CONTROL OVER THE SECURITY SERVICES AS AN INDICATOR OF THE POLITICAL SYSTEM

The main objective of the study is to examine the depiction of democratic and human rights abuses in Amelmal’s, Yältäkoäche Guzo (Unfinished Journey). One of the considerable importances of literature all over the world is its use of sympathetic and attractive literary language to expose basic human right abuses since human rights are also part of human life. Therefore, analyzing the roles of literatures that are written in Amharic language in portraying basic human rights violations is paramount. However, literatures written in Amharic language are not well studied from human rights violation perspectives. This article, therefore, explores how the violations of basic human rights are depicted in the selected novel. Because there was no computable data used, the study considered qualitative research method. Regardless of the system by which a country is ruled, human rights are inviolable because they are innate. The analysis of the novel, however, depicts that the inviolable human and democratic rights of human beings have been violated. The finding of the study showed that the depiction of human and democratic rights violations was explicit. It showed that people’s rights to life, rights to equality, rights to liberty, and rights to election were abused during the two political regimes.

Ratner, Steven R. <i>The Thin Justice of International Law: A Moral Reckoning of the Law of Nations</i>.New York: Oxford University Press, 2015. Pp. 496. $85.00 (cloth).

The conceptions of the anthropological bases of natural human rights and current views of scientists, are investigated in this paper. The ideas how to improve the anthropological conception of natural human rights are offered in this paper. Fundamental theories of origin of natural human rights, which contain the anthropological approach to understanding the concept of human rights, and their incipience are analysed. It is ascertained, that every of existing approaches to anthropological understanding the concept of natural human rights has some disadvantages, caused by the multiform of the category ‘human rights’. The purpose of this scientific paper is to investigate the conceptions of the anthropological bases of natural human rights and current views of scientists, to offer the ideas how to improve the anthropological conception of natural human rights. It is offered to determine the anthropological basis of natural human rights on two points: 1) from the position of a single individual and peculiarities, which are inherent to a person regardless of social environment. Anthropological basis consists in aspiration of every single person for keeping the individuality and providing the worthy living conditions; 2) from the position of society, because every individual has an interest in setting up of some legal rules, which would improve the quality of living within society, protect the private life from infringement, establish the boundaries of sphere in which society and state may interfere. It is proved that anthropological and legal basis of natural human rights depends on legal culture, that is formed during the certain historical period in a definite country. It is ascertained, that the assertion that natural human rights are invariable, can be considered as erroneous, because the interpretation of the basic human rights is changing together with the changing of direction of legal conception. The issue that anthropological basis of human rights can be used to restrict some rights is considered. It is reasoned that it is important to take into consideration during the determination the anthropological basis of natural human rights, that definition of human nature does not exist. It is considered that anthropological and legal basis of natural human rights is perspective field for further researches, because scientific discussion about the origin and essence of human rights is not complete. It is proved that it is impossible to make an impartial determination of the essentiality of the human rights only on the base on one scientific approach, due to the versatility of the category human rights. Keywords: anthropological basis, natural human rights, natural legal understanding, essentiality of the human rights.

INTRODUCTION From Nike to Coca-Cola to Apple, the emergence of the corporate social responsibility (CSR) movement has led to the recognition of a duty on the part of multinational corporations (MNCs) to work to prevent and remedy human rights violations committed by their foreign subsidiaries and suppliers, regardless of where in the world the violations occur. The international community must now strengthen and utilise the momentum of the CSR movement and apply such a human rights framework to the problem of corruption in global supply chains. On the heels of more than a decade of calls for the recognition of a human right to live free of corruption, United States President Barack Obama lent legitimacy to the concept when he referred to pervasive corruption as a ‘violation of basic human rights’ in 2010. In the years preceding and since, a fair amount has been written about whether such a right exists and if so whether it could be deemed to bind corporations such that any causes of action arising there from could be adjudicated in an international or domestic court of law. This chapter accepts the prevailing view that international human rights protections generally do not bind corporations as a matter of hard law (with some notable exceptions). However, it also maintains that there is effectively an indirect, derived right to live in a corruption-free society, resulting from the relationship between corruption and human rights violations, i.e. systemic corruption frequently leads to and may cause violations of human rights. It further maintains that this right applies to corporations under John Ruggie's ‘Protect, Respect and Remedy’ framework (hereafter the Ruggie Framework or the Framework) and therefore must be incorporated into corporations’ CSR policies and internal compliance. While dispute remains as to whether corruption itself constitutes a human rights violation, it is certainly the prevailing view that systemic corruption entails and precipitates human rights violations. It follows that in order for companies to comply with their duty to respect human rights under the Ruggie Framework, those companies must prevent corruption from occurring within their supply chains. It is not possible to respect human rights without preventing corruption; therefore companies cannot be said to sufficiently respect human rights in their supply chains without making affirmative efforts to prevent corruption therein.

Distorting boundaries, amalgamating perspectives: A proposed integration of international law on protection of refugees and stateless persons in higher education curricula

Background: Every millennium, decade, and century, as well as every passing day, humanity wakes up with a dream of a ‘new world’, a world without wars and bloodshed. Despite this thousand-year-old dream, wars and their devastating consequences hang menacingly over humanity’s head like the sword of Damocles. For this reason, wars have been and will remain a key focus of researchers and philosophers. By studying the numerous causes and consequences of war, the necessary measures to guarantee security and peace worldwide can be determined. Although human society strides towards prosperity, the likelihood of war has not diminished but continues to threaten, with unparalleled ferocity, the existence of human life, peace, and security. The numerous agreements and treaties, both bilateral and multilateral, between different states have only temporarily avoided the outbreak of conflicts and wars. Therefore, the concepts of peace, defence, and the prevention of war remain at the centre of research today. Research works in these fields are geared towards a universal idea: ‘the protection of basic human rights’. Methodology: This paper’s research methodology involves analysing data on the role of the UN as a defender of freedom and human rights. To achieve this, an extensive literature review was conducted. The review covers literature sources in both Albanian and foreign languages, written by well-known authors and provides a large amount of information and thoughts on the topic under consideration. The authors of some of the used works include Thomas Hobbes, Jean Jacques Rousseau, Immanuel Kant, John Locke, Brian Tamanaha, Alexis Tocqueville, and Servet Pëllumbi. The research was conducted step-by-step and argument-by-argument using the logic of reasoning and the analysis of ideas. The relevant research works relate to the UN’s role as a provider and guarantor of human rights and freedom. Results and Conclusions: In the opinion of the UN, the concept of democracy is closely related to the concept of protecting peace, freedom, and human rights. This is also the reason why the UN cannot remain indifferent in the face of cases of violation of freedoms and human rights under the pretext of respecting ‘state sovereignty’. The UN is today’s most important and powerful organisation for protecting human freedoms and rights, world peace, and international security. Based on the above discussion, a democratic society is nothing but the result of new relations between the power and freedom of an individual. ‘Human rights and freedoms’ do not constitute a mere bureaucratic formula but a request of the people for the development of the society in which they live. They resemble a ‘spiral’ that has only ascended since various theorists first presented their ideas on ‘human rights’. Infringement on human rights would simultaneously mark the infringement and the end of democracy itself.

This paper examines economic explanations of governmental basic human rights performance in more than one hundred nations. Following Henry Shue's conceptualization of basic rights, I analyze a set of key economic variables (level of development, income distribution, rate of growth, foreign trade, and foreign investment) in terms of their impact on basic socioeconomic and political rights (defined here are subsistence and security rights).Drawing on criticisms of the existing literature, the paper calls for a new empirical approach to cross‐regional comparative human rights studies. The article first conceptualizes and operationalizes the concept of basic rights. It then provides a critical review of the relevant literature on economic explanations of rights. Analyzing both individual and combined effects by using correlations analysis, cross‐tabulations, bivariate and multiple regression techniques, I interpret my findings as follows: Basic human rights performance is much more varied across nations of comparable economic background than indicated by most other studies of a similar nature. While economic conditions have a significant impact on all basic rights, there are, nevertheless, important differences with respect to the type of basic right and the specific economic variable concerned. Security rights tend to be less affected by economic factors than subsistence rights. Below the threshold of about $1,000 Gross National Product (GNP)/capita income countries are generally unable to guarantee even a modicum of subsistence rights. While level of development can explain close to 50% of the variation in basic human rights performance, income distribution becomes more crucial the more developed nations are. Other findings show foreign trade to have a significantly negative impact on security rights while being somewhat positively related with subsistence rights.

The definition of refugee in law is famously vague. Two particularly challenging elements are the nature of and the scope of involvement in a crime against peace, war crime, or crime against humanity, as defined in [...] instruments (1) such that an otherwise eligible refugee would be excluded from protection. Given that asylum adjudicators have had over sixty years of experience in interpreting the 1951 Refugee Convention definition, now governing in the 148 states parties to the Convention and/or its 1967 Protocol, there should be ample opportunities for comparative analysis and judicial conversation. Outside the confines of the Convention itself, the evolution of human rights law since 1951 and the explosive growth in humanitarian law and criminal law since the mid-1990s have created rich environment for situating the refugee definition in more comprehensive law context. Some jurisdictions have interpreted persecution using the language of human rights, while others have developed what might be characterized as more inward-looking, refugee-specific, sense of the word. Similarly, some jurisdictions have indeed looked to international instruments to inform their understanding of exclusion for war crimes and related offenses, while others have based their exclusion analysis on other factors. The United States has taken different direction, by excluding those who persecute others, with the result that persecution for the purposes of exclusion is mirror image of persecution as defined for the purposes of inclusion. My work looks at the use, or lack thereof, of and comparative law in refugee status determination, and explores the consequences for coherence and consistency in protection. To the extent that law is taken into account in refugee status determination, it is generally regarded as positive development. It may feel intuitively correct that this is so, and some scholars have argued that an external legal framework provides analytical rigor to refugee status determination, but it does not empirically appear to be the case. My intention is to raise questions about these links. I am skeptic when it comes to the utility, or even the usage, of law norms in refugee status determination. I question the significance of finding citations to external sources of law in domestic asylum jurisprudence. To the extent that these citations reveal serious engagement with an analytic framework, and not just boilerplate language, there is risk of making refugee definition that is famously vague and difficult to apply consistently even more unwieldy by interpreting it with the often indeterminate norms of law. With respect to inclusion, is it helpful to say, as the Office of the United Nations High Commissioner for Refugees (UNHCR) has done, that persecution is serious violation of human rights? (2) Or in the European Union formulation, that it is severe violation of basic human rights? (3) Human rights law does not recognize division of basic and non-basic rights. To the contrary, human rights are interrelated, interdependent, and indivisible. With respect to exclusion, is it useful to know that an asylum seeker may be excluded under Article 1F(a) of the Refugee Convention for war crime as defined under law? Would that refer to all violations of the 1949 Geneva Conventions, which do not themselves use the terminology of war crimes, or perhaps just grave breaches? I have looked at the use of human rights law in refugee status determination in the context of claims of persecution based on economic harm, comparing Canada, New Zealand, and the United Kingdom, which interpret persecution in human rights terms, with Australia and the United States, which do not. (4) I found that despite de jure differences in the legal standard employed, all five countries applied de facto similar, strict, standard. …

There is no doubt at this stage of the solid evolving global relevance of universal human rights in a complex global scenario like everyone faces today. The COVID-19 pandemic and lockdowns have produced, and are still causing, an overwhelmingly negative impact on the standard citizens’ lives. As drastic as it is, such affirmation is sustained in the serious deterioration in a considerable number of democracies around the world, but especially reflected in Latin America, a region of six hundred (600) million inhabitants (Werthein &amp; Abrantes, 2021). This research aims to assess the scope of the violation of individuals’ basic human rights caused by the COVID-19 pandemic administration in Latin American countries. Unreasonably extended lockdowns and other misleading and inappropriate measures implemented by different Latin American administrations have had unsurmountable and dramatic consequences for the region's inhabitants. Many Latin American governments have inadvertently put in place two (2) excluding options for their populations affected by the COVID-19 pandemic. It had to be either healthcare and fight against COVID-19, on the one side, or economic sustainability, on the other, but not the two (2) simultaneously. Losses of thousands of lives, economic devastation, thousands of business shutdowns, millions of job losses, and educational catastrophes have all affected essential freedoms and individuals’ basic universal human rights recognized by modern constitutions, including those in Latin America. As discussed, these are the resulting consequences of governments’ failure to build up necessary resources, be readily prepared to face catastrophes of this sort, and act with integrity and transparency in managing public funds. Both quantitative (i.e.numbers and statistics) and qualitative (i.e., secondary data) methodologies have been used to arrive at very relevant conclusions. Sustainable results of this research reflect how mismanagement of the pandemic, including corruption practices by certain Latin American governments, has led to catastrophic consequences in healthcare and the economic field.

Human rights are a fundamental aspect of global society, ensuring the protection and dignity of individuals across the world. The concept of human rights is rooted in the belief that every person deserves to be treated with respect and fairness, regardless of their background or circumstances. However, reportage of human rights issues lags behind other subjects such as politics, entertainment, civic issues, etc. The media too has its own share of challenges when reporting human rights, ranging from lack of cooperation from authorities to lack of access to authentic information, and inability to communicate with the victims of such violations. The challenges faced by the media, especially print, were even more pronounced during the COVID-19 pandemic. The pandemic changed the way news was reported and how facts were represented, even by the print media. One of the major aspects that received attention during the pandemic was the lack of adequate reporting on human rights issues, though it was the very period of time the world over, which saw the greatest restrictions and violations of basic human rights. A similar scenario existed in India too at the time, especially during the first Covid wave. The purpose of this research is to study journalistic practices by Indian media during the three month period of the first lockdown during the COVID-19 pandemic. A survey of 100 respondents working for various media houses and publications in varied positions was undertaken using a questionnaire to determine their opinion regarding the trends of human rights reportage during the Covid-19 pandemic lockdown. Using 'agenda setting theory' as the theoretical basis, this study examines the journalistic practices that were generally followed during the COVID-19 period, with a special focus on the reportage of human rights issues, and the attitude of journalists towards the same. The study found that the majority of the respondents found the reportage of human rights during the chosen period lacking, especially when it came to reporting on violations of human rights. Lack of adequate access to healthcare and experiences of COVID-19 survivors were found to be more widely covered. The restraints on freedom of movement were a major constraint for journalists in carrying out their duty. The interference of the government was found to be instrumental in the agenda setting of the news items. Overall, the survey results pointed towards a general belief in the efficiency and fairness of journalist practices, but a general dissatisfaction about the overall reportage of human rights issues.

У статті розглядається вплив міжнародних стандартів у сфері захисту прав людини на діяльність Національної поліції України. Розкрито сутність «Десяти основних стандартів прав людини для правоохоронних органів», якими повинні керуватися у своїх діяльності працівники Національної поліції України, а також звернено увагу на найбільш поширені порушення прав людини з боку окремих працівників Національної поліції. Згідно з результатами дослідження Національна поліція України повинна неухильно дотримуватися стандартів у сфері захисту прав людини під час реалізації своїх функцій. Саме значне зростання рівня транснаціональної організованої злочинності, стрімка міграція населення у світі, відмінності у підготовці поліцейських кадрів у різних країнах призвели до необхідності впровадження єдиних міжнародних стандартів у діяльність Національної поліції України. Визначено, що у грудня 1998 року у Лондоні «Міжнародною Амністією» спільно з посадовими особами поліції та експертами з різних країн було розроблено «10 основних стандартів прав людини для правоохоронних органів».Дані 10 стандартів були розроблені для використання їх органами поліції як вихідної точки для розробки детальних положень щодо навчальних тренувань та моніторингу поведінки працівників поліції. Встановлено, що, непоодинокими є випадки перевищення працівниками Національної поліції України своїх повноважень, що призводить до порушення прав і свобод людини і громадянина.Імовірними причинами порушень є відсутність ефективного механізму контролю за дотриманням працівниками Національної поліції міжнародних стандартів прав людини, неефективність застосування норм права щодо притягнення працівників поліції до кримінальної відповідальності за порушення прав людини, що вимагає розроблення пропозицій, щодо удосконалення механізму контролю за дотриманням працівниками національної поліції України міжнародних стандартів прав людини.

ABSTRACT:In a series of reports the United Nations Special Representative on the issue of Human Rights and Transnational Corporations has emphasized a tripartite framework regarding business and human rights that includes the state “duty to protect,” the TNC “responsibility to respect,” and “appropriate remedies” for human rights violations. This article examines the recent history of UN initiatives regarding business and human rights and places the tripartite framework in historical context. Three approaches to human rights are distinguished: moral, political, and legal. It is argued that the tripartite framework’s grounding of the responsibility of TNCs to respect human rights is properly understood as moral and not merely as a political or legal duty. A moral account of the duty of TNCs to respect basic human rights is defended and contrasted with a merely strategic approach. The main conclusion of the article is that only a moral account of the basic human rights duties of TNCs provides a sufficiently deep justification of “the corporate responsibility to respect human rights” feature of the tripartite framework.

Introduction: human dignity – an integrative and open concept ‘Human dignity’ has become one of the most important integrative formulas in international politics. Since 1948, when it was introduced into Article 1 of the United Nations Universal Declaration of Human Rights, it has successfully functioned as an umbrella concept that bridges seemingly insurmountable ideological gulfs and provides a basis for consensus and compromise. Similarly to other political guiding concepts such as justice, liberty, peace or, more recently, sustainability, human dignity is an essentially open concept that leaves room for varying interpretations and contextualizations and thereby allows even the otherwise fiercest adversaries to speak with one voice. Another reason why human dignity has been increasingly introduced into constitutions and international treaties since 1948 is the wish for an absolute – a foundational principle that overarches, as it were, all constitutional and other political principles, a common reference point that is beyond controversy and conflict and plays the role, in Kantian terms, of an a priori to which all other political ideas are subject. Human dignity is predestined for this role because of two characteristic factors: the openness of its content and its independence of any particular metaphysical background theory. The extent to which the concept is semantically open is documented by its function as a heuristic tool in the process of gradually extending the canon of basic human rights. Although it is generally agreed that there is a stable connection between the idea of human dignity and the idea of basic human rights, the number and identity of the rights associated with the idea of human dignity is not static but, rather, dynamic. What human dignity implies – its content and consequences – has no fixed magnitude but is open to interpretations that extend its range and content into new directions, though in continuity with its established content. Extensions usually respond to new threats posed, for example, by new and unexpected political constellations, natural phenomena or technological developments. That human dignity shares this dynamic character with human basic rights supports the widely held assumption that the notions of human dignity and basic human rights are closely linked to each other.

Currently, a nursing hospital is a hospital-level medical institution in which doctors, dentists, or oriental doctors perform medical treatment mainly for inpatients under the Medical Act, and any medical person other than a doctor or oriental doctor can be opened.&#x0D; So-called nursing hospitals must inevitably have more than 30 nursing beds and have medical personnel of a certain level or higher. To open a convalescent hospital, permission must be obtained from the mayor/ province governor as prescribed by the Ordinance of the Ministry of Health and Welfare after deliberation by the City/Province Medical Institution Establishment Committee. If not, permission cannot be obtained.&#x0D; Currently, patients who are admitted to nursing hospitals are 1. Elderly patients, 2. Chronic patients, and 3. Those who have a recovery period after surgery and injury, and mainly need nursing care. With the enactment of the Medical Act in 1994, the legal concept of nursing hospitals was stipulated. Since the 2000s, the number of elderly nursing hospitals has increased rapidly in tandem with the increase in the elderly population following changes in Korea's demographic structure. In the midst of this, cases of human rights violations of the elderly continue to occur in the stages of entering and leaving nursing hospitals and living stages. The violation of the human rights of the elderly here is related to the violation of basic human rights under the Constitution and, furthermore, to the issue of elder abuse under the Elderly Welfare Act.&#x0D; Therefore, in this paper, it is hoped that policies and measures for ensuring and realizing the rights of the elderly are guaranteed and realized through the correct prevention of violations of the human rights of the elderly in nursing hospitals. First, we would like to make legislative proposals on the provision of human rights education regulations, second, the mandatory installation of CCTVs, third, the necessity of expanding medical personnel, and fourth, the unification of management and supervisory bodies for insolvent nursing hospitals.

Since the new Constitution came into force, there has been an increase in the number of high-demand religious groups. The more accommodating and tolerant approach towards religions brought about by the Constitution has created a fertile environment for the development of alternative religious groups. In certain cases, unfortunately, this has resulted in the violation of other basic human rights within the confines of these groups. There is very little monitoring of the various religions in South Africa and these violations seem to be on the increase. A need arose to oppose the infringement of human rights in high-demand religious groups. The organisation RIGH (Rights of Individuals Grant Honour To) was established to address this need. This article aims, first, to point out how the exercising of one basic human right, in this particular case the right to freedom of religion as exercised in Hertzogville, led to the violation of other basic human rights. Secondly, it suggests ways of opposing the infringements on other basic human rights by high-demand religious groups.