scholarly journals Direitos humanos, descolonialismo e a contribuição brasileira para (re)interpretação dos conceitos de asilo e de refúgio

2019 ◽  
Vol 42 (2) ◽  
pp. 141-155
Author(s):  
Eduardo Biacchi Gomes ◽  
Ane Elise Brandalise Gonçalves
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Point Of View ◽  
American System ◽  
Brazilian Legislation ◽  
Protection Of Human Rights ◽  
Current Context ◽  
America Latina ◽  
Do So

O presente artigo tem por fim analisar, sob a ótica do descolonialismo, os avanços da legislação brasileira em relação aos critérios para concessão do asilo. Para tanto, parte-se do próprio conceito de descolonialismo e a sua aplicabilidade dentro do contexto atual para construção dos Direitos Humanos na América Latina, de forma a cotejar com a nova legislação brasileira em relação aos critérios para fins de concessão de asilo e de refúgio. Por fim, de forma a demonstrar a importância do tema frente ao Sistema Interamericano de Proteção aos Direitos Humanos, questionar-se-á quanto a possibilidade de referidos temas serem analisados por parte da Corte Interamericana de Direitos Humanos (Corte IDH). Abstract: The purpose of this article is to analyze, from the point of view of decolonialism, the advances of Brazilian legislation in relation to the criteria for granting asylum. In order to do so, it is based on the very concept of decolonialism and its applicability within the current context for the construction of Human Rights in Latin America, in order to compare with the new Brazilian legislation in relation to the criteria for granting asylum and refuge. Finally, in order to demonstrate the importance of the issue in the Inter-American System for the Protection of Human Rights, it will be questioned whether the above-mentioned issues can be analyzed by the Inter-American Court of Human Rights.

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 Economic sanctions and human rights: an analysis of competing enforcement strategies in Latin America

2014 ◽  
Vol 57 (1) ◽  
pp. 197-215 ◽  
Author(s):  
Cristiane de Andrade Lucena Carneiro
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Economic Sanctions ◽  
Deterrent Effect ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Political Terror ◽  
Using Data ◽  
The Relationship

This article addresses the consequences of economic sanctions for the protection of human rights in Latin America. The literature on sanctions and compliance informs three hypotheses, which investigate the relationship between sanctions and the level of rights protection in two groups of countries: those that were targeted by sanctions and those that were not. Using data from the Political Terror Scale (PTS) and from Freedom House, I find empirical evidence that sanctions do improve the level of protection in countries that were not targeted. This finding can be explained by the deterrent effect attributed to sanctions by the compliance literature, broadly interpreted. The presence of economic sanctions in a given year increases the probability of observing better human rights practices by almost 50%. These results hold for the 12 Latin American countries that were not subject to economic sanctions for the period 1976-2004.

scholarly journals Avançou? Retrocedeu? Considerações sobre os direitos humanos e as ações afirmativas para os povos Indígenas na América Latina

2020 ◽  
Vol 28 ◽  
pp. 160
Author(s):  
Juliane Sachser Angnes ◽  
Elisa Yoshie Ichikawa ◽  
Marcel Luciano Klozovski ◽  
Maria De Fátima Quintal de Freitas
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Indigenous Peoples ◽  
Labor Organization ◽  
International Labor Organization ◽  
International Labor ◽  
The Subject ◽  
America Latina

This theoretical essay proposes to understand how the contemporary conception of Human Rights is configured, and from that, to articulate the affirmative actions for Indigenous peoples inserted in this conception. In other words, it reflects on how this process took place in Latin America, that is, whether these actions proposed in Latin America for Indigenous peoples adopt a perspective constituted by the “subject of law” being seen in its particularity and peculiarity, and whether there have been advances or setbacks. The results showed that, specifically, from the conceptions presented at the International Labor Organization (OIT) there was a break in the integrationist paradigm, showing a real advance in the expressions of these conceptions and the ways in which indigenous societies are understood, at least in the applied legislation in Latin America. However, there is still much to reflect on and fight for.

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.

scholarly journals The Discursive Use and Development of the Guiding Principles on Business and Human Rights in Latin America

2017 ◽  
Vol 15 (30) ◽  
pp. 61
Author(s):  
Nicolás Carrillo-Santarelli ◽  
Carlos Arevalo-Narváez
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Business And Human Rights ◽  
Derechos Humanos ◽  
Guiding Principles ◽  
America Latina

<p class="Body">Como consecuencia de su amplia aceptación, los Principios Rectores sobre Empresas y Derechos Humanos se han erigido en el principal referente normativo en la materia. Ello explica que, gracias a sus efectos expresivos, hayan permeado e influido en la forma en que diferentes actores presenten sus discursos. Al apropiarse de los conceptos que en ellos se encuentran, tanto los Estados como órganos supervisores, activistas y las propias empresas en América Latina pueden o bien invocarlos para fortalecer iniciativas que buscan mejorar la protección frente a abusos empresariales o abstenerse de ir más allá de lo que los Principios dicen. Este artículo estudia cómo se han presentado estas dinámicas en América Latina, analizando la jurisprudencia de la Comisión y Corte Interamericanas de Derechos Humanos, planes de acción nacional y otras iniciativas estatales en la región, y si ha habido pronunciamientos de empresas que operan en la región que se hayan referido a los Principios.</p>

Aircraft Night Noise Complainants Win Case in European Court

2001 ◽  
Vol 32 (9) ◽  
pp. 20-26
Keyword(s):  
Human Rights ◽  
Health Problems ◽  
Aircraft Noise ◽  
Noise Levels ◽  
Ear Infection ◽  
European Court ◽  
Falling Asleep ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Do So

Eight residents, who lived close to Heathrow Airport, claimed violation of their human rights under Articles 8 and 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The noise levels experienced by the applicants were such as to prevent sleep to them and their families, leading to health problems. In some cases they had been forced to move away from the airport. Aircraft noise prevented the applicants from falling asleep, delaying this till after 01.00 and they were woken early, typically around 05.00, but sometimes earlier. Some applicants wore earplugs to help sleep at night, but in one case this resulted in an ear infection. Disturbance had increased after 1993, despite an assurance that it would not do so. The applicants won their case before the European Court of Human Rights and were awarded damages and costs.

scholarly journals Los resultados de la Iniciativa de la Ayuda para el Comercio en América Latina: Una primera valoración

2020 ◽  
Vol 30 (3) ◽  
pp. 861
Author(s):  
Fernando Rueda-Junquera ◽  
Mariola Gozalo-Delgado
Keyword(s):  
Latin America ◽  
Development Assistance ◽  
Qualitative Approach ◽  
Official Development Assistance ◽  
Public Pressure ◽  
Aid For Trade ◽  
Current Context ◽  
America Latina ◽  
Trade Index ◽  
Case Stories

In the current context of budgetary adjustments on the part of numerous donors, there is an increasing public pressure in favour of the accountability for the use of the resources devoted to official development assistance. That is why it is necessary to measure and evaluate the results of the projects and programmes financed by that assistance. The goal of this article is to offer a first assessment of the results of the Initiative of Aid for Trade for the case of Latin America. To achieve this goal, a double quantitative and qualitative approach is applied, involving the use of the Enabling Trade Index and the case stories of aid for trade projects and programmes.

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