scholarly journals Constitutional legal peculiarities of information censorship in social networks

2021 ◽  
pp. 86-98
Author(s):  
Aleksandr Aleksandrovich Maksimov
Keyword(s):  
Social Networks ◽  
Human Rights ◽  
Law Enforcement ◽  
The United States ◽  
Legal Regulation ◽  
The Internet ◽  
Political Rights ◽  
Legal Analysis ◽  
Legal Provisions ◽  
The Right

The subject of this article is the Russian and foreign legislative norms, materials of law enforcement practice, user policy agreements, scientific literature on the topic, and reports of the international organizations on human rights. The object of this research is the legal relations that regulate the existing mechanisms of information censorship on the Internet. The research contains a detailed historical-legal analysis of the mechanisms and principles of the implementation of regulation of the right to freedom of speech in the United States, with emphasis on the law enforcement practice. The author examines the latest Russian model of restrictions on the distribution of information, as well as the mechanism for preventing violations of the basic human rights and freedoms, which limits the possible impact on the exercise of political rights in the territory of the Russian Federation. The scientific novelty consists in the detailed analysis of previously unstudied aspects of restriction of information realized by the administration of social networks. In the course of this work, the author explores various approaches towards understanding the term censorship, as well as the constitutional legal peculiarities of information censorship on the Internet. The author proposes ways to develop legal provisions that regulate the exercise of rights in this sphere. The conclusion is made that on the need for development and legislative consolidation of the standards for user policy agreements, taking into account all available recommendations. The author makes proposals on improving the constitutional legal regulation of the right to information.

scholarly journals Human Right to Internet Access in Healthcare in the “Right to Health Concept”: Legal Issues

2021 ◽  
Vol 10 (2) ◽  
pp. 286
Author(s):  
Oleksandr Shevchuk ◽  
Valentyna Zui ◽  
Ivanna Maryniv ◽  
Svitlana Davydenko ◽  
Sergii Mokhonchuk
Keyword(s):  
Human Rights ◽  
Medical Information ◽  
Legal Regulation ◽  
Right To Health ◽  
Healthcare Sector ◽  
Medical Information System ◽  
Fourth Generation ◽  
The Internet ◽  
Human Right ◽  
The Right

This work reveals the features of the administrative and legal regulation of the human right to access the Internet in the “concept of the right to health”. It is emphasized that the basis of the legal regulation of the human right to access the Internet in the "concept of the right to health" should be the recognition of the principles of the priority of human rights and freedoms, adequate state control, ensuring the choice of criteria that make it possible to realize accessibility, anonymity, and minimize the collection and processing of personal data about the patient. The structure of Internet relations in relation to the healthcare sector has been established, their analysis has been carried out, their object has been established. Legal constructions have been formulated: "information", "Internet" in the norms of international and national regulatory legal acts, as well as the terms "e-Health", "electronic cabinet", "electronic medical information system", the author's definition of "the right to access the Internet in the field of health care ". It has been established that the human rights to access the Internet in the “concept of the right to health” should be attributed to the fourth generation of human rights. The concept of "telemedicine" is formulated, their forms are disclosed, the stages of the evolution of legislation are established, and the problems of their legal regulation in the context of human rights are indicated. It is concluded that the consolidation of the right to access the Internet at the level of the Constitution of Ukraine is a necessity.

scholarly journals Ensuring a Balance Between Public and Private Interests in the Implementation of Quarantine Measures

2020 ◽  
Vol 9 (2) ◽  
pp. 317-340
Author(s):  
Yaroslav Lazur ◽  
Tetyana Karabin ◽  
Oleksander Martyniuk ◽  
Oleksandr Bukhanevych ◽  
Oksana Kanienberh-Sandul
Keyword(s):  
Human Rights ◽  
Common Good ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Interests ◽  
Fiscal Stimulus ◽  
Private Interests ◽  
Private And Public ◽  
The Government ◽  
The Right

Under the influence of the spread of coronavirus infection, the world community has faced difficult challenges that provoke changes in the seemingly already stabilized legal regulation, putting at risk the settlement of human rights and the common good. The study aims to find effective mechanisms for balancing human rights and public interests in the context of their legal regulation. Specifically, this study is focused on the mechanisms of balancing private and public interests in the implementation of quarantine measures in the Covid-19 pandemic. The research methods were both general scientific and special methods, in particular: formal legal, historical and legal, analysis and synthesis. To perform the tasks of the work, the following structure was used: after some initial precisions, there are provided some considerations about the fiscal stimulus measures and about the exercise of the right of derogation; then, the study deals with the problem of lawmaking in a pandemic; and finally it is considered the threats to intellectual property in the sphere of healthcare. The results of the work show that the pandemic has seriously hit the balance between private and public interests. The public interests of the government and society have become a priority, but in many cases, the measures that infringe private interests are disproportionate, untimely and inefficient.

scholarly journals Human dignity as a fundamental basis and a practical tool of “right to hope” in criminal law

2021 ◽  
pp. 23-30
Author(s):  
Slipachyk Slipachyk
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Legal Regulation ◽  
Scientific Article ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
The Right

The scientific article focuses on the analysis of a sentence of life imprisonment without a realistic prospect of release in Ukraine as a violation of the “right to hope” in the context of the human dignity category. The study provides an overview of approaches to the definition of human dignity in national legal doctrine and practice, a historical and legal analysis of the origins of legal regulation of the idea of ​​respect for human dignity in international legal acts, and analyses the constitutional stages of the evolution of this concept as a matter of international law. The author has reviewed the jurisprudence of the European Court of Human Rights on this issue and studied the reasons of the Court on setting standards for acceptable treatment of a person through the lenses of human dignity and the inadmissibility of inhuman and degrading offences. Taking into account these standards, a critical assessment has been carried out, in particular, of the judicial practice of the Federal Republic of Germany on the application to a prisoner of such a type of punishment as preventive detention with indefinite duration. Emphasis has been given to the national judicial practice in cases of possible releasing life-sentenced prisoners in the conclusions of the Grand Chamber of the Supreme Court and the decision of the Constitutional Court of Ukraine on this issue. Based on the results of the study, a set of measures, including amending the legislation to bring it in line with the requirements of European human rights standards to protect human dignity and ensure the “right to hope” has been offered.

Human Rights

2013 ◽  
Author(s):  
Joseph M. Wronka
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Well Being ◽  
The United States ◽  
Political Rights ◽  
Periodic Review ◽  
Cultural Rights ◽  
Rights Of The Child ◽  
Guiding Principles ◽  
The Right

At the heart of social work, human rights are a set of interdependent guiding principles having implications for meta-macro (global), macro (whole population), mezzo (at risk), micro (clinical), meta-micro (everyday life), and research interventions to eradicate social malaises and promote well-being. They can be best understood vis-à-vis the UN Human Rights Triptych. This consists of the Universal Declaration of Human Rights, increasingly referred to as customary international law on the center panel; the guiding principles, declarations, and conventions following it, on the right panel—like the conventions on the Rights of the Child (CRC), Elimination of Racial Discrimination (CERD), and Elimination of Discrimination Against Women (CEDAW); and implementation mechanisms, on the left panel—like the filing of country reports on compliance to conventions, the Universal Periodic Review, thematic and country reports by special rapporteurs, and world conferences. Briefly, this powerful idea, which emerged from the ashes of World War II, emphasizes five crucial notions: human dignity; non-discrimination; civil and political rights; economic, social, and cultural rights; and solidarity rights. Whereas this article emphasizes issues pertaining to the United States, it touches upon other countries as appropriate, calling for a global vision in the hopes that every person, everywhere, will have their human rights realized. Only chosen values endure. The challenge, through open discussion and debate, is the creation of a human rights culture, which is a lived awareness of these principles in one's mind, heart, and body, integrated dragged into our everyday lives. Doing so will require vision, courage, hope, humility, and everlasting love, as the indigenous spiritual leader Crazy Horse reminds us.

Djamel Ameziane v. U.S.A., Report No. 29/20, Case 12.865 Merits, (Inter-Am. Comm'n H.R.)

2020 ◽  
Vol 59 (6) ◽  
pp. 941-1012
Author(s):  
Christina M. Cerna
Keyword(s):  
United States ◽  
Human Rights ◽  
The United States ◽  
Constitutional Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
Optional Protocol ◽  
International Body ◽  
The Right

On April 22, 2020, the Inter-American Commission on Human Rights (Commission) issued its first decision on one of the Guantanamo detainees, Djamel Ameziane, an Algerian Muslim who was held at Guantanamo for almost 12 years until he was deported to Algeria in 2013, in violation, inter alia, of the principle of non-refoulement. The case was brought on Mr. Ameziane's behalf by the Center for Constitutional Rights (CCR) and the Center for Justice and International Law (CEJIL), and the decision is very comprehensive and carefully written, as is to be expected of a decision totaling 70 pages. Although the United States became a party to the UN Covenant on Civil and Political Rights in 1992, it never accepted the first Optional Protocol, which gives individuals the right to bring complaints against the United States before the U.N. Human Rights Committee; consequently, the only international body to which an individual can bring a complaint against the United States for a violation of international human rights law is the Inter-American Commission on Human Rights, a principal organ of the Organization of American States (OAS).

scholarly journals Intelligence bodies of the state in the mechanism of ensuring the constitutional rights and freedoms of man and citizen: international standards and legislation

2020 ◽  
pp. 6-18
Author(s):  
Yuriy Voloshyn ◽  
Vladimir Proschayev
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Constitutional Rights ◽  
Full Member ◽  
Legal Provisions ◽  
Intelligence Agencies ◽  
The Law ◽  
The Right

The place and role of state intelligence bodies in the mechanism of ensuring constitutional rights and freedoms of man and citizen according to international standards and in the light of the newly adopted Laws of Ukraine «On the Foreign Intelligence Service of Ukraine» and «On Intelligence» are studied. It is proved that in Ukraine, as in other post-Soviet states that did not have intelligence legislation, but began to create it after the declaration of independence, the process of constitutional and legal regulation of intelligence agencies consisted of four stages (transitional, initial, basic and modern). Describing each stage, the authors stressed that the Ukrainian legislator is now in the fourth stage, which is characterized by the improvement of already adopted legislation on intelligence activities or the adoption of completely new laws based on new versions or amendments to constitutions (basic laws). It is emphasized that Ukraine has been one of the first states in the territory of the former USSR to adopt the fourth (modern) stage since the adoption of new legislative acts on the activities of intelligence agencies. Undoubtedly, the impetus for this was the amendment of the Constitution of Ukraine on the strategic course of the state to become a full member of Ukraine in the European Union and the North Atlantic Treaty Organization, which radically changed the direction and direction of intelligence use of available forces and means. It is noted that the newly adopted legislation was developed not out of thin air, but based on a set of already adopted regulations that fully reflect the complex threatening situation around Ukraine and clearly indicate the place of intelligence agencies in a single system of national security. It was necessary to summarize all the adopted preliminary normative material and summarize it in new legislative acts, which would in a new way regulate all issues of intelligence functioning in modern difficult conditions. The main positive points in the newly adopted laws are identified, namely: 1) granting categories that were previously used only in the theory of intelligence, the status of legal categories, which indicates the beginning of the process of forming a completely new set of special legal terms; 2) inclusion in the text of a separate article on the observance of human rights and freedoms in the conduct of intelligence activities; 3) inclusion in the Law of Ukraine «On Intelligence» of a separate section on the peculiarities of democratic civilian control over intelligence; 4) granting the right to intelligence agencies to conduct intelligence affairs. It is proposed to consider in the Ukrainian legislation some legal provisions of the legislation of European countries regarding parliamentary control, which, according to the authors, will significantly increase the effectiveness of control. It is substantiated that the Law of Ukraine «On Intelligence» should contain: - a list of principles of intelligence activities must be defined; - the obligation of the authorized judge of the court to draw up a decision on the refusal to grant permission to conduct an intelligence event is more correctly formulated; - the right of intelligence agencies to provide training, retraining and advanced training of persons involved in confidential cooperation, in the manner prescribed by law for intelligence officers, is more clearly defined. It is concluded that the newly adopted laws provide comprehensive guarantees of compliance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and fully reflect the needs of intelligence agencies in the legal regulation of their activities in modern conditions.

The Right to Health

2018 ◽  
Author(s):  
Audrey R. Chapman
Keyword(s):  
Human Rights ◽  
The United States ◽  
Right To Health ◽  
Political Rights ◽  
Political Commitment ◽  
International Human Rights ◽  
Cultural Rights ◽  
International Human ◽  
The Right ◽  
Human Rights Standards

The right to health and health services is generally framed as the right to the highest attainable standard of health. Like other human rights, the right to health confers to all people specific entitlements and imposes duties on governments to protect and promote them. It reflects a broadened sense of governmental responsibility for the welfare of its citizens and a more inclusive understanding of human rights. All countries, including the United States, have ratified at least one binding human rights convention that includes a provision on the right to health. The Universal Declaration of Human Rights, adopted by the United Nations more than six decades ago, has given rise to a series of international human rights instruments that legally obligate states to implement their provisions. The two most important of these are the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. Despite substantial progress, a number of issues still need to be addressed for the realization of the right to health, such as the lack of political commitment on the part of many states with regard to implementation and the weakness of the international human rights system. Furthermore, many states which have ratified international or regional human rights instruments that recognize a right to health or have relevant constitutional provisions still do not invest the necessary resources or apply human rights standards to the framing of health policies.

Human Rights

Criminology ◽  
2009 ◽  
Author(s):  
Jay S. Albanese
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Civil Rights ◽  
The United States ◽  
Social Philosophy ◽  
Political Rights ◽  
Human Beings ◽  
Civil And Political Rights ◽  
The Right ◽  
Criminology And Criminal Justice

The concept of human rights is an old idea, but its application to criminology and criminal justice is fairly new. Human rights are those rights seen as being fundamental freedoms to which all human beings are entitled. In the United States, they are referred to as civil rights, most of which are enumerated in the U.S. Constitution’s Bill of Rights and which include freedom of speech, assembly, privacy, equality before law, and other civil and political rights. Other countries have similar lists of rights guaranteed to all citizens. The notion of human rights goes beyond civil and political rights, however, and also commonly includes the right to opportunities for work, education, and fair treatment in all aspects of life. Writings on human rights cover centuries, consisting of many works of political and social philosophy that provide the basis for natural and individual rights in the face of the greater power of governments. Many of these classic works are summarized in other reference works, such as The Encyclopedia of Human Rights and The Oxford Handbook of Political Theory, both cited in this entry. This guide to sources focuses on contributions to human rights literature and their connections to criminology and criminal justice.

Co-creation in North American and European digital native media: Web, social networks and offline spaces

Journalism ◽  
2020 ◽  
pp. 146488492098469
Author(s):  
José Sixto-García ◽  
Ana Isabel Rodríguez-Vázquez ◽  
Xosé Soengas-Pérez
Keyword(s):  
United States ◽  
Social Networks ◽  
Freedom Of Expression ◽  
The United States ◽  
The Internet ◽  
Digital Native ◽  
The Media ◽  
Web Social ◽  
The Right ◽  
To Receive

Organisations from various productive sectors are increasingly involving their audiences in their co-creation processes, both for production and for the ideation and marketing of the products they offer. This research analyses this issue in native digital newspapers, offering a comparative perspective between Europe and the United States. The co-creation options that these newspapers, developed on and for the internet, provided to their readers, are investigated in the three scenarios in which it is possible to co-create: via web, social networks and offline spaces. The findings indicate that the spaces enabled for co-creation are still residual and that the media should continue to value citizen’s contributions, and carrying on incorporating those contributions within their agendas, thus protecting freedom of expression, as well as the right to receive truthful information.

Drone Deaths Violate Human Rights: The Applicability of the iccpr to Civilian Deaths Caused by Drones

2017 ◽  
Vol 6 (2) ◽  
pp. 205-241
Author(s):  
Jessica Lynn Corsi
Keyword(s):  
Human Rights ◽  
The United States ◽  
Political Rights ◽  
Humanitarian Law ◽  
Right To Life ◽  
Customary International Law ◽  
Legal Context ◽  
Drone Strikes ◽  
The Right ◽  
And Control

This article argues that the thousands of lethal drone strikes conducted since 2001 violate the International Covenant on Civil and Political Rights (iccpr), and in particular, the right to life. The analysis provided is also applicable to the right to life enshrined in customary international law and regional human rights treaties. While most legal and academic commentary on deaths caused by drones has focused on an international humanitarian law (ihl) framework—perhaps because the primary weaponised drone user, the United States, insists that this is the appropriate legal context—this article argues that a human rights framework for assessing lethal drone strikes is preferable, useful, and necessary. Not only is it likely that the so-called war on terror is a semantic rather than a legal war, the iccpr continues to apply during conflict. Moreover, opacity surrounds most lethal drone strikes, which the Trump administration appears likely to increase, while simultaneously reducing Obama-era safeguards. In that context, a human rights assessment, which will be inherently more stringent towards fatalities than an ihl framework, is urgently needed. The article concludes that the right to life attaches to everyone regardless of the territory in which they are targeted; that effective jurisdiction and control is satisfied upon ability to lethally target an individual; that relevant iccpr rights apply in ungoverned territories as well; and that the threat of terrorism does not displace these rights or the applicability of the iccpr.

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