Interface between IPR and Human Rights: A Study with Reference to International Law

This research work aims to establish a link between IPR and human rights in the national and international perspectives. Furthermore, lack of implementation of legislations at the national level is one of the greatest setbacks in the history of human rights protection. Basically, the value of human rights is largely tested by it’s implementation. The earlier form of Industrial property underwent transformation after the Paris Convention to be nomenclature as Intellectual property. IPRs, such as patents, plant variety protection, copyrights, and trademarks, are exclusive monopoly rights over a creation that the society provides to the inventor for a period of time. While such monopoly protection obviously restricts the dissemination of knowledge, it is supposed to be counterbalanced by the incentive that it provides to innovate. Intrinsic, natural, interrelated, indivisible, inalienable, basic, instrumental and inherent rights are ought to be protected if required, for maintaining peace in the society. Imperialism, colonialism and inequalities among the states were some reasons of concern for the development of human rights.

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Interim measures as human rights protection instruments: to the problem statement

Yearly journal of scientific articles “Pravova derzhava” ◽

10.33663/0869-2491-2021-32-539-544 ◽

2021 ◽

pp. 539-544

Author(s):

Siuzanna Mnatsakanian

Keyword(s):

Human Rights ◽

National Level ◽

Human Rights Violations ◽

Human Rights Protection ◽

Rights Protection ◽

European Court ◽

Core Issue ◽

Great Practice ◽

Interim Measures ◽

Human Rights Violation

Conceptual approaches to defining the nature and the scope of interim measures implementation as an instrument of human rights protection at international and national level are analyzed. The widespread use of interim measures as international standard of urgent respond to alleged violations of human rights has not led to the implementation of the legal institute concerned at the national level. Accordingly, this analysis aimed at defining the grounds of interim measures as human rights protection instrument application to be used by the state as an immediate response to human rights violations and possible violations. European Court of Human Rights has a great practice of interim measures granting. Interim measures are granted by the Court only in clearly defined conditions, namely where there is a risk that serious violations of the Convention might occur. A high proportion of requests for interim measures are inappropriate and are therefore refused. Besides, interim measures are applied upon request of the applicant claiming about alleged violations of his or her human rights. At the national level interim measures should/may be granted upon request of the applicant or by the duty-bearer’s initiative to prevent possible human rights violations. The grounds of interim measures granting should also be defined – the best international practice should be used taking into account the Ukrainian context. Another core issue analyzed is defining duty-bearers – subjects enforced to grant interim to prevent abuse in the sphere concerned. It is obvious that court shall be the only authority to resolve the substantive case of alleged human rights violation. However, public and local authorities shall be enabled to grant interim measures to prevent the possible violations. With this, the scope and the sphere of its application at the national level shall be broader in comparison with the case law of the European Court of Human Rights.

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General and Particular Approaches to Implementation of theEuropean Convention on Human Rights

Canadian Yearbook of international Law/Annuaire canadien de droit international ◽

10.1017/cyl.2018.10 ◽

2018 ◽

Vol 55 ◽

pp. 248-292

Author(s):

VLADIMÍRA PEJCHALOVÁ GRÜNWALDOVÁ

Keyword(s):

Human Rights ◽

National Level ◽

Case Law ◽

European Convention ◽

Constitutional Courts ◽

The Czech Republic ◽

Human Rights Protection ◽

Rights Protection ◽

National Courts ◽

European Court

AbstractThis article deals with the implementation, at the national level, of European human rights protection standards as enshrined in theEuropean Convention on Human Rights(ECHR) and interpreted by the European Court of Human Rights (ECtHR). It discusses the principles of interpretation of theECHRby the ECtHR, the interaction and mutual dialogue between the ECtHR and national courts, and the approach of the latter to interpretation and application of the case law of the ECtHR. Using the concrete examples of France and the Czech Republic as case studies, it is shown to what extent and how European constitutional courts take into account and apply the letter of the Convention and its interpretation by the ECtHR.

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CIVIL CLAIM IN A CRIMINAL PROCEEDING IN UKRAINE AS A MEANS OF GUARANTEE AND PROTECTION OF INDIVIDUALS’ RIGHTS

Actual problems of native jurisprudence ◽

10.15421/3919119 ◽

2020 ◽

pp. 174-177

Author(s):

O. A. Tymoshenko

Keyword(s):

Human Rights ◽

Justice System ◽

National Level ◽

The State ◽

Criminal Proceedings ◽

Human Rights Protection ◽

Rights Protection ◽

National Courts ◽

Technical Requirements ◽

European Court

The article deals with analyzing the state of the civil claim scientific research in criminal proceedings in Ukraine and summarizing it. It was determined the relevance of scientific rethinking of the phenomenological foundations of a civil claim in criminal proceedings. It is proved that the importance of the mechanism of criminal justice has the issue of legal support of the institute of civil claim, as an important component of guaranteeing and protecting the rights and freedoms of citizens. First of all, this is explained by the importance of a civil claim in criminal proceedings, its actual role that a civil claim plays in the justice system, ensuring the protection of the violated rights of citizens. On the basis of the state critical analysis of a civil claim legal support in criminal proceedings in Ukraine, it was determined its components and given their characteristics, which include: 1) the subjective component of the legal relations relating to civil claim in criminal proceedings in Ukraine; 2) the procedural issues of filing and considering a civil claim; 3) legal and technical requirements relating to the form and content of the civil claim. It was made and justified the provisions concerning the prospects of improving the civil claim mechanism functioning in criminal proceedings in Ukraine. Transformation of scientific understanding and practical perception of civil claim in criminal proceedings as a means of securing and protecting human rights and freedoms has been proved, on the basis of which the directions of improving the functioning of the said legal institute in Ukraine are distinguished, namely: 1) enhancing the role and importance of the European Court of Justice’ s activities human rights in extending his practice to litigation in criminal proceedings in Ukraine; 2) strengthening the mechanisms of human rights protection at the domestic (national) level in accordance with the requirements of international law, which are a component of civil claim in criminal proceedings; 3) improve the procedure for enforcement of the decisions of the national courts of Ukraine in the part related to civil claim in criminal proceedings, etc.

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9. Human rights in the EU

Complete EU Law ◽

10.1093/he/9780198790976.003.0009 ◽

2017 ◽

Author(s):

Elspeth Berry ◽

Matthew J. Homewood ◽

Barbara Bogusz

Keyword(s):

Human Rights ◽

Fundamental Rights ◽

Eu Law ◽

Human Rights Protection ◽

Rights Protection ◽

Charter Of Fundamental Rights ◽

History Of ◽

Complete Series ◽

Explanatory Text ◽

The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter begins with a brief history of human rights protection in Europe, including the separate role of the Council of Europe and the ECHR, as well as that of the EU and EU law. It then discusses the development of human rights protection by the EU; the need for human rights protection against the EU and its Member States; the Charter of Fundamental Rights of the EU; the enforcement of human rights in EU law; and the possibility of EU accession to the ECHR.

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Autonomy, Local Voices and Conflict Resolution: Lessons from East Timor

International Journal on Minority and Group Rights ◽

10.1163/15718115-02001007 ◽

2013 ◽

Vol 20 (1) ◽

pp. 107-117

Author(s):

Kjell-Åke Nordquist

Keyword(s):

Human Rights ◽

National Level ◽

East Timor ◽

Political Autonomy ◽

Human Rights Protection ◽

Rights Protection ◽

Peace Processes ◽

Timor Leste ◽

International Status ◽

Levels Of Integration

The civil society in East Timor – today The Democratic Republic of Timor-Leste – developed knowledge and views about different constitutional structures during some critical years before the country’s independence in 2002. “Autonomy” proved to be an effective generic concept for this purpose in dialogues and seminars, organised inside and outside East Timor, on the issue of the territory’s future international status. While a certain political autonomy structure, alongside with independence, were the two options in the 1999 UN-led referendum on East Timor’s final status, the concept of “autonomy” was used as a point of reference for the analysis of principally different structural options for small territories – from typical independence, via forms of limited independence and associated state arrangements, to autonomy and levels of integration. Naturally, existing autonomy arrangments are studied when relevant in peace processes, but the concept of “autonomy”, with its need for local adaptation and recognition of difference, brings also compromise and therefore creativity into a process of political wrangling. In addition, an autonomy perspective in peace processes raises the issue of human rights protection on national level – can it protect on the level of an autonomy? The autonomy concept provides, finally, a framework for its own legitimacy, in relation to human rights and other measures in defense of human dignity. To identify a potential autonomy, thus, means assessing the characteristics of difference in such a framework, a process that local voices in East Timor needed to pursue.

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

Alʹmanah prava ◽

10.33663/2524-017x-2020-11-45 ◽

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.

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Business, Indigenous Peoples’ Rights and Security in the Case Law of the Inter-American Court of Human Rights

Business and Human Rights Journal ◽

10.1017/bhj.2018.29 ◽

2019 ◽

Vol 4 (1) ◽

pp. 109-130

Author(s):

Núria REGUART-SEGARRA

Keyword(s):

Human Rights ◽

Indigenous Peoples ◽

Indigenous Rights ◽

Case Law ◽

Economic Interests ◽

Human Rights Protection ◽

Rights Protection ◽

Regional System ◽

History Of ◽

Indigenous Property Rights

AbstractThe history of indigenous peoples from across the globe is marked by constant aggression, persecution and conflict. In these times, they are being obliged to confront the consequences of economic interests in their ancestral lands and natural resources, which often take the form of extractive projects conducted by corporate actors with the permission of governments. These abusive practices have led to a number of social, legal and political disputes, many of which have resulted in violence. All of this reveals that indigenous rights cases cannot be omitted in the study of the interrelation between business, human rights and security, since these three elements are present in many of them. In particular, the case law of the Inter-American Court of Human Rights needs to be closely examined, as it is considered to be the regional system of human rights protection that has played the most prominent role in delimitating indigenous property rights.

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

AJIL Unbound ◽

10.1017/aju.2019.68 ◽

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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The African Court on Human and Peoples' Rights: Safeguarding the Interests of African States

Journal of African Law ◽

10.1017/s0021855306000210 ◽

2007 ◽

Vol 51 (1) ◽

pp. 151-172 ◽

Cited By ~ 4

Author(s):

Gina Bekker

Keyword(s):

Human Rights ◽

Human Rights Protection ◽

Rights Protection ◽

Court Of Justice ◽

The Future ◽

History Of ◽

The Creation ◽

African Commission

AbstractThis article examines the extent to which the decision to establish the African Court on Human and Peoples' Rights was motivated by the desire of African states to safeguard their own interests at the expense of effectively protecting human rights in Africa. Using an examination of the drafting history of the Banjul Charter and the establishment of the African Commission as a background, this article explores the potential implications for the future of human rights protection on the continent as a result of the creation of the African Court on Human and Peoples' Rights and its proposed merger with the African Court of Justice.

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