer los alcances del «Enfoque Basado en Derechos Humanos», con la finalidad de entender que variables y conceptos involucra. Haremos un recuento de su evolución, vigencia y cómo se evidencia su modalidad aplicada, a través de diferentes aportes desarrollados en el marco de la Organización de Naciones Unidas, así como de la doctrina estudiosa del tema. Su vigencia en la Administración Pública es de primer orden, puesto que el Estado y sus entidades adscritas, deben tener muy en cuenta que el enfoque citado, sirve para conocer si las políticas públicas, están atendiendo necesidades de individuos y comunidades concretas; generando transparencia pública a través de rendición de cuentas, así como evitando cualquier tipo de discriminación. Finalmente, se analizará su vigencia e impacto en algunos antecedentes jurisprudenciales de la Corte Interamericana de Derechos Humanos. ABSTRACT: This article intends to expose the scope of the «Human Rights Based Approach», in order to understand what variables and concepts it involves. We will recount its evolution, validity and how its applied modality is evidenced, through different contributions developed within the framework of the United Nations, as well as the doctrine studious of the subject. Its validity in the Public Administration is of the first order, since the State and its affiliated entities must take into account that the aforementioned approach serves to know if public policies are addressing the needs of specific individuals and communities; Generating public transparency through accountability, as well as avoiding any type of discrimination. Finally, its validity and impact will be analyzed in some jurisprudential antecedents of the Inter-American Court of Human Rights.

scholarly journals Responsabilidade do gestor público e a judicialização da saúde no contexto do Estado do Ceará / Responsibility of the public manager and health judicialization in the context of the State of Ceará

2018 ◽  
Vol 11 (3) ◽  
pp. 2042-2069
Author(s):  
Rômulo Luiz Nepomuceno Nogueira ◽  
Mariana Dionísio De Andrade
Keyword(s):  
Public Administration ◽  
Personal Responsibility ◽  
Research Problem ◽  
Qualitative Approach ◽  
The State ◽  
Public Health Services ◽  
Social Phenomena ◽  
The Public ◽  
The Subject ◽  
Public Manager

 DOI: 10.12957/rqi.2018.29241  ResumoO presente artigo se propõe a responder ao seguinte problema de pesquisa: deveria o gestor público responder pessoalmente pela ineficiência na prestação dos serviços públicos de saúde? O artigo possui como objetivo a análise da responsabilidade do gestor público, no âmbito do Estado do Ceará, diante do fenômeno da judicialização da saúde, demonstrando seus impactos na Administração Pública e para o próprio burocrata na gestão da pasta. O estudo possui abordagem qualitativa, porque interpreta a relação de causalidade entre fenômenos jurídicos e sociais, e possui suporte em elementos quantitativos, na medida em que utiliza dados mensuráveis e padrões numéricos para a melhor compreensão do assunto. Conclui-se que a ineficiência do Estado na promoção da saúde não poderia ser resolvida apenas por um administrante, que poderá sofrer sanção judicial por fatos anteriores à sua gestão. Verifica-se, ainda, a relevância do contínuo debate acerca dos meios de resolubilidade da judicialização da saúde, considerando a abrangência e importância essencial desse direito fundamental.Palavras-chave: Judicialização da Saúde; Responsabilidade Pessoal; Gestor Público; Ineficiência do Estado; Resolubilidade da Judicialização.AbstractThe present article proposes to answer the following research problem: should the public manager respond personally for the inefficiency in the provision of public health services? This article aims to analyze the responsibility of the public manager, in the context of the State of Ceará, facing the phenomenon of health judicialization, demonstrating its impact on the Public Administration and on the bureaucrat himself in the management of the agenda. The study has a qualitative approach, because it interprets the causal relationship between legal and social phenomena, and has support in quantitative elements, in that it uses measurable data and numerical standards to the better understanding of the subject. It is concluded that the inefficiency of the State in the promotion of health could not be solved only by an administrator, who could suffer judicial sanction for facts previous to his management. It is also verified the relevance of the continuous debate about the means of resolubility of the health judicialization, considering the comprehensiveness and essential importance of this fundamental right.Keywords: Health Judicialization; Personal Responsibility; Public Manager; Inefficiency of the State; Resilubility of the Judicialization.

scholarly journals Some Theoretical and Practical Issues on the Rights of Oder Persons

2018 ◽  
Vol 34 (3) ◽  
Author(s):  
Công Giao Vũ
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Older Persons ◽  
Population Aging ◽  
The Elderly ◽  
The State ◽  
Vulnerable Groups ◽  
National Legislation ◽  
Challenges And Opportunities ◽  
Human Rights Based Approach

Population Aging encompasses both challenges and opportunities for every countries, the elderly are basically not a burden but a source of families and communities. To ensure " a sucessful Population Aging", the rights of the elderly need be guaranteed. While an international treat  on the rights of the elderly has not yet been adopted, states should abide by the principles of the United Nations and ILO conventions relating to older persons. National legislation on the elderly must be built based on the human rights-based approach, and the elderly need be considered as one of the most vulnerable groups in society where the state must protect there human rights in any  circumstances, even when the country’s resources are exhaused.

scholarly journals The human rights-based approach in public policies: from institutionality to citizenship

2021 ◽  
Vol 6 (1) ◽  
pp. 34-45
Author(s):  
Jefferson Alexander Rodríguez-Gómez
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Public Management ◽  
Action Plan ◽  
Public Policies ◽  
The Public ◽  
Management Project ◽  
Definition Of ◽  
Human Rights Based Approach

This article is a product of the research project "Public policies, citizenship and the human rights approach in the Norte de Santander Department" carried out as a public management project - social extension of the Comfanorte Higher Studies Foundation - FESC in the Public Management Specialization Program. The aim was to describe conceptual and methodological elements that would allow the proposal of foundations for the formulation of public policies with a long-term vision and a human rights-based approach for the Norte de Santander Department, with a scope that includes the identification of the problem, the definition of the population, the diagnosis and the action plan. To this end, from the qualitative approach, theoretical foundations were adopted to support the proposal under the protection of interdisciplinary information sources through interviews with public policy experts in the region. Finally, the importance of differential approaches in the formulation of public policy was recognized, since their specificity guarantees in a differential manner the satisfaction of the rights of the different population groups, as well as the transverse and incidental participation of the citizenry as necessary in all phases of the formulation, which is fundamental to the success of public policy.

ULOGA I ZNAČAJ JAVNIH POLITIKA U FUNKCIONISANjU UPRAVE

2021 ◽  
pp. 215-224
Author(s):  
Dejan Vučinić ◽  
Keyword(s):  
Public Administration ◽  
Social Life ◽  
Public Policies ◽  
Policy Makers ◽  
The Public ◽  
Public Administration Reform ◽  
Policy Making Process ◽  
Common Goals ◽  
The Subject ◽  
The Relationship

Public policies as a means by which public action is directed and common goals are achieved have long been the subject of study of foreign legal science. In Serbia, public policies have gained more significant affirmation in recent years, especially in the context of public administration and public administration reform. Public policies are studied from the aspect of different sciences, political, organizational, but having in mind that public policies are especially related to the activities of the administration, it is the subject of interest of legal sciences, more precisely the science of administration. The state ensures the implementation of public policies in various areas of social life (health, education, environmental protection, etc.), bearing in mind that it has the necessary capacities and organization, through its administrative apparatus. The aim of this paper is a deeper understanding of the policy-making process, their role in achieving the public interest, the process of implementation and evaluation of public policy effects, as well as the relationship and relations that public policies have with government and public administration, both from the perspective of policy makers and and from the aspect of directing the work of public administration.

Thinking about the state, talking bureaucracy, teaching public administration

2012 ◽  
Vol 30 (2) ◽  
pp. 76-91 ◽  
Author(s):  
Peter Barberis
Keyword(s):  
Social Sciences ◽  
Public Sector ◽  
Public Administration ◽  
The State ◽  
Practical Activity ◽  
The Public ◽  
The Social ◽  
Public Bureaucracy ◽  
The Subject ◽  
The Many

By examining issues concerning the role and nature of the state together with the character of public bureaucracy, this article shows that, as a practical activity, public administration retains a distinct identity. Notwithstanding the many changes that have taken place in the public sector during recent years, programmes of study in the subject still have much to offer. Such programmes should reassert their place within the social sciences. Their virtues should be proclaimed with confidence, while resisting misplaced calls for more narrowly focused vocationalism.

THE EVOLUTION OF THE INCENTIVE SYSTEM IN THE DOMESTIC LEGAL AND TECHNICAL PRACTICE OF PUBLIC ADMINISTRATION

2021 ◽  
Vol 10 (1) ◽  
pp. 168-178
Author(s):  
E.N. SELIUTINA ◽  
◽  
V.A. KHOLODOV ◽  
Keyword(s):  
Public Administration ◽  
System Development ◽  
The State ◽  
The Public ◽  
Relevant Today ◽  
Technical Practice ◽  
Russian State ◽  
History Of ◽  
The Subject ◽  
State Incentives

The purpose of the article is to consider the history of the public administration system development in Russia via various aspects and features. The analysis and accounting of Russian historical expe-rience in building the integral system of state incentives in the context of the management vertical formation is very relevant today. The article presents the author's approach to the state incentives consideration in the context of the state awards institution, taking into account legal and technical regulation of this process in various regulatory legal acts. The purpose of the article is to consider the genesis of the state awards institution and its formalization in regulatory legal acts in the context of public administration functioning. The subject of the study is the Russian state awards system and the system of normative acts regulating the award mechanism, both considered in historical retro-spect. The authors summarize that the institute of state incentives as a mechanism of public admin-istration is in permanent development and, today, it is designed for stimulating state-significant activi-ties in various fields, and the award mechanism, having passed a long evolutionary period, is cur-rently regulated by a number of specialized regulatory legal acts of the federal and regional levels.

Legal mechanisms of public administration in Ukraine

2021 ◽  
Vol 28 (4) ◽  
pp. 122-132
Author(s):  
Sergey V. Stepanenko ◽  
Viktoriia D. Filippova ◽  
Valentina O. Boniak ◽  
Tatiana V. Malakhova ◽  
Olena V. Kravchenko
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
System Approach ◽  
Essential Feature ◽  
State Power ◽  
The State ◽  
Public Authorities ◽  
Constitutional State ◽  
The Subject ◽  
Constituent Elements

Issues related to the analysis of the current and possible future changes in the constitutional status of public authorities in Ukraine and the legal mechanisms of public administration in the country are considered. An essential feature of state bodies is that only they are endowed with state powers. They perform their functions on behalf of the state in clearly defined forms. An attempt is made to analyze the legally defined organizational structure of legal mechanisms of public administration in the state. The main purpose of a research consists in carrying out the theoretical analysis and system approach to legal mechanisms of public administration in Ukraine and the constitutional relations of branches of the power in the state, disclosure of features of the constituent elements of a system of the constitutional relations of the state power in Ukraine. In the constitutional state the law always must be the primary act of a statement of the state power, and people have to be the only source of a statement of the state power. The most enlightened rulers, in whose hands unlimited all webs of power were concentrated, sooner or later became wayward tyrants who recognized only their authority, that they neglected freedom and, did not consider inalienable human rights. Therefore, further transfer of powers of public administration from local public authorities to local self-government bodies should be the subject of further research in this direction

scholarly journals PUBLIC CONTROL OVER THE ACTIVITY OF THE NATIONAL POLICE IN UKRAINE

2021 ◽  
Vol 13 (3) ◽  
pp. 101-106
Author(s):  
Myroslav Kovaliv ◽  
◽  
Liubov Kuzo
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Public Administration ◽  
Public Life ◽  
The State ◽  
Public Control ◽  
The Public ◽  
National Police

In modern conditions of formation of civil society in Ukraine, more and more opportunities are created for the emergence of new forms, methods and other tools for public control over the activities of public administration bodies, including the police. Today, the police play an extremely important role in the state and public life of the country. After all, the police are the structure that has the ability to legally use coercion, and therefore can respond quickly to violations of human rights and freedoms, compared to other bodies. The article reveals the features of public control over the functioning of the National Police in Ukraine. The public and authoritative nature of the administrative activity of the National Police bodies, which is always under the purposeful public supervision and consists in the implementation of the administrative and legal powers assigned to the National Police in the interests of society, is analyzed. Citizens’ appeals are considered as a tool of public control over police activities and also one of the key tools by which the public responds to police activities.

scholarly journals The Implementation of State Policy of Power Cleaning in the Conditions of Political Transformation: Experience of Ukraine and Countries of Central and Eastern Europe

2020 ◽  
Vol 9 (2) ◽  
pp. 405-421
Author(s):  
Valentyna Goshovska ◽  
Volodymyr Goshovskyi ◽  
Liudmyla Dubchak
Keyword(s):  
Human Rights ◽  
Eastern Europe ◽  
Public Administration ◽  
State Policy ◽  
Legal Regulation ◽  
The State ◽  
Communist Regime ◽  
Administration System ◽  
The Public ◽  
Wide Range

The article analyzes the problems of realization of the state policy of power cleaning in the countries of Central-Eastern Europe (Poland, Czech Republic, Hungary, Baltic countries), and in particular in Ukraine. It has been found that in various countries this step in the public administration was taken since the fall of the communist regime. However, everywhere it was carried out by its own rules. The attention is drawn to the fact that the power cleaning through lustration should be ensured in the light of a wide range of threats that pertain to the human rights sphere and the principle of the presumption of innocence. This was relevant for every state that embarked on the path of transformational change to the implementation of a state policy of power cleaning. None of the countries that have taken such a political step in the public administration system went this route easily (there were both claims to the laws with subsequent legislative initiatives to amend them, and suits to courts of various instances to restore human and citizen’s rights and freedoms). However, there were also positive consequences, which resulted in the cleaning of the authorities of the respective countries from the influences of interested pro-communist political forces, which hindered democratic transformations in the states. Regarding the characteristics of the state policy of power cleaning by lustration in Ukraine, which began only in 2014, we drew attention to the fact that it had a different meaning: it was not aimed at combating the communist past, but at overthrowing the current political regime of “Yanukovych times”. There were some problems, which reflected the emergence of relevant issues in such events of the public administration system, which caused criticism from a number of external international human rights organizations (for example, the Venice Commission), and led to massive claims to courts of various instances aimed to restore of claimants' rights. Also the article draws attention to the fact that lustration, as a mechanism of power cleaning, is an appropriate political step on the way to democratization of society and overcoming the negative consequences of the activity of undemocratic political regimes. However, its implementation requires a prudent approach to defining the principles of legal regulation, the establishment of appropriate institutions to ensure the implementation of lustration and guaranteeing the protection of human and citizen's rights and freedoms from political persecution.  Keywords: sustainable development, public policy, cleaning of power, lustration, protection of human and citizen's rights and freedoms.

SUBJECTS AND OBJECTS OF PUBLIC MARKETING

2018 ◽  
Vol 1 (12) ◽  
pp. 260-270
Author(s):  
Yevgeny Victorovich Romat ◽  
Yury Volodimirovich Havrilechko
Keyword(s):  
Public Administration ◽  
Municipal Government ◽  
Executive Power ◽  
Marketing Concept ◽  
Public Authorities ◽  
Public Marketing ◽  
The Public ◽  
State Management ◽  
Management Concepts ◽  
The Subject

The article is devoted to research of theoretical problems of the concepts of the subject and object of public marketing. The definitions of these concepts are considered in the article, the evolution of their development is studied. The article provides an analysis of the main approaches to the notion of subjects and objects of public marketing, their relationship and role in the processes of public marketing. The authors proposes concrete approaches to their systematization. These approaches allow us to identify specific types of public marketing and their main characteristics. Relying on the analysis of the concept of “subject of public (state) management”, it is concluded that as bodies of state marketing, most often act as executive bodies of state power. In this case, the following levels of marketing subjects in the system of public administration are allocated: the highest level of executive power; Branch central bodies of executive power; Local government bodies; Separate government agencies. It is noted that the diversity of subjects of public marketing is explained, first of all, by the dependence on the tasks of the state and municipal government, the possibilities of introducing the marketing concept of these subjects and certain characteristics of the said objects of state marketing. It is noted that the concept of “subject of public marketing” is not always the identical notion of “subject of public administration”. First, not all public authorities are subjects of state marketing. In some cases, this is not appropriate, for example, in the activities of the Ministry of Defense of Ukraine or the Ministry of Internal Affairs of Ukraine. Secondly, state marketing is just one of many alternative management concepts, which is not always the most effective in the public administration system.

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