human rights standards
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2021 ◽  
Vol 10 (2) ◽  
pp. 161-176
Author(s):  
Vitalii Oleksandrovych Serohin ◽  
Svitlana Hryhorivna Serohina ◽  
Liliya Mykolayivna Gryshko ◽  
Kateryna Petrivna Danicheva

Everything about human right is inalienable void of violation from the human race. It is therefore that responsibility of the international community in ensuring the effective preservation and respect of these rights without any threat of violations. In ensuring its recognition and implementation, international standards have been established where there is the need of States parties to these international human right treaties in ensuring its incorporation in its various domestic legislations. The content and specific features of the introduction of international human rights standards into national legislation have been analyzed in the article. The methodological basis of research is a set of general scientific and special methods, in particular, dialectical, historical-legal, epistemological, comparative-legal. International standards for the protection of human rights have been defined as principles and norms enshrined in international regulatory legal acts that define fundamental human rights and freedoms, the obligation of the State to respect them, to assist in their realization, preservation and protection against unlawful encroachments, and to establish liability for their violations and methods of protection. It has been clarified that the procedure of implementation of international human rights standards into national legislation includes the following stages: (i) recognition of human rights by the State and their enshrinement in national legislation; (ii) institutionalization of the standard of human rights protection; (iii) bringing the current legislation in line with the international human rights standard and interpreting the latter; (iv) establishment of measures and means of protection and defense of human rights; (v) determining the procedure for the realization of the enshrined right; (vi) control over the observance of the international human rights standard.


Author(s):  
S. V. Osaulenko

The content of the constitutional right to freedom of association in political parties in Ukraine is one of the elementsof this subjective right. Traditionally, the structure of any subjective right is analyzed in the composition of the subjectsof this right, its object (objects), as well as the content, and constitutional subjective rights are not an exception to thisrule. It should be emphasized that this approach is fully justified and should be followed. In studying the content of theconstitutional right to freedom of association in political parties in Ukraine, the question of distinguishing between theconcepts of “union” and “association” arises.The relevance of the research topic is that European integration processes are currently underway in Ukraine,which provide for the harmonization of national legislation with human rights standards adopted in the EU. It is withinthese processes that the author analyzes and substantiates the need to move to a wider application of the concept of"association" in national legislation and Ukrainian legal literature.So far, experts in constitutional law have not analyzed the issue of distinguishing between the concepts of “union”and “association” in the context of the study of the right to freedom of association in political parties in Ukraine. Inthis regard, in writing the article used works devoted mainly to general issues of the theory of state and law (primarilythe development of professors Krestovskaya, Matveeva), as well as general issues of constitutional law in terms ofsubjective rights (primarily developed by professors Shapoval, Mishyna). We should also take into the account thedissertation for the degree of Candidate of Law, devoted to the constitutional right to unite in political parties, that wassubmitted by A.M. Moiseev on the materials of foreign law and case law.The author argues that the need to distinguish between the concepts of “union” and “association” in relation to theconstitutional right to freedom of association in political parties in Ukraine.The author recommends to abandon the use of the concept of “association of citizens” in favor of the concept of“association” in Art. 36-37 of the Constitution of Ukraine and bring other laws and bylaws in line with the Constitutionof Ukraine, first of all – the Law “On Political Parties in Ukraine”, where in Art. 2 “The concept of a political party”gives this definition. Prospects for further research are to use the same thesaurus used by foreign scholars working inEU countries when studying the right to freedom of association in political parties in Ukraine


Author(s):  
Hanna Hulievska ◽  
Liudmyla Adashys

The article is devoted to the concepts of business and human rights in metamodernism era (postpostmodern), when the contradictory processes of globalization and glocalization of economical and legal relations simultaneously create new opportunities and challenge the actuality and effectiveness of legal mechanisms of promotion of human rights in business field.It is emphasized that despite some progress in promoting the concept of business and human rights,the question whether international and national law is able to oblige businesses to sustain humanrights remains relevant. It is determined that the concept of business and human rights is based onthe categories of public interest, which is realized and taken into account by voluntary commitmentand implementation of relevant obligations of business entities and positive obligations of the statein the field of human rights. The article analyzes political and economic global trends and challenges which influence theconcept of business and human rights. Increasing asymmetry and inequality, changes in the systemof international economic institutions, especially financial, development of digital technologies,contradictory processes of integration and disintegration, expansion of illegal business and migration,the phenomenon of “Black Swans,” global economic crises and the covid -19 pandemic areprompting the necessity to provide sustainable development and social responsibility to business.Emphasis is placed on raising the level of awareness of business about the necessity and expediencyof observing human rights standards not only for ethical reasons, but also as a means of improvingtheir own success and competitiveness.The article also examines the main trends in the development of law which occur under the influenceof globalization and the demand for a new social contract, such as socialization, anthropologizationand ecologization of law, increasing the impact of crises, conflicts, pandemics on the content of law,expanding the scope and range of legal issues. changing the ratio of international and national legalregulation, changes in the subject area, raising the topics of non-state and global law, convergenceof public and private, changes in the system of sources of international law, blending of legal andnon-legal forms of regulation.It is emphasized that one of the trends in the development of international regulation of businessresponsibility in the field of human rights is the demand for more “strict” legal regulation, but thequestion is the realism and effectiveness of “strengthening” the legal force of international acts aboutbusiness responsibility in the field of human rights.The opinion on its own regulatory value of norms of soft law in the given sphere is expressed.


2021 ◽  
Vol 10 (3) ◽  
pp. 98-106
Author(s):  
V.V. Shapovalov (Jr.) ◽  
V.A. Shapovalova ◽  
V.V. Shapovalov

Background. In recent years, the COVID-19 pandemic has spread and is developing in all countries of the world without exception, affecting not only medical and pharmaceutical, but also social, economic, toxicological and criminal aspects. In such conditions, it is of great importance in the field of healthcare and the pharmaceutical industry of Ukraine to improve the system of legal relations "doctor-patient-pharmacist", based solely on the principles of pharmaceutical and medical law. Among the components of medical and pharmaceutical law there is forensic pharmacy, which studies the causes of offenses in the field of healthcare. The purpose of the study was to analyze history of formation and development of forensic and pharmaceutical researches in Ukraine within the organization of pharmaceutical business, drug technology and pharmaceutical law. Materials and methods. Legislative and regulatory documents were used in the study; scientific publications in the field of "forensic pharmacy"; Internet resources. Normative and legal, documentary, historical, bibliographic, forensic and pharmaceutical, comparative and graphic methods of analysis were used. Results. Forensic pharmacy in the world as a scientific field is known and developed since 1946. The article covers the period of 1990-2004. Prominent scientists of Ukraine were of great importance in the formation of forensic pharmacy. The formation of forensic pharmacy began with the generalization of forensic and pharmaceutical practice in historical retrospect "from police chemistry to forensic chemical and pharmaceutical examination – from forensic pharmacy to pharmaceutical law and medical law" with the support of prof. Chernykh V.P. In the period of 1997-2003, the development of forensic pharmacy took place by improving the regulatory and legal support of the control and licensing system of circulation of medicines. Trends in the prevalence of diseases involving uncontrolled and irrational use and abuse of surfactants have been identified. The causal links between drug addiction, substance abuse and crime have been investigated. The interpretation of "potent", "poisonous" substances in the regulations of Ukraine have been improved. It is substantiated that the main indicator of classifying drugs as "potent" and "poisonous" substance is a forensic criterion that qualifies the consequences of irrational use of drugs by severity of injuries: from mild, moderate to severe injuries, or those that caused fatalities. At the next stage (2003-2004) the scientific and theoretical generalization and the new approach to the decision of a problem which is connected with development of scientifically-based principles of optimization of system of the state control over circulation of narcotic drugs, psychotropic substances and precursors were studied. The possibility of participation of a pharmacy specialist (pharmacist-forensic scientist) at the stages of: investigation, pre-trial investigation in forensic chemical and pharmaceutical studies of physical evidence and participation as a forensic expert in a criminal case in court has been researched. Conclusions. It is substantiated that the formation of forensic and pharmaceutical researches within the organization of pharmaceutical business, drug technology and pharmaceutical law in Ukraine has taken place. Further forensic pharmaceutical research needed to harmonize domestic legislation, international human rights standards in the field of health care, legal regulation of the pharmaceutical market and the medical services market.


2021 ◽  
Vol 5 (4) ◽  
pp. 26-44
Author(s):  
Cưong Anh Nguyen ◽  
Hien Thi Do ◽  
Cuong Dinh Nguyen

The article is based on recognized human rights standards, using concrete examples in real life, thus showing the actual picture of human rights in Vietnam today. Vietnam is willing to cooperate and strives to realize the values in the Declaration of Human Rights of the United Nations in 1948 and other international conventions on human rights. It tries to answer questions about human rights in Vietnam: Why is the human rights situation in the country making much progress, although the US still regularly puts Vietnam on the list of countries particularly concerned about human rights? Most importantly, this colorful picture will delve into human rights values that Vietnamese people are enjoying. With vivid images, the article also points out the difficulties that Vietnamese people are going through to join the international community to be more aware of the human rights issues that they actively address.


2021 ◽  
Author(s):  
Nuno Ferreira

The idea of European values has never played a central role in my research. Being a socio-legal scholar focused on human rights issues in the European context, I have always referred more specifically to particular legal rights, especially in relation to children’s rights, refugee rights and various aspects of the right to equality. Yet rights are inextricably linked to values: European societies like to see themselves as cherishing a catalogue of human rights that is central to their identity and every European country has some sort of bill of rights or text of a constitutional nature that contains various fundamental rights. In that sense, my work is also about values: the value of human dignity, of religious freedom, of equality, and so on.I would have immense difficulties defining European values. I suspect one would get as many different answers as different people asked this question. I would like to think that amongst such European values we can include democracy, equality, human dignity, and so on. But that does not mean these values are only, mainly or particularly European in any sense, as many countries and societies around the world also cherish and share such values. There is nothing intrinsically European about these values, and even history can show this, despite pervasive narratives that try to convince us otherwise. Instead, what matters is that these are values that we espouse and protect.European values inevitably have a personal value – in my particular case for several particular reasons. Having been born and grown up in Portugal, where democracy was only re-conquered in the 1970s and slowly solidified in the 1980s, cherishing the right to vote and freedom of speech was always crucial in my mind. And being gay has meant that I was always acutely aware of the importance of equality and the fight against discrimination, not only on grounds of sexual orientation, but on grounds of all other personal characteristics. Moreover, having had the privilege of taking part in several student exchange programmes and being yet another member of the ‘Erasmus generation’, I value immensely the right to education, the right to free movement, intercultural communication and respect for minorities. Despite the limits of cultural relativism and the need to hold on to human rights standards, we need to strive for much better knowledge and understanding of cultural differences.


2021 ◽  
Vol 26 (1) ◽  
pp. 34-60
Author(s):  
Veljko Turanjanin

This paper is focused on several important issues that deal with special investigation measures. The main perspective of the analysis is based on the ECtHR case law on this issue. Two issues are from primary interests: secret monitoring of communication and undercover investigator. Intensive ICT development enables various modern techniques and methods of crime investigation but also results in some new types of crime that could be committed using ICT. Expansion of the fundamental rights and their protection, especially in Europe, raised global awareness of the right to privacy and the need to protect it. Having that in mind, it seems that the main question that should be answered by legislator is: Where is the borderline between the right to privacy and the public interest to investigate or prevent crime and collect evidence? The undercover investigator falls under Article 6 of the Convention and there are different rules on the admissibility of such evidence. Serbian Criminal Procedure Law on some points is in line with ECtHR standards, but some very important provisions, as well as practice, are not.


Author(s):  
Dragan Bataveljić ◽  

The situation in which the mankind found itself at the beginning of 2020 as a result of Covid-19 pandemic has and will have significant impact on human rights on the global level. Namely, the majority of countries worldwide have imposed various measures aimed at combating the pandemic and spreading of virus, like restrictions of free movement, border closures, travel bans within and outside the country, introduction of lockdown and curfew hours, closing of bars and restaurants or restricting of opening hours and the number of customers, etc. What is important to consider here is whether these measures have been imposed based on existing regulations and according to international standards, before all the European Convention on Human Rights and established European values. The pandemic which has spread to entire world and the measures that the countries have imposed aimed at its containment have challenged the compliance with human rights standards worldwide. Therefore it is necessary to conduct a detail analysis and point out to the possible violation of these rights and liberties, as well as to invest additional efforts in adjusting national legislation to European standards and international acts that regulate this matter in order to overcome the new challenges which the pandemic poses in our everyday life. Since January 2020 we have faced the problems related to the freedom of choice since freedom, in its general sense, assumes the freedom of choice for a human being to select an option of his own will and make sovereign decisions.


Author(s):  
Elena Katselli Proukaki

Abstract Preventing the forcibly displaced from returning to the territory from which they were unlawfully expelled has not received adequate attention under international criminal law. This article addresses this gap by focusing on denial of return as a crime against humanity. It evaluates international criminal jurisprudence including the proceedings concerning the Rohingya and evolving human rights standards to show that prevention from returning is a serious and continuing denial of fundamental human rights which inflicts great suffering. As such, it may qualify as persecution and/or an inhumane act under the Rome Statute. The ramifications of this on the temporal and territorial jurisdiction of the International Criminal Court and the principle of legality are important especially in situations of protracted displacement. The article demonstrates that although criminalisation of denial of return is not a panacea, it is instrumental in tackling forced displacement which affects millions across the world.


2021 ◽  
Vol 22 (2) ◽  
pp. 150-185
Author(s):  
Aekje Teeuwen

Abstract Delays pending trials can negatively impact juveniles. Encouragingly, the right of juvenile defendants to be tried within a reasonable time has been enshrined in international and regional human rights instruments. To support and strengthen the realisation of this specific right, several additional procedural entitlements, to which existing scholarship has paid limited attention, are of importance. This article focuses on how the rights to an effective remedy and legal representation can support the fulfilment of expeditious trials for juveniles. Furthermore, it analyses to what extent these two identified rights have been incorporated into significant international human rights standards and, specifically, in the Cambodian, Philippine and Vietnamese legislative frameworks. It identifies lessons Cambodia can draw from the latter two countries.


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