Crisis, justice, and managing the appetite for risk

At the present stage of their development the Ukrainian society and the state are characterized by their pursuit to provide maximum realization of human and civil rights and to create a full-scale civil society. Obviously, in this context, a significant attention is paid to the human rights in Ukraine, however there is insufficient research systematically conceptualizing the human rights employing philosophical and legal instruments and methodology. The author highlights that particular attention in the mechanism of organizational and legal remedies is paid to judicial and extrajudicial protection of human and civil rights. In accordance with the Article 55 of the Constitution of Ukraine the judicial protection of human and civil rights is maintained through the system of general jurisdiction courts of Ukraine. The state ensures the right of every person to appeal in court against any decisions, actions or inactivity of the state bodies, local self-government bodies and government officials that violate human and civil rights. In case of exhausting all remedies of his/her rights and liberties protection in national courts the person can appeal to the international courts, e.g. to the European Court of Human Rights. At present, Ukraine holds the third position in the number of its citizens’ appeals to this distinguished international legal institution. Every person is able to appeal to the extrajudicial institutions authorized to protect the constitutional human and civil rights and liberties. In Ukraine there is a special body for this purpose — the Ukrainian Parliament Commissioner for Human Rights, whose activities are determined by the Law of Ukraine «On the Ukrainian Parliament Commissioner for Human Rights» of 23 December, 1997. In case when all extrajudicial remedies of human rights protection are exhausted, a person has the right, guaranteed by the Constitution of Ukraine, to appeal to the international human rights organizations (Art. 55). In terms of the current theory and practice of guaranteeing the constitutional human and civil rights, together with the national regulatory, organizational and legal guarantees, it is worth to distinguish the international guarantees of the constitutional human and civil rights and liberties in Ukraine. The special international legal guarantees of the human and civil rights and liberties are usually divided into regulatory and institutional ones. Key words: human and civil rights and liberties, constitutional state, national legal doctrine, international law, imitation of human rights, constitutional and legal mechanism for ensuring human rights and liberties.

The doctrinal and normative legal definitions of the concept of human civil rights, as well as national guarantees for the provision of civil rights, their types and possible ways of improvement are considered in the article. The authors analyze the concept, legal and philosophical basis of the implementation of human rights in the international and national aspect, relying on the texts of international documents, as well as the scientific research of foreign and Ukrainian scientists in the fields of the theory of the state and law, international law and constitutional law. The authors believe that the concept of human rights and, in particular, human civil rights, has not been unchanged throughout its history, and if at the first stages of its development it was connected with a person's belonging to the state ("citizenship"), it gradually almost lost this connection . An analysis of the modern meaning of the concept of "civil rights" shows that the modern Ukrainian translation of the title of the 1966 Covenant: "International Covenant on Civil and Political Rights" is misleading, ambiguous and does not reflect the essence of the concept of "civil human rights" in international context. There is a possibility that Ukrainian legal science will find another equivalent of the term "civil rights" in the sense of basic human rights. As a possible option, a fairly meaningful replacement option is offered - "fundamental (essential) human rights and freedoms according to P.M. Rabinovych. The authors draw attention to the fact that the concept of national guarantees of ensuring civil rights is not always given by scientists. To them in the broad sense should be attributed state, that is, which belong to this country and concern its people, reflect its character, features and social activity, positively acting conditions and means that ensure their actual implementation. Since the natural rights of a person and a citizen, enshrined in the Constitution of Ukraine, are not exhaustive, an important guarantee of the protection of these rights should become a modern understanding of spiritual values. Keywords: civil rights, natural rights, basic civil rights, fundamental (essential) human rights and freedoms, national guarantees of ensuring civil rights.

ideology. Controlling for the effects of age, demographic factors, social identity, and measurement artifacts, a strong black nationalist ideology is associated with greater disaffection toward whites, but not toward gays, black conservatives, lesbians, middle-class blacks, or feminists. A black nationalist belief system also correlates with intense perceptions of racism in society and less support for systemic means for combating per? ceived racial injustice. One of the striking themes in the scholarly literature on national ism is that nationalism is both a curse and a blessing. It promotes a sense of identity, acknowledges the legitimacy of different cul? tures and histories, brings awareness to injustice and oppression, is a psy? chological mechanism used to defend against such injustice, and it ex? presses a legitimation of common legal and human rights, obligations, and failings of existing institutions (Smith 1991). Yet, nationalism is a curse in that it breeds political and social intolerance and conflict (Brass 1991; Brown 1993; Dandeker 1998; Diamond and Plattner 1994; Lake and Rothchild 1996). As the level of group consciousness?political, cultural, economic, social, territorial, or religious?crystallizes into a desire for selfrealization or in reaction to exploitation, inequality, or injustice, support for basic human and democratic rights tends to disappear and is replaced by a more minacious view of outside groups, members of the dominant culture, and the political system. Previous research shows some support for the relationship between nationalism and intolerance. Marx (1967) found that black nationalists were almost twice as likely to express anti-Semitic, including anti-white, sentiments than any other civil rights group and they were the most intol? erant. Nationalists were also seen as less militant but also more reserved in acting on their beliefs. Gurin, Hatchett, and Jackson (1989) show that black nationalism is related to the rejection of whites, and it is the most important determinant of a black political voice. Recent research by Gibson and Gouws (2000), investigating the political consequences of so? cial identity, shows that a strong group or social identity leads to intoler? ance. Social identity does not lead to antipathy per se, but instead indi? viduals with a heightened group identity, such as that involved in the development of nationalism and national identity formation, develop atti? tudes that foster intolerance. Individuals who strongly believe in their

The evaluation of Free Civil Right Movement(Jiyu Minken Undo) with Fukuzawa Yukichi, is closely related to his early thought. In his writing Gakusya Anshin Ron, he agreed to the purpose of the promotion of civil rights, but he took a critical attitude toward the radical and power-seeking tendencies of civil rights groups. Also, he saw activities of people in everyday life as part of politics and pursued a gradual sense of civil rights in comparison to the civil rights groups. Such Fukuzawa s attitude coexist with its inherent reform-mindedness and gradual order-keeping tendencies, and it was an idea contained in his earlier ideas. In his early age, he thought that improving civil rights was essential to maintaining Japan s independence from the Western powers. Such Fukuzawa s civil rights theory based on this internal reform awareness, was of essentially a different nature from the civil rights faction, which was the axis of resistance to the Meiji government. On the other hand, he preferred the British political system for harmony , and he took Republican political system critically, through the example of French reign of terror. Also, he, a former government (Bakuhu) official before Meiji Restoration, strongly criticized the move to pursue changes in existing society against Bakuhu, and also advocated national unity centered on Bakuhu. These facts can be argued to have been behind Fukuzawa s resistance to revolutionizing society greatly, maintaining a critical attitude toward direct democracy in which the entire people participate in state affairs.

They came first for the Communists, and I didn't speak up because I wasn't a Communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade union...

The article analyzes the principles of human and civil rights under international and constitutional law. The author examines the international legal norms and principles which make it possible to identify legally significant circumstances characterizing the legal concept of “alternative (non-military) civilian service”. The author notes that the basis for ensuring the human right to replace military service with alternative civilian service at the national level is provided by international law. Based on the analysis of existing international agreements and treaties used to regulate relations related to alternative (non-military) civilian service, the author distinguishes two groups of international treaties in this area. The first group includes international legal treaties of a universal nature that define relations in the field of protection of human rights and freedoms, and the realization of freedom of conscience and freedom of religion. These normative acts enshrine the obligation of the state to ensure the observance of the rights of people to freedom of conscience and freedom of religion. The second group of international legal acts in force in this area consists of international legal acts of a special nature that define the issue of alternative civilian service. The author establishes that the right to alternative (non-military) service is considered by the sources of international law in the context of guarantees of freedom of thought, conscience and religion, which are implemented in national legislation. Implementing international obligations regarding the need to implement at the domestic level the relevant provisions of international legal acts directly related to the right to alternative (non-military) service, i.e., recognition, legalization, guaranteeing of implementation, as well as protection and defense of such a human right by the State and its institutions, a number of States, including Ukraine, have expanded the relevant “catalog” of human and civil rights and freedoms by enshrining such a right at the constitutional level. The study concludes that the right to conscientious objection to military service is the most important component of the right to freedom of thought, conscience and religion, as formulated in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms. This is also affirmed in resolutions and recommendations adopted by the UN Commission on Human Rights, the UN Human Rights Committee, the Council of Europe and the European Parliament.

The article conducts an ontological study of the trends in the development of human and civil rights and duties in contemporary conditions. It proposes to understand human rights as fundamental moral and natural needs and opportunities of an individual to self-realize, as enshrined in legal forms, without limiting the freedom of others. It is determined that the contemporary development of human and civil rights and duties reflects the striving for a more just, equitable, and sustainable society. An important trend is the expansion of both rights and duties in the context of changing technological, environmental, social, etc. conditions, as well as the need to adapt to new challenges. The article identifies the directions of the development of human and civil rights and duties in modern conditions, including: globalization of human rights, expansion of environmental rights and duties, improvement of social rights and duties, guaranteeing digital rights and the right to accurate information, and strengthening the duties regarding civic activism. The most pressing directions for ensuring human rights in the context of armed aggression by one state against another are identified, in particular, ensuring human rights related to the restoration of justice and strengthening democratic values, ensuring the rights of victims of armed aggression, internally displaced persons, the right to accurate information, a clean environment, and others. The article substantiates the view that the building of a rule of law state is possible if such development is based on a common idea – justice, freedom, equality, and dignity as the key fundamental principles of social development. The article analyzes the normative consolidation of generations of human rights in fundamental international normative acts, in particular, in the Universal Declaration of Human Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms, and also clarifies the state of their objectification in the Constitution of Ukraine. The ontological dimension of human and civil rights and duties is determined, which is characterized by social, economic, political, cultural, and security changes in society that, in one way or another, determine the trends in the development of modern state policy in this area.

What’s Love Got to Do with It?

Purpose: is to clarify the concept, essence, legal guarantees of human and civil rights and freedoms, taking into account modern legal approaches. Methods: comparison, analysis, induction, deduction, and others that served as a tool for material selection and were a necessary condition for achieving this goal. Results: the article considers legal guarantees of human and civil rights and freedoms in Ukraine. The practical and theoretical functioning of the main responsibilities of the state to guarantee human and civil rights is substantiated, as well as the world experience of protection of human and civil rights and freedoms in the international arena is summarized. Discussion: human and civil rights and freedoms are one of the most important social values, the main object of most constitutional and legal relations. The effectiveness of their implementation, use and compliance depend on the level of their protection and security. In view of this, a valuable part of the constitutional - legal status of man and citizen are the guarantees of these rights and freedoms. The article considers the main legal guarantees of human and civil rights in Ukraine and their legal basis. In addition, the system of international legal guarantees and the main ways to protect their rights in the European Court of Human Rights are analyzed. Important principles of a democratic state governed by the rule of law are recognized as constitutionally enshrined human rights and freedoms, as well as the means provided by law for their protection. The main feature of legal guarantees is that they are reflected in the current legislation in the form of special tools and methods to ensure the rights and responsibilities of all citizens of the country. The purpose of guarantees is that they are designed to provide a more favorable environment in the atmosphere in which the constitutions and laws enshrine the legal status of the individual and, especially, his rights and freedoms, in their implementation, would become the de facto position of each individual and citizen. In the international legal arena, it is the guarantees of human and civil rights and freedoms that play the role of real opportunities for implementation and protection in this area. In view of this, the urgent task is to establish the essence of guarantees of human and civil rights and freedoms, determine the list of rights to be guaranteed by constitutional means, and approve the limits of these guarantees provided in the Basic Law of Ukraine.

In the recent period of Ukrainian history, scholars pay attention to the discussion of the relationship between Ukrainian constitutional law and the Convention for the Protection of Human Rights and Fundamental Freedoms and the place of rulings and decisions of the European Court of Human Rights in the legal system of Ukraine. The analysis of the provisions of the European Convention on Human Rights and current Ukrainian legislation is made in the article. It is made in order to determine the impact of this act of the Council of Europe on the constitutional law of Ukraine. It is noted that the Convention plays an important role in the process of protection of human rights and freedoms in Ukraine and has an impact on the implementation of the rule of law, which relate to individual’s constitutional status. It is noted that the European Convention significantly increases the level of the effectiveness of constitutional human rights legislation. The role of the European Convention for the Protection of Human Rights and the European Court of Human Rights in the formation and activity of the Constitutional Court of Ukraine has been determined. The thesis that within the ratio of the Convention and Ukrainian law, the supremacy of the latter within the national legal system does not eliminate the need to comply with international obligations is substantiated in the article. The grounds for restricting human and civil rights and freedoms in accordance with the requirements of the European Convention for the Protection of Human Rights and the constitutional legislation of Ukraine are considered in the article. In order to ensure national security, the restriction of human and civil rights and freedoms in a state of martial law and emergency is analyzed. By introducing martial law and a state of emergency, it is possible to concentrate temporarily all the levers of control over the individual’s status by coercive means within the framework of official power. The conclusion that the Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights have had a significant impact on the formation and development of human and civil rights and freedoms as basic, value priorities of the constitutional law of Ukraine is substantiated in the article. Key words: constitutional law, sources of law, Council of Europe, Constitution of Ukraine, Constitutional Court of Ukraine, Convention for the Protection of Human Rights and Fundamental Freedoms, European Court of Human Rights.

In this paper, I propose a different classificatory lens to analyse the collective action of civil rights groups in India. To date, this collective action has been variously classified as ‘non-party groups,’ ‘macro initiatives’ for grassroots groups, ‘action groups or support groups,’ as part of an emergent new left citizen’s initiatives, but mostly as a ‘social movement’ or ‘human rights movement.’ These differences in classification are not due to a considered disagreement; but because this activism is acutely understudied. Examining the history of such groups and the activist interviews I conducted, I argue for a re-classification of civil rights activism as ally activism i.e. they are allies of several, rather than a party to any particular social movement. Ally activism needs to be understood on its own terms to reveal their role in democratic deepening within South Asia.

Twenty-six contributors tell their stories about being civil rights lawyers in the Deep South. A thematic structure is employed to reflect these stories. Ten of the stories describe how children of the South and children of the North chose to become civil rights lawyers. The context of civil rights lawyering is explored from big events such as the 1965 Selma march to the everyday experiences of mass meetings and the recurring racism of Neshoba County. The misadventures of civil rights lawyers are described from arrests, to beatings, to a black lawyer being called by a racial epithet in court by a judge. The development of civil rights lawyer groups—the Legal Defense Fund, the LCDC (Lawyers Constitutional Defense Committee), and the Lawyers Committee for Civil Rights Under Law—were crucial to the success of the civil rights movement. Voting rights dramatically spurred by the Voting Rights Act of 1965 were crucial to the newly emerging status of blacks. The public accommodations section of the Civil Rights Act of 1964 broke barriers in hotels and eating places. School desegregation litigation changed the face of public schools forever. Employment discrimination litigation dramatically changed the workplace. The success of civil rights litigation led to using the federal courts to reform prisons and facilities for the mentally ill. Two authors discuss the contemporary language of race and the status of white supremacy.

This paper examines the role that racial and ethnic diversity plays in improving the legislative success of minority interest groups. Relying on campaign contributions and lobbying expenditures to explain minority interest groups’ influence on legislators’ behavior is not sufficient, because most minority organizations are public charities, or 501(c)(3) organizations, and as such are both banned by federal law from making candidate contributions and limited in how much they can spend on federal lobbying. I argue, however, that the inclusion of more blacks and Latinos on congressional committees enhances the lobbying influence—and thus the legislative success—of civil rights organizations in Congress. Using data from lobbying disclosure reports on bills supported by black American and Latino civil rights groups in the 110th Congress (2007–2008) and 111th Congress (2009–2010), as well as House markup data, I find that National Association for the Advancement of Colored People (NAACP), Leadership Conference on Civil and Human Rights (LCCR), and UnidosUS-supported bills referred to House committees with greater proportions of racial and ethnic minorities received more markups than did bills referred to House committees with less diversity. Diversity is significant in predicting committee attention even when accounting for possible confounding factors, including committee jurisdiction and the ideological composition of committee membership.

The book examines how the coalition among the national African American civil rights organizations disintegrated between 1967 and 1973 as a result of the factionalism that splintered the groups from within as well as the federal government's sabotage of the Civil Rights Movement. Focusing on four major civil rights groups, Power, Politics, and the Decline of the Civil Rights Movement: A Fragile Coalition, 1967–1973 documents how factions within the movement and sabotage from the federal government led to the gradual splintering of the Civil Rights Movement. Well-known historian Christopher P. Lehman builds his case convincingly, utilizing his original research on the Movement's later years—a period typically overlooked and unexamined in the existing literature on the Movement. The book identifies how each civil rights group challenged poverty, violence, and discrimination differently from one another and describes how the federal government intentionally undermined civil rights organizations' efforts. It also shows how civil rights activists gravitated to political careers, explains the rising prominence of civil rights speakers to the Movement in the absence of political organizing by civil rights groups, and documents the Movement's influence upon Richard Nixon's presidency.

George William Mugwanya. Human Rights in Africa: Enhancing Human Rights through the African Regional Human Rights System. New York: Transnational Publishers, 2003. xxvi + 504 pp. Appendix. Bibliography. Index. $135.00. Cloth. - Volume 47 Issue 2