scholarly journals GUARANTEES OF PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF CONSUMED

Author(s):  
А.В. Тюменев ◽  
Д.Е. Михайлов

В статье рассматриваются гарантии защиты основных прав и свобод осужденных. Автор проводит анализ понятия «гарантии прав и свобод человека», предлагает его авторское определение, раскрывает основные виды гарантий, а также предлагает меры, направленные на их совершенствование The article deals with the guarantees of protection of the fundamental rights and freedoms of convicts. The author analyzes the concept of «guarantees of human rights and freedoms», offers its author's definition, reveals the main types of guarantees, and also suggests measures aimed at their improvement.

2021 ◽  
Vol 17 (1) ◽  
pp. 175-182
Author(s):  
Madălina PREDA (DAVIDOIU)

Abstract: Through international treaties, human rights have reached the pinnacle of their legitimacy, being ratified by most countries. Respecting the human rights is the legal foundation for a democratic society in which the military has a defining role. In the comprehensive approach of the European institutions, protecting and promoting the human rights of military personnel are preconditions for regional unity, stability and security. The European documents provide an integrated understanding of the concept of rights and freedoms in relation to the special status of military personnel in society, representing regulated standards of conduct. Promoting the culture of respect for the fundamental values of human rights, both in the process of military education and training, as well as in exercising their specific tasks, represents an instrument for maintaining the order, discipline and morale of the military, ensuring the effectiveness of military actions and an overwhelming factor supporting the achievement of strategic objectives.    


Author(s):  
Rhona K. M. Smith

This chapter outlines the future agenda for international human rights and provides an overview of some issues that are likely to characterize the evolution of international human rights in the future. These include non-State actors, including businesses. Environmental rights are also considered. The chapter also suggests that State responses to the threat of terrorism must be proportionate to said threat and must be in accordance with the law, respecting fundamental rights and freedoms.


Author(s):  
Fernando Carol Rosés

La STEDH de 13 de julio de 2004 –dictada en un litigio que tiene su origen en una demanda presentada contra el Principado de Andorra– elude abordar de forma directa el hipotético conflicto entre libertad de testar y principio de igualdad y,en cambio, reelabora la voluntad del testador a la luz del Convenio Europeo de Derechos Humanos, lo cual supone un ataque a la esencia misma de la sucesión testada. Aunque con carácter de obiter dicta entiende que cualquier relación jurídica de Derecho privado deberá ser interpretada de conformidad con el Convenio, afirmación que cuestiona la propia autonomía privada. Si bien en España, como en otros muchos Estados miembros del Consejo de Europa, las sentencias del Tribunal Europeo de Derechos Humanos no son directamente ejecutivas, sí es cierto que a la luz del artículo 10.2 de la Constitución Española tanto el principio de igualdad como los demás derechos fundamentales y libertades deberán ser interpretados de conformidad con los acuerdos internacionales ratificados por España, siendo ésta precisamente la vía que conduce a la efectividad de la jurisprudencia del Tribunal Europeo de Derechos Humanos, creando, en el caso que nos ocupa, una situación, cuanto menos, preocupante.The ECHR Judgment of 13 July 2004 –dictated in a litigation that has his origin in a demand presented against the Principality of Andorra– eludes to approach of direct form the hypothetical conflict between freedom of testamentary disposition and beginning of equality, with the consequence that there re-elaborates the will of the testator in the light of the European Agreement of Human rights, which supposes an assault to the essence itself of the testate succession. Though with character of obiter dicta he understands that any juridical relation of private Law will have to be interpreted of conformity with the Agreement, affirmation that questions the own private autonomy. Though in Spain, since in other many members states of the Council of Europe, the judgments of the European Court of Human rights are not directly executive, yes it is true that in the light of the article 10.2 of the Spanish Constitution both the beginning of equality and other fundamental rights and freedoms will have to be interpreted of conformity with the international agreements ratified by Spain. Therefore, this one is precisely the route that he leads to the efficiency of the jurisprudence of the European Court of Human Rights, creating, in the case that occupies us, a situation worrying.


2021 ◽  
Author(s):  
Elinda dwi sari

Human rights are fundamental rights and freedoms for all people, regardless of nationality, gender, gender, national or ethnic origin, race, religion, language or other status. Two values form the basis of the concept of human rights. The first is “human dignity” and the second is “equality”. Human rights are actually a (experimental) definition of the basic standards necessary for a dignified life. This paper was written to present information on human rights (HAM). The results of this discussion are Human Rights and Health Rights to Food.


2022 ◽  
pp. 124-147
Author(s):  
Maral Törenli Çakıroğlu

The COVID-19 virus, which first appeared in Wuhan, China in December 2019 and spread quickly to the whole world in a few months, was defined as a pandemic by the World Health Organization on 12 March 2020. This process has inevitably brought along problems in many areas, including health, education, social, economics, law, psychology, politics, and international relations. The pandemic era is a period when we appreciate more than ever how valuable our fundamental rights and freedoms are. Of these rights, the right to health and patient rights are significantly adversely impacted. This chapter will evaluate human rights, especially patient rights, mostly affected during this pandemic period in Turkey. This chapter further presents that other states are also continuing to experience effects of the pandemic. Both Turkey and other states must be prepared for the patients to properly benefit from the healthcare system in future outbreaks and pandemics. Otherwise, human and patient rights will continue to suffer.


2010 ◽  
Vol 43 (3) ◽  
pp. 631-654 ◽  
Author(s):  
Yüksel Sezgin

Israel still maintains the personal status system (millet) that it inherited from the Ottoman Empire under which the courts of fourteen ethno-religious communities are granted exclusive jurisdiction over matters of marriage and divorce and concurrent jurisdiction with the civil courts in regard to such matters as maintenance and inheritance. But, why Israel, as a highly centralized and democratic polity, has maintained the old millet system which applies different laws to people from different ethno-religious backgrounds and holds men and women to different legal standards? And, how has such a plural application of law affected fundamental rights and freedoms of Israeli citizens? In brief, the Article argues that Israel utilized the old millet system in the nation-building process as an instrument of vertical segmentation and horizontal homogenization. However, the system has encountered with some serious challenges in producing its intended goals. This becomes particularly visible when we take a closer look at the field of human rights where individuals constantly challenge the legitimacy of Stateimposed religious laws, and seek to advance rights and liberties which are denied to them under the current system by engaging in various strategies of resistance.


2014 ◽  
Vol 15 (1-2) ◽  
pp. 175-202
Author(s):  
Herbert Aclan Loja

On 2 February 2012, the Philippine Air Force conducted a precision bombing on an Abu Sayyaf camp in Parang, Sulu, Mindanao, Philippines. The airstrike killed Abu Sayyaf commander Gumbahali Umbra Jumdail, a Filipino terrorist suspect. To date, no human rights organisation or group in the country has expressed any apprehension on the state action. In the midst of silence, this article explores the permissibility of the targeted killing of a Filipino citizen carried out by state agents. It argues that the killing has the hallmarks of an international humanitarian law paradigm applied to what could otherwise be an international human rights law and domestic law situation. The blurring of distinction and the secrecy surrounding the incident indicate a less than transparent act of deprivation of life of an individual with tremendous implications on the future of human rights protection in the country. Where the Philippines operates in such legal ambiguity and decides to exercise the most lethal of options in depriving a person of his or her life, it is suggested that it should consider the adoption of an effective post-targeting investigation mechanism to ensure respect for and protection of human dignity and fundamental rights and freedoms.


2000 ◽  
Vol 49 (2) ◽  
pp. 360-389 ◽  
Author(s):  
Andrew S. Butler

The right of individuals to have recourse to international human rights bodies has been regarded as one of the most significant developments in securing respect for and the promotion of universal fundamental rights and freedoms.1 First, it ensures that individuals subjected to human rights violations have an alternative forum should the domestic judicial forums not be persuaded of the existence of rights violations, for whatever reason. Secondly, the availability of an individual's right of recourse affirms the fact that the individual is an actor cognisable by international law, and is not dependent on the intervention of other States for the safeguarding of his or her rights.2 This is particularly important, as many States are slow to engage complaint mechanisms against another State for fear of reprisal (be it in the form of economic or political sanctions, or the instigation of a complaint under the same mechanism by the other state), lack of interest, or otherwise.3 Thirdly, the existence of such fora, and the right of individual complaint from a variety of countries, are useful in developing a common universal standard of human rights observance.4 The combined result of these is that implementation of the goals set out in the international human rights instruments is facilitated because the means for their enforcement are not dependent upon international politics but rather are put in the hands of the rights holders. In turn, such machinery should improve State compliance.5


2011 ◽  
Vol 55 (1) ◽  
pp. 30-58
Author(s):  
Morris Kiwinda Mbondenyi

AbstractA practice of frequent constitutional amendments started shortly after Kenya attained her independence in 1963. Consequently, the country has witnessed a confusion of systems of governance, ranging from single-party autocracy to virtual multi-party democracy, which have served to endorse the chronic condition of human rights violations in the country. In the process of such experimentation, Kenyans have unabatedly been denied the enjoyment of many of their fundamental rights and freedoms, including the right to participate in their government. This article analyses Kenya's constitutional order with the intention of highlighting the extent to which the country's citizens have been denied the right to participate in their government. Drawing inspiration from the African Charter on Human and Peoples' Rights, the article recommends ways in which this right could be entrenched in the country's constitutional order.


Afrika Focus ◽  
2017 ◽  
Vol 30 (1) ◽  
Author(s):  
Ebenezer Durojaye

The purpose of this article is to examine the socio-cultural challenges that continue to limit women’s enjoyment of their fundamental rights and freedoms in Mozambique. In this regard, this article focuses on three areas of gender inequality – denial of inheritance rights, sexual violence and early/ child marriage -in the country. In addition, the article, using a substantive equality approach, critically examines whether the steps and measures taken by the government of Mozambique to address gender inequality are consistent with its obligations under international human rights law. For the purpose of this analysis, the article focuses on Mozambique’s obligations under the Convention on the Elimination of All forms of Discrimination against Women (CEDAW) and the Protocol to the African Charter on the Rights of Women (African Women’s Protocol). The article concludes by making suggestions on how Mozambique can better safeguard the rights of women and improve their status. Key words : gender inequality, human rights, socio-cultural practices, Mozambique 


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