scholarly journals The Protection of the Rights to Life and Health in Emergencies: An Examination of the Handling of Covid-19 Pandemic in Nigeria

2021 ◽  
Vol 8 (2) ◽  
pp. 259-279
Author(s):  
BONTUR LUGARD Sunday
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Law Enforcement ◽  
Video Camera ◽  
Law Enforcement Agencies ◽  
Continuous Training ◽  
Moral Duties ◽  
Entire Society ◽  
The Right ◽  
The Impact

The Coronavirus Disease (COVID-19) is inarguably the most disrupting occurrence in human affairs since the World War II. This virus left governments, communities and systems with the legal, social and moral duties to protect from its impacts. However, some of the approaches adopted towards protecting the victims, potential victims, and the entire society, especially in Nigeria, caused more harm than the disease itself. This work reviews the impact of the curtailment measures adopted by governments in Nigeria and their adverse bearing on human rights, especially the right to life as a sacrosanct and universal right. It further examines how law enforcement agencies’ operations - within the confines of the institutional and international best practices - their non-adherence to the rules of engagement or principles of ethical operations have resulted in the violation of human rights, rather than protecting them. It also analyses the impact of the virus on the right to health and access to medical facilities in times of emergencies in Nigeria and concludes that both rights were either violated or not realized within the context of the ‘war’ against the COVID-19 pandemic. This work advocates for the continuous training on human rights responsibilities of law enforcement agents, a more rigorous recruitment process with a minimum qualification from school certificate to ordinary national diploma, the use of video camera in the course of operations, among others that would help safeguard the rights of citizens in times of emergencies like the COVID-19.

scholarly journals Powers of the prosecutor during pretrial proceedings to protect the rights of victims of crimes

2021 ◽  
Vol 7 (3) ◽  
pp. 89-93
Author(s):  
Lilia R. Komarova ◽  
Mikhail V. Kolesov
Keyword(s):  
Law Enforcement ◽  
Positive Impact ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Law Enforcement Agencies ◽  
The Status ◽  
The Right ◽  
The Impact

The article substantiates the need to change the criminal procedural legislation that regulates the powers of the prosecutor and the status of the victim and gives the prosecutor the right to initiate a criminal case. The proposed changes in the procedural powers of the prosecutor are also considered through the prism of organizing the activities of law enforcement agencies and the impact of statistical reporting indicators on their activities. The experience of prosecutorial and investigative practices and the opinion of distinguished domestic legal scholars are analyzed. The changes proposed by the authors could have a significant positive impact on the work of preliminary investigation bodies and reduce the number of violations committed during preliminary investigation stages. In addition, bringing the status of the prosecutor and the preliminary investigation bodies into a logical procedural position could eliminate unnecessary and inherently harmful corporate competition.

Extra-judicial killings and human rights law: Bangladesh perspective

2017 ◽  
Vol 59 (6) ◽  
pp. 1116-1125 ◽  
Author(s):  
Md Sazzad Hossain
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
Law Enforcement Agencies ◽  
International Human Rights ◽  
Content Type ◽  
International Human ◽  
The Right

Purpose The main purpose of this paper is to explore the extra-judicial killing situation in Bangladesh by analyzing both national and international human rights law. In addition, this paper will also identify the remedy that is available for the victim’s family for extra-judicial killing by law enforcement agencies, especially the Rapid Action Battalion of Bangladesh. Design/methodology/approach This is a qualitative research where both primary and secondary sources have used to identify the situations of extra-judicial killings in Bangladesh, the human rights instruments and the judicial activism to protect human rights. Findings This paper will show impunity of the law enforcement agencies increasing the number of extra-judicial killings of citizens, by violating the Constitutional and International human rights law that deal with “right to life”. The state sovereignty is not hindering the implementation of the international law, but the judiciary of Bangladesh needs to be more efficient in protecting citizens’ human rights, along with bringing criminal prosecution against members of the law enforcement agencies, by providing “effective and adequate” remedy to the victim’s family. Research limitations/implications While analyzing the “right to life” under the International Human Rights Conventions, this paper will only deal with the UDHR and the ICCPR, as Bangladesh has ratified those Conventions. Originality/value This paper will add value to identify the present rights of the citizen under domestic and international law and to incorporate new legislation through finding the lack of present legislation to protect the right to life and remedy for extra-judicial killings in Bangladesh.

APPLICATION OF FIREARMS AS ONE OF THE MEANS OF COORDINATION BY THE STATE WITHIN THE COMPETENCE OF EMPLOYEES OF INTERNAL AFFAIRS

2021 ◽  
Author(s):  
Vladymyrov M. ◽  
Paliukh V.
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Social Groups ◽  
Law Enforcement Officers ◽  
The State ◽  
Law And Order ◽  
The Rule Of Law ◽  
The Right ◽  
The Impact

The article considers the main competencies of law enforcement officers who have the right to use firearms, as a force representing the state to maintain law and order, and prevent violations of human rights and security, which allows to determine the levels of possible use of firearms as a form of coercion and influence on civil society, as well as to identify its subjects and objects - to identify all participants in such a process, and the impact on large social groups in order to comply with the rule of law in society.

scholarly journals Theoretical aspects of the European Court of human rights interpretation of the right to life in the context of law enforcement

2019 ◽  
Vol 7 (3) ◽  
pp. 36-40
Author(s):  
Valeriy Konnov
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Social Consequences ◽  
Right To Life ◽  
Law Enforcement Agencies ◽  
European Court ◽  
Legal Nature ◽  
Law Enforcement Officials ◽  
The Right

The article consider analyses some legal positions of the European Court of Human Rights which connected with the actions of law enforcement officials resulted with the death of suspects during detention. The author made the conclusion that a global understanding by the ECHR of the right to life doesn’t pay attention to the objective legal nature of criminal threats. The ECHR provides the idea that law enforcement agencies play the role of defender of society, but they don’t work as a power tool designed to protect specific actions that could entail social consequences.

scholarly journals The European Court of Human Rights as Part of Criminal Procedural Legislation of Ukraine

2020 ◽  
Vol 90 (3) ◽  
pp. 235-244
Author(s):  
О. С. Розумовський ◽  
О. О. Кочура
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Supreme Court ◽  
Practical Implementation ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
European Court ◽  
The Supreme Court ◽  
Grand Chamber ◽  
The Right

The author has studied the issue of the origin and formation of the European Court of Human Rights after the Second World War, steps in the establishment and development of this Court, as well as the actions of the Member States to consolidate the development of the European Court of Human Rights at specialized conferences with the support of the Committee of Ministers. The list of regulatory and legislative acts adopted by the Verkhovna Rada of Ukraine for the establishment of the rule of law in regard to the understanding of human rights in the activities of Ukrainian courts has been researched. Since the Convention for the Protection of Human Rights and Fundamental Freedoms has become part of national legislation after its ratification by the Verkhovna Rada of Ukraine, more detailed study should be conducted regarding the urgent task of fully understanding the content of this international treaty and the main mechanisms for implementing its norms. The author has analyzed the implementation of the case law of the European Court of Human Rights on the example of its specific decisions into criminal procedural legislation of Ukraine by applying the decisions of the European Court of Human Rights by the Grand Chamber of the Supreme Court in its activities and problematic aspects of their practical implementation. Particular attention has been paid to the study of problematic aspects of the use of these decisions in practice by highlighting the rulings of the Grand Chamber of the Supreme Court issued in 2019. The author has analyzed the decisions of the European Court of Human Rights in regard to the conducted secret (search) actions by law enforcement agencies with further disclosure ob obtained evidence to the defense party; it has been also pointed out that the right to disclose evidence contained in criminal proceedings is not absolute to the defense and may be limited only in cases when there are the interests of national security, information protection or witness protection concerning the methods and forms of law enforcement agencies’ activity. The author has made propositions to resolve certain situations related to the implementation of the decisions of the European Court of Human Rights in Ukraine.

scholarly journals DAMPAK DARI PENETAPAN UU NOMOR 26 TAHUN 2000 TERHADAP KEJAHATAN KEMANUSIAAN DAN GENOSIDA DI INDONESIA

2016 ◽  
Vol 15 (2) ◽  
Author(s):  
ANWAR HAFIDZI
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Ad Hoc ◽  
Human Rights Violations ◽  
Human Being ◽  
Large Numbers ◽  
Take Back ◽  
The Right ◽  
The Impact

Until now several media in Indonesia is still preaching about violence in the name of religion, the burning of places of worship, Lapindo victims are still homeless, and many more events that involve the community in large numbers. Every human being has the right to live, but whether the appropriate law enforcement or still need improvement. This brief article will look at the impact of Law Number 26 on 2000 regarding Human Rights Court and its relevance to law enforcement. With the enactment of this Act, at least provides an opportunity to take back the cases of gross human rights violations that had occurred before the article appeared 43,44,46 of the Ad-hoc human rights court. Of course in the end, it is required for the support of law enforcement of?cials, political in?uence and a role of the community to criminalize of human rights although it is still the absence of explicit provisions in its implementation.

scholarly journals Formation of a human-centric approach to the prevention of torture in Ukraine

2021 ◽  
pp. 24-27
Author(s):  
Khrystyna YAMELSKA
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Human Dignity ◽  
Special Problem ◽  
Fundamental Rights ◽  
European Convention ◽  
Political Rights ◽  
Law Enforcement Agencies ◽  
Legal Ideology ◽  
The Right

The paper is concerned with the role of key international human rights standards and soft law instruments of the Council of Europe in the preventing ill-treatment of persons deprived of their liberty in the context of the human centrist approach. The paper determine the purpose of the formation of human-centric legal ideology in Ukraine, which is the creation of a mechanism of effective restriction of public power in the interests of protecting the fundamental rights. The paper is dedicated to the doctrine of human-centric legal ideology in Ukraine and its human dignity key element. Considering the fact that the process of forming a democratic human-centric legal ideology in Ukraine is still not complete, the paper highlights the cases of mass violations of fundamental human rights by law enforcement agencies, where a special problem is the illegal practice of law enforcement agencies against human dignity. One of its case is the ill-treatment and use of torture against persons deprived of their liberty. The paper highlights the ways to protect the right to dignity through the prism of legislative activity of government bodies and advocacy of civil society institutions. The Article 28 of the Constitution of Ukraine, which establishes the right to respect for human dignity as one of the key values of the Ukrainian legal system, is revealed. The category of dignity is revealed through the prism of Articles 5 of the Universal Declaration of Human Rights of December 10, 1948, Articles 7 and 10 of the International Covenant on Civil and Political Rights of December 16, 1966 and Article 3 of the European Convention on Human Rights of November 4, 1950. Judgments of the European Court of Human Rights, acts of the European Committee against Torture.

The Origins of Human Rights in Global Health

2018 ◽  
Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier
Keyword(s):  
Public Health ◽  
Human Rights ◽  
World War Ii ◽  
Global Health ◽  
International Law ◽  
Right To Health ◽  
Right To Health Care ◽  
Global Standards ◽  
The Right

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international law as a normative basis for public health. By addressing public health harms as human rights violations, international law has offered global standards by which to frame government responsibilities and evaluate health practices, providing legal accountability in global health policy. The authors trace the historical foundations for understanding the development of human rights and the role of human rights in protecting and promoting health since the end of World War II and the birth of the United Nations. Examining the development of human rights under international law, the authors introduce the right to health as an encompassing right to health care and underlying determinants of health, exploring this right alongside other “health-related human rights.”

Procedural fairness: Between human rights law and social psychology

2021 ◽  
pp. 092405192199274
Author(s):  
Cathérine Van de Graaf
Keyword(s):  
Human Rights ◽  
Procedural Justice ◽  
Well Being ◽  
Fair Trial ◽  
European Convention ◽  
Public Confidence ◽  
Social Psychological ◽  
Justice Research ◽  
The Right ◽  
The Impact

Fair procedures have long been a topic of great interest for human rights lawyers. Yet, few authors have drawn on research from other disciplines to enrich the discussion. Social psychological procedural justice research has demonstrated in various applications that, besides the final outcome, the manner in which one’s case is handled matters to people as well. Such research has shown the impact of procedural justice on individuals’ well-being, their acceptance of unfavourable decisions, perceptions of legitimacy and public confidence. The ECtHR has confirmed the desirability of these effects in its fair trial jurisprudence. Thus far, it remains unclear to what extent the guarantees offered by Article 6(1) of the European Convention on Human Rights (the right to a fair trial) coincide with the findings of empirical procedural justice research. This article aims to rectify this and uncover similarities between the two disciplines.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

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