Rozwój uniwersalnej ochrony praw człowieka

2016 ◽  
Vol 14 (14) ◽  
pp. 81-98
Author(s):  
Dawid Michalski
Keyword(s):  
Human Rights ◽  
Developmental Stages ◽  
International Community ◽  
Fundamental Rights ◽  
Contemporary World ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Definition Of ◽  
Globalized World ◽  
Individual Human

The development of human rights in contemporary world was possible due to the application the achievements of legal philosophers. First of all, medieval thinkers laid the groundwork for today’s organized system of recognizing the important values which today define universal human rights. The United Nations, as the successor of the concepts of the League of Nations, is the entity which internationalized this issue. Trying to create a definition of human rights draws attention to the essential value of this concept, that is, dignity and freedom. Despite the difficulties in formulating a clear definition it was tried to describe them and extract the directory common. Analyzing human rights from the perspective of developmental stages, it turns out that at the stage of conceptualization it appeared in the issue of separation of fundamental rights of units. Thus, when juridification has ensured the rights arising from the philosophical concepts, which proved to be universal values also in the modern globalized world. However, this does not mean that the process was hassle-free. Specific problems inherent in the international community, like the lack of unanimity in crucial matters, significantly lengthened the process. Initially, it was not possible to work out effective mechanisms of protection, and only demands were developed. Only by historical changes and the important breakthrough events, legal and international efforts became possible to undertake joint efforts to ensure and guarantee the protection of individual human rights. These activities resulted in the adoption of multilateral normative acts, the provisions of which have proved to be fundamental to the contemporary activities of the international community and non-governmental organizations for the protection of individual human rights.

Are human rights archives accessible? Challenges and possible solutions to improve access for Dealing with the Past initiatives

Comma ◽  
2021 ◽  
Vol 2020 (1-2) ◽  
pp. 139-150
Author(s):  
Romain Ledauphin ◽  
Claudia Josi ◽  
Rahel Siegrist
Keyword(s):  
Human Rights ◽  
Truth Commissions ◽  
Records Management ◽  
Maturity Model ◽  
Humanitarian Law ◽  
The Past ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Federal Department ◽  
Definition Of

Records and archives containing information relating to grave violations of human rights and international humanitarian law represent a fundamental source for, and can become trustworthy documentary evidence within, Dealing with the Past (DWP) processes including truth commissions, criminal tribunals, reparation programs, vetting processes and outreach projects. Those intergovernmental organizations (IGOs) and international non-governmental organizations (INGOs) working in the fields of human rights and peace and security are themselves important observers and actors in DWP processes and hence their records and archives are highly relevant to DWP initiatives. Such organizations should therefore be transparent and be able to facilitate DWP processes by granting access to their records. Given the International Council on Archives’ definition of “access” as relating to “… the availability of records for consultation as a result both of legal authorization and the existence of finding aids”, and the experience of swisspeace in advising DWP initiatives on collecting evidence and improving records management capacity, swisspeace together with the Swiss Federal Department of Foreign Affairs developed a roadmap which centres on the development of an “archives accessibility maturity model”. This tool will not only improve hands-on access in practice, but will ultimately improve knowledge about the multi-layered complexity of archives’ accessibility, strengthening the capacity of IGOs, INGOs and DWP initiatives to design and implement their access regulations, and thereby improving DWP initiatives’ ability to make successful access requests.

Psychiatric commitment: over 50 years of case law from the European Court of Human Rights

2006 ◽  
Vol 21 (7) ◽  
pp. 427-435 ◽  
Author(s):  
G. Niveau ◽  
J. Materi
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Time Frame ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
European Court ◽  
Right To Information ◽  
Definition Of ◽  
Respective Number

AbstractPurposeTo extensively review the European Court of Human Rights (ECHR) case law concerning psychiatric commitment, and to estimate the role of this supranational jurisprudence in the practice of contemporary psychiatry.MethodUsing keywords to search the ECHR computerized database “HUDOC”, we reviewed all cases concerning psychiatric commitment registered between September 1953 and December 31, 2004. Four groups were identified: applications declared inadmissible; applications accepted but not judged by the Court; pending cases; and cases judged by the Court.ResultsOf the almost 118,000 decisions taken by the ECHR in this time frame, we found 108 situations concerning psychiatric commitment. Forty-one of these applications were considered by the Court to be inadmissible. Twenty-four other cases were considered admissible but not judged by the ECHR. Three admissible cases were still pending at the end of 2004. The ECHR judged 40 cases, and found in 35 of them that one or several rights as guaranteed by the Convention had been violated.DiscussionThe ECHR protects the human rights of persons subjected to involuntary psychiatric commitment by creating supranational law in the following areas: definition of “unsoundness of mind”; conditions of lawfulness of detention; right to a review of detention by a Court; right to information; right to respect for private and family life; and conditions of confinement, which address inhuman and degrading treatment. The respective number of applications submitted to the ECHR did not depend on when the Convention had entered into force in that country.ConclusionThe possibility of an individual to access the ECHR depends on the degree of democracy in his country and on the access to legal assistance through non-governmental organizations or individual intervening parties.

Access to Justice and Legal Representation in Nigeria

2021 ◽  
pp. 140-153
Author(s):  
Oluwaseun Olanrewaju ◽  
Sunday Onuegbu
Keyword(s):  
Human Rights ◽  
Research Method ◽  
Video Conferencing ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Primary Research ◽  
Legal Representation ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Court Orders

In 2009, the Fundamental Rights Enforcement Procedure (FREP) Rules of 1979 was revised to ease the cumbersome process encountered by applicants/lawyers in advocating for the enforcement of fundamental human rights in court. Despite this, human rights lawyers still encounter several challenges when representing applicants for the enforcement of fundamental human rights in court. This chapter examines these challenges and adopts primary research method. Data were gathered from human rights lawyers via video conferencing platforms: Skype and Zoom. Findings reveal that issues of procedural rules of court and disrespect for court orders are some of the challenges encountered by human rights lawyers. The chapter recommends that judges should avoid placing unnecessary emphasis on the procedural rules of court. In addition, human rights lawyers and non-governmental organizations (NGOs) should maintain continuous advocacy for the enforcement of fundamental human rights towards holding government and its agencies more accountable for disrespect of court orders.

Non-governmental organizations in Russia and abroad: actual issues of legal status and functioning

10.12737/1930 ◽  
2013 ◽  
Vol 1 (2) ◽  
pp. 87-93
Author(s):  
Владлена Лысенко ◽  
Vladlena Lysenko
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
International System ◽  
Legal Framework ◽  
Scientific Article ◽  
Freedom Of Association ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Definition Of ◽  
The Right

The author has attempted to look at the phenomenon of non-governmental organizations from international and national legal points of view, to investigate the legal nature, place and role of NGOs in contemporary constitutional and international system, to explore and identify various forms and ways of the right for association, to analyze international legal and national sources on the topic, compare them and draw appropriate conclusions. The article analyzes the problems of civil society and human rights in the domestic and international legal dimension. Given the different definitions and approaches to the study of the legal status and activities of non-governmental organizations, this article uses the author’s definition of a public association, which is based on the right of everyone to freedom of association. The paper sets out a number of general theoretical and methodological recommendations to help improve the activities of public associations, the development of the legal framework of their functioning, enhance their prestige and influence among the citizens, a gradual reduction of conflict in society, the achievement of civil, political and legal consensus. Theoretical basis of scientific article are works of Russian and foreign scientists on common issues of law, human rights issues and activities of the legal status of public associations, as well as works on philosophy, sociology, history, political science and international relations.

Evolution of artificial intelligence and its impact on human rights: from sociolegal perspective

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sheshadri Chatterjee ◽  
Sreenivasulu N.S. ◽  
Zahid Hussain
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Government Agencies ◽  
Unique Contribution ◽  
Content Type ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Government ◽  
Unique Study ◽  
Rights Issues

Purpose The applications of artificial intelligence (AI) in different sectors have become agendas for discussions in the highest circle of experts. The applications of AI can help society and can harm society even by jeopardizing human rights. The purpose of this study is to examine the evolution of AI and its impacts on human rights from social and legal perspectives. Design/methodology/approach With the help of studies of literature and different other AI and human rights-related reports, this study has taken an attempt to provide a comprehensive and executable framework to address these challenges contemplated to occur due to the increase in usage of different AI applications in the context of human rights. Findings This study finds out how different AI applications could help society and harm society. It also highlighted different legal issues and associated complexity arising due to the advancement of AI technology. Finally, the study also provided few recommendations to the governments, private enterprises and non-governmental organizations on the usage of different AI applications in their organizations. Research limitations/implications This study mostly deals with the legal, social and business-related issues arising due to the advancement of AI technology. The study does not penetrate the technological aspects and algorithms used in AI applications. Policymakers, government agencies and private entities, as well as practitioners could take the help of the recommendations provided in this study to formulate appropriate regulations to control the usage of AI technology and its applications. Originality/value This study provides a comprehensive view of the emergence of AI technology and its implication on human rights. There are only a few studies that examine AI and related human rights issues from social, legal and business perspectives. Thus, this study is claimed to be a unique study. Also, this study provides valuable inputs to the government agencies, policymakers and practitioners about the need to formulate a comprehensive regulation to control the usage of AI technology which is also another unique contribution of this study.

scholarly journals THE CONTRIBUTION OF NGOS IN ENVIRONMENTAL EDUCATION: AN EVALUATION OF STAKEHOLDERS' PERCEPTION

2016 ◽  
Vol 19 (3) ◽  
pp. 47-66 ◽  
Author(s):  
VIRGÍNIA TALAVEIRA VALENTINI TRISTÃO ◽  
JOSÉ AMÉRICO MARTELLI TRISTÃO
Keyword(s):  
Environmental Education ◽  
Teaching Method ◽  
Public And Private ◽  
Contemporary World ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Social ◽  
Private Sector Organizations ◽  
Social Environmental ◽  
Public And Private Sector

Abstract Environmental education practiced by non-governmental organizations (NGOs) presents itself as a new teaching method directed at changing habits, attitudes and social practices seeking solutions for the social-environmental degradation afflicting the contemporary world. This work seeks to identify the perception and expectations of stakeholders regarding the contribution of NGOs in environmental education. The research was guided by the Delphi method and, as a result, verified that the involved stakeholders understand that environmental education practiced by NGOs must be ample, free, professionalized and directed towards all the segments of society via partnerships with public and private sector organizations.

International Humanitarian Law and Human Rights Law

1993 ◽  
Vol 33 (293) ◽  
pp. 94-119 ◽  
Author(s):  
Louise Doswald-Beck ◽  
Sylvain Vité
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Affairs ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The United Nations

International humanitarian law is increasingly perceived as part of human rights law applicable in armed conflict. This trend can be traced back to the United Nations Human Rights Conference held in Tehran in 1968 which not only encouraged the development of humanitarian law itself, but also marked the beginning of a growing use by the United Nations of humanitarian law during its examination of the human rights situation in certain countries or during its thematic studies. The greater awareness of the relevance of humanitarian law to the protection of people in armed conflict, coupled with the increasing use of human rights law in international affairs, means that both these areas of law now have a much greater international profile and are regularly being used together in the work of both international and non-governmental organizations.

scholarly journals Silencing Their Critics: How Government Restrictions Against Civil Society Affect International ‘Naming and Shaming’

2020 ◽  
pp. 1-22 ◽  
Author(s):  
Hannah Smidt ◽  
Dominic Perera ◽  
Neil J. Mitchell ◽  
Kristin M. Bakke
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Civil Society Organizations ◽  
The Other ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The One ◽  
Naming And Shaming ◽  
Flow Of Information ◽  
Cross National

Abstract International ‘naming and shaming’ campaigns rely on domestic civil society organizations (CSOs) for information on local human rights conditions. To stop this flow of information, some governments restrict CSOs, for example by limiting their access to funding. Do such restrictions reduce international naming and shaming campaigns that rely on information from domestic CSOs? This article argues that on the one hand, restrictions may reduce CSOs’ ability and motives to monitor local abuses. On the other hand, these organizations may mobilize against restrictions and find new ways of delivering information on human rights violations to international publics. Using a cross-national dataset and in-depth evidence from Egypt, the study finds that low numbers of restrictions trigger shaming by international non-governmental organizations. Yet once governments impose multiple types of restrictions, it becomes harder for CSOs to adapt, resulting in fewer international shaming campaigns.

Reports on categorization and classification of human rights violations in Chile (1974–1978)

2018 ◽  
Vol 30 (1) ◽  
pp. 44-63 ◽  
Author(s):  
Marcela Ruiz ◽  
Oriana Bernasconi
Keyword(s):  
Human Rights ◽  
Political Violence ◽  
Social Recognition ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Legal Perspective ◽  
Communicative Process ◽  
Event Based ◽  
The Relationship

This study analyzes socio-discursive categories used to define and classify the political violence exerted in Chilean human rights reports (1974–1978) to understand the emergence of the repertoire of repression and the construction of victimhood as a social recognition and communicative process in Latin America during the 1970s. These reports are addressed as a professional discursive genre produced by non-governmental organizations whose purpose is to denounce the violation of human rights in the context of political controversies as well as in the Chilean totalitarian context. The discursive genre is characterized by objectivity, the credibility of the information, the event-based approach, the use of statistics to establish the type and magnitude of the violation of human rights. The corpus analyzed consists of 44 reports belonging to human rights archives. The statistical section and comments were coded according to narrative categories (participants, action, cause, time and space). The results show the predominance of the legal perspective to classify the violation of human rights, the emergence of the category of enforced disappearance, the relationship with the socio-political context and the categories elaborated to identify patterns of violation of human rights.

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