Online and technology-facilitated violence against women: The EDVAW Platform's contribution to human rights protection and monitoring

Problem setting. The current state of affairs in society requires increased attention to the protection of human and citizen rights and freedoms. Martial law, as a legal regime, causes significant changes in the functioning of state institutions and society in general, endangering the basic rights and freedoms of citizens. Under such circumstances, it is especially important to develop and implement innovative approaches to ensuring the protection of human rights, which would take into account the specifics of the state of war and, at the same time, act as guarantors of compliance with the basic principles of the rule of law. This requires not only the reform of the legislation, but also the introduction of new technologies and methods that will allow more effective protection of citizens’ rights even in difficult conditions. Innovative approaches should be based on an increased level of awareness and training of both state bodies and civil society regarding mechanisms for the protection of rights in wartime. Analysis of recent researches and publications. Important aspects of the issue of innovative approaches to the protection of human and civil rights and freedoms have been studied by R. Shai, S. Husarov, O. Gilyaka, V. Kovalenko. However, despite the considerable experience in this area, the issue of introducing innovations to protect human rights and freedoms has not been fully explored. Purpose of the research is a comprehensive study of the features of innovative approaches to the protection of human and citizen rights and freedoms under martial law. This involves an analysis of the latest technologies, legal mechanisms and organizational solutions that can be effectively used to protect civil rights in emergency situations. In addition, the article examines the challenges and prospects of implementing these innovative approaches in the context of Ukrainian realities, in particular, taking into account socio-economic and legal aspects. Article’s main body. The research materials are: 1) normative and legal support for the protection of human and citizen rights and freedoms under martial law, including international conventions, domestic laws and by-laws; 2) works of domestic and foreign authors who conduct scientific and practical research in the field of human rights, innovative technologies and methods of protecting rights in armed conflicts. In the research process, the following scientific methods were used: theoretical generalization and grouping – to characterize the components of the system of protection of human and citizen rights and freedoms in the conditions of martial law and functions related to ensuring security; the method of formalization, analysis and synthesis – for the study of the domestic and the needs for the protection of rights in the conditions of martial law; comparative analysis – to develop different strategies and approaches to the protection of human and citizen rights in the conditions of martial law. The generalization of the results was used to formulate conclusions and develop recommendations for improving the system of protection of rights and freedoms in similar conditions. Conclusions and prospects for the development. The protection of human rights under martial law is a complex and multifaceted task that requires an integrated approach, including legal, administrative and socio-economic processes. The war caused and continues to cause a lot of grief, destroying everything in its path, the most valuable of which is human life and health. The main goal currently remains the issue of effective protection of a person and a citizen from external dangers lurking in modern Ukrainian society. This study aims to analyze approaches to the protection of human rights under martial law, determine their effectiveness and outline ways of improvement. Special attention is paid to the study of international experience and the possibility of its adaptation to modern Ukrainian conditions. As a result, it is planned to develop recommendations for the implementation of innovative approaches that will contribute to strengthening the legal protection of citizens in the conditions of martial law, increasing the level of their security and well-being.

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.

Contents: The United Nations System: United Nations mechanisms to promote and protect human rights, Zdzislaw Kedzia The international labour organization's system of human rights protection, Lee Swepston UNESCO procedures for the protection of human rights, Karl Josef Partsch and Klaus HA fner. Regional Systems: The European systems for the protection of human rights, Maxime Tardu The Inter-American system for the protection of human rights, Hugo Caminos The protection of human rights in Africa: the African Charter on Human and Peoples' Rights, Daniel D.C. Don Nanjira Regional protection of human rights in the Arab States In Statu Nascendi, Bahey el Din Hassan. Towards Further Strengthening of Human Rights Protection: National systems for the protection of human rights, Jean-Bernard Marie Criminal responsibility for violations of human rights, William A. Schabas Sanctions and human rights, Katarina Tomasevski Indicators for the implementation of human rights, Michael Kirby The role of non-governmental organizations (NGOs) in the protection and enforcement of human rights, Laurie S. Wiseberg Index.

Contents: The United Nations System: United Nations mechanisms to promote and protect human rights, Zdzislaw Kedzia The international labour organization's system of human rights protection, Lee Swepston UNESCO procedures for the protection of human rights, Karl Josef Partsch and Klaus HA fner. Regional Systems: The European systems for the protection of human rights, Maxime Tardu The Inter-American system for the protection of human rights, Hugo Caminos The protection of human rights in Africa: the African Charter on Human and Peoples' Rights, Daniel D.C. Don Nanjira Regional protection of human rights in the Arab States In Statu Nascendi, Bahey el Din Hassan. Towards Further Strengthening of Human Rights Protection: National systems for the protection of human rights, Jean-Bernard Marie Criminal responsibility for violations of human rights, William A. Schabas Sanctions and human rights, Katarina Tomasevski Indicators for the implementation of human rights, Michael Kirby The role of non-governmental organizations (NGOs) in the protection and enforcement of human rights, Laurie S. Wiseberg Index.

This article is devoted to consideration of issues that cover the most sensitive and popular topics of today, in particular, the protection of human and citizen rights during escalation, assistance in the protection of fundamental rights by the international representation. Respect and protection of human rights is one of the leading principles of international law, enshrined in international legal treaties. All countries must adhere to the principles of freedom, democracy, respect for human rights and fundamental freedoms.Human rights, which are enshrined in current international legal treaties, are the result of the long-term historical development of social and political thought, the gradual formation of standards that have become the norm for the life of a modern democratic society. The author examines the provisions of the most famous international documents related to the protection of human rights during an armed conflict: the Convention for the Protection of Human Rights and Fundamental Freedoms, the additional protocol to the Geneva Conventions of , relating to the protection of victims of armed conflicts of a non-international nature (Protocol II) of June 8, 1977 year, the International Covenant on Civil and Political Rights of December 16, 1966 and other international documents relating to armed conflicts of a non-international nature. The international system of human rights protection is part of the system of international relations as a whole, but on the other hand, it is a system of international law, forming one of its branches. There are three main points of view regarding the place of human rights in international relations. According to the traditional statistical approach, human rights are a matter of sovereign state jurisdiction and continue to be a secondary object of international relations. There is a need to ensure human rights under any circumstances. An important priority in international cooperation is the protection and guarantee of human rights during armed conflicts and conflicts of a non-international nature. To date, international law refers to armed conflicts with condemnation, aggression, and prohibits any kind of war in general. But unfortunately, this is our reality of modern stages of human development.

The state of the environment in general and the negative effects of armed conflict in particular are issues to be addressed. The impact of these factors on human rights is obvious. The purpose of this article is to analyze norms and practice of international law to determine the possibility of the protection of environmental human rights in the context of armed conflict. The analysis of international legal norms shows a deficit of special rules providing for the protection of environmental human rights in the context of armed conflict. The volume of international law providing for the direct protection of the human right to a healthy environment is extremely limited. They represent the norms of "soft law" and are not legally binding or, in the most general terms, are enshrined in some regional instruments. The existing state of international legal regulation of this issue necessitates recourse to international judicial and non-judicial bodies. In this context, the practice of the African Commission on Human and Peoples Rights, Inter-American Commission on Human Rights, the European court on Human Rights, as well as acts adopted by the treaty bodies on human rights concerning the protection of individual human rights because of damage to the environment, may be relevant. The analysis of such practices and acts shows that the protection of environmental rights of the individual in the context of other human rights, namely: the right to life, right to adequate standard of living, the right to the highest attainable standard of health, right of ownership etc. In general, the protection of environmental human rights in the context of other human rights is possible in the conditions of an armed conflict, taking into account the characteristics of the latter. Therefore, this approach can ensure the protection of environmental human rights in the context of armed conflict.

Preface List of Contributors Introduction Progressive Nuances in International Human Rights Paradigm 1. The Historical Development of International Human Rights, Michelo Hansungule 1. Introduction 2. Some Historical Perspectives on Human Rights 3. Universal Rights 4. The European View 5. Human Rights as Moral Ideas in Diverse Societies, Religions, and Cultures 6. Africa 7. Middle East (Islamic World) 8. Asia 9. Post-War Developments 10. Conclusion 2. Civil and Political Rights, Joshua Castellino 1. Introduction 2. The Covenant 3. The Rights Package 4. Future Challenges 3. An Introduction to Economic, Social and Cultural Rights: Overcoming the Constraints of Categorization through Implementation, Vinodh Jaichand 1. Introduction 2. Historical Development 3. Similarities and Differences in Content of ICCPR and ICESCR 4. The Norms and Enforcement 5. On Justiciability: An Example of the Protection of ESC Rights in a Region 6. On Justiciability: Domestic Enforcement 7. Conclusion 4. Women's Rights in International Law, Mmatsie Mooki, Rita Ozoemana, Michelo Hansungule 1. Introduction 2. Recognition of Women's Rights: United Nations Charter and the International Bill of Rights 3. Women's Rights in other United Nations Convention 4. Convention on the Elimination of all forms of Discrimination against Women 5. United Nations Groundbreaking Conferences 6. Violence Against Women 7. Conclusion 5. Globalization and Human Rights, Heli Askola 1. Introduction 2. Globalization 3. Economic Globalization and Human Rights 4. Political, Social and Cultural Globalization and Human Rights 5. Conclusion 6. Role of the UN in the Promotion and Protection of Human Rights, Elvira Dominguez-Redondo 1. Introduction 2. From Codification to Efficiency: The Different Phases of the Human Rights Discourse within the United Nations 3. Normative Development of the UN System of Protection and Promotion of Human Rights 4. Charter-based and Treaty-based Monitoring Mechanisms: Public Special Procedure and the Work of the Committees 7. Attributes of Successful Human Rights on-Governmental Organizations (NGOs) - Sixty Years After the 1948 Universal Declaration of Human Rights, George E. Edwards 1. Introduction 2. NGOs & Human Rights NGOs 3. Ten Characteristics of Successful Human Rights NGOs 4. NGO Self-Regulation Via Codes of Conduct and Ethics 5. Conclusion 8. Do States have an Obligation under International Law to Provide Human Rights Education?, Paula Gerber 1. Introduction 2. Human Rights Education (HRE) in International Law 3. Obstacles to the Realization of HRE 4. Conclusion 9. Application of International Standards of Human Rights Law at Domestic Level, Joshua Castellino 1. Introduction 2. The Codification of International Human Rights Standards as Law 3. Domestic Implementation of Rights: The 'Engine Room' of Universal Instruments of Human Rights 4. Conclusion 10. Role of Regional Human Rights Instruments in the Protection and Promotion of Human Rights, Azizur Rahman Chowdhury, V. Seshaiah Shasthri, Md. Jahid Hossain Bhuiyan 1. Introduction 2. European Human Rights Treaties and Their Implementation 3. The Inter-American Convention on Human Rights, 1969 4. The African Charter on Human and Peoples' Rights, 1981 5. Concluding Remarks Index

The paper is devoted to the consideration of the principle of sovereignty in the context of ensuring human rights and freedoms. It analyzes the norms and provisions of the Constitution of the Kyrgyz Republic that enshrine the institution of human and civil rights and freedoms and guarantees of their implementation, examines the mechanism for the implementation and protection of human rights and the role of sovereignty in ensuring their implementation and protection. With the help of formal legal, structural-functional and comparative legal analysis, the author determine the causes of conflicts and contradictions in the legislative system that complicate constitutional and legal regulation in the field of human rights and freedoms. As a result of the research, the author came to the conclusion about the exceptional importance of sovereignty in ensuring implementation and protection of human and civil rights and their inverse correlation. The author explains the constitutional novelties guaranteeing the protection of human rights and freedoms in the Kyrgyz Republic; considers some effective mechanisms for the protection of human rights and freedoms. At the same time, the author highlights some errors in the reflection of certain elements of the legal status of an individual in the constitutional matter, which can determine the appearance of contradictions and conflicts in legal regulation and, thereby, lead to imperfection of the mechanism for the exercise of rights and freedoms, as well as human responsibilities. The author justified the need for the State to rely on constitutional values, as well as to ensure the supreme legal force of the Constitution due to the insufficient effectiveness of international law in ensuring human rights and freedoms and, at the same time, the expediency of explicitly reflecting in the Basic Law the ratio of international and national legislation.

The article draws attention to the fact that international protection of rights during armed conflicts plays an important role, and it must be effective for its implementation in countries in armed conflicts Regardless of its nature, whether international or non-international armed conflict, it threatens the realisation of most fundamental human rights and freedoms, including the most important natural human right - the right to life. The author examines the problems of international protection of human and civil rights in armed conflicts, the history of international campaigns to protect human rights in various paramilitary attacks, and the new international policy on human rights protection during the Russian-Ukrainian war. The purpose of the article is to analyse the international protection of human rights in the context of historical challenges and current armed conflicts, highlighting key issues, aspects and possible ways to improve existing legislation and practice. Case studies will also be considered to better understand the dynamics of human rights protection during armed conflicts and the role of international organisations in this process. The article concludes that international norms and treaties aimed at protecting human rights remain relevant and effective even in the most difficult conditions, such as armed conflicts. International human rights law, in particular, as defined by specific instruments, provides the necessary framework for the protection of fundamental rights and dignity of people even during hostilities. It is noted that it is important that the international bodies responsible for the implementation and enforcement of these norms confirm the inalienability of human rights protection in conflict situations. The condemnation of war crimes, genocide and violations of international humanitarian law indicates that the international community recognises the importance of protecting fundamental rights during war. It is emphasised that even in exceptional situations, when states take measures to derogate from their obligations due to the threat to the life of the nation, the preservation and protection of human rights remains a central task of the international community. It is important to continue to improve the mechanisms and instruments of international law aimed at ensuring the effective protection of human rights in time of war, thereby contributing to stability, justice and human security in the world.

Human rights have always been intrinsically woven into social work, but in the UK, often in a way that is either vague or wholly legalistic. In this article, we make a case for embedding a broader and richer concept of human rights in UK social work practice and education. We contrast the international social work perspective on human rights with that of UK professional codes and suggest that the narrow and uninterrogated conceptualisation of human rights in the UK may be acting as a barrier to UK social workers fully understanding and engaging with broader human rights agendas of the sort found in international practice. We argue for the merits of regrounding UK social work in this broader human rights concept, in which radical and emancipatory approaches can be underpinned by a common and unifying rights-orientated perspective. We make this argument, initially, in the context of the Human Rights Act 1998 remaining in UK law, which we see as entirely necessary for the protection of human rights in social work in the country, but insufficient for a broader, richer concept. We also, however, consider a scenario in which the Act is replaced by a British Bill of Rights and argue that such a development would present a further urgent need for embedding a broader human rights concept in UK social work. We close by setting out some of what such a concept might involve.

The legal aspects of the protection of human rights are determined. It is characterized that an important place among the wide range of problems that legal science deals with today belongs to the problem of protecting human rights. The level of ensuring human rights and freedoms is determined by the development of mechanisms and the development of means, measures and procedures used in the protection and protection of human rights and freedoms, which allows us to talk about the security and safety of the individual in the state. The current state and problems of the implementation of the protection of human rights are considered. A generalized analysis of issues regulating the protection of natural human rights is carried out, and their limitation is impossible in any conditions. The vital activity of citizens in the conditions of martial law requires the improvement of the protection of human rights, which makes the perspective of the problem and forms vectors for further research. The issue of the protection of human rights, which is embedded in the key norms of international humanitarian law, which protects a person from the consequences of war and concerns each of us, is revealed, but it is still not well known to people. The mechanism of observance and implementation of the norms of international humanitarian law is within the framework of international legal measures aimed at intensifying interstate cooperation in order to ensure the commitments made at the international level, i.e. is carried out within the normative organizational limits of implementation at the international level. Attention is drawn to the fact that the system of a complex of such regulatory and procedural measures includes control measures that underlie and act as an essential element of the international mechanism for the protection of human rights. However, human rights are not only a means and a way to protect an individual from any encroachment. Human rights are the main nerve of social development, state structure, relationships between society, man and the state.

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.

The study is devoted to the examination of the essence of judicial protection of environmental human rights and the definition of the concept of “judicial protection of human rights”. The relevance of the study is due to the importance of the subject of judicial protection of environmental rights in war conditions. In the context of the implementation of the purpose of the study, the issues of judicial protection of environmental human rights in general and in war conditions, the study of legal doctrine and legislation in the relevant field, considering the judicial practice of resolving relevant disputes, are identified. During the study of the issue of judicial protection of environmental human rights, a comparative legal method was used, which helped to analyse and compare scientific views, theories, and approaches and consider problematic issues for their further solution. Due to the generalisation method, forecasting or proposing statements for improving the legal regulation of the protection of environmental human rights is applied, and due to the analysis method, the features of the principles of legal regulation of the protection of environmental rights are determined. In addition, the study is accompanied by quoting normative regulations, in particular, international treaties, which regulate all events that are currently taking place between Ukraine, the Russian Federation, and Belarus, but notes the non-fulfilment of such international treaties by Belarus and the Russian Federation. The study analyses the opinions of researchers in the field of environmental rights protection, which generally characterise the judicial practice of considering environmental disputes and emphasises the need to increase public activity in the protection of violated environmental rights. The study considers the practice of judicial protection of environmental human rights and describes the problems that exist in the context of the protection of environmental human rights. The specific features of judicial protection of environmental human rights are identified and the main examples of substantial violations of environmental human rights during the war with the Russian Federation are indicated, it is indicated what actions of the Russian Federation and Belarus caused damage to Ukraine in the field of environmental safety, with direct indication of specific objects that were hit by military equipment, as a result of which there is still a risk of environmental disasters not only in Ukraine but also in neighbouring countries. The proposals for improving the judicial protection of environmental rights outlined in this study are unique and effective for compiling scientific texts and conducting classes in the relevant field of law.

It is indicated that proper protection of fundamental human rights is a key criterion for the existence of a true legal state. Coverage of the functioning of the European Court of Human Rights is becoming increasingly widespread in the information space. The significance of this institution not only does not decrease over time, but also increases. Today, the ECHR has become an effective mechanism of legal protection for those citizens who have exhausted the possibilities of achieving justice within the national legal system. The article examines the impact of the ECtHR decisions on the protection of human rights through the prism of modern challenges and threats. It is noted that the imperfection of the national judicial system is an obvious fact. At the same time, Ukraine is among the five countries with the largest number of applications to the European Court of Human Rights. It is emphasized that the fact that more and more people are applying to the European Court of Human Rights indicates that it is an effective mechanism for protecting their rights and freedoms. However, the ECtHR is a supranational mechanism for the protection of human rights: its capabilities are limited by its powers, the breadth of which is determined taking into account respect for the sovereignty of the member states that have voluntarily undertaken to implement the decisions of the Court to which they are parties. The effectiveness of the legal protection mechanism established by the European Convention on Human Rights depends not only on the efficiency of the Court’s work, but also on how conscientiously states implement its decisions. And only the combination of these two factors has the effect of ensuring human rights and fundamental freedoms stipulated by the Convention. It is concluded that in the context of adapting Ukrainian legislation to EU legislation, ensuring social human rights (the right to a decent standard of living and social development), political rights (compliance with international electoral standards, the right to association), and protecting human rights are the key to stable partnership relations with EU member states. Ukraine needs to continue to make considerable efforts to ensure the effectiveness of the Convention for the Protection of Human Rights and Fundamental Freedoms, to create new effective national remedies for its violations, and to adapt national legislation to European standards. That is, the most effective and direct protection of human rights and freedoms guaranteed by the Convention should be ensured at the national level.

The article examines international acts and national legislation and highlights the conditions for the legality of medical research with human participation.
 The provisions of the Nuremberg Code (1947), the Helsinki Declaration of the World Medical Association «Ethical principles for medical research involv- ing human subjects» (1964), the Universal Declaration on the Human Genome and Human Rights (1997), the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine (1997) and the Addi- tional Protocols to the Convention, Regulation of the European Parliament and of the Council (EU) No 536/2014. The support of the recommendation to ratify the Convention on Human Rights and Biomedicine and its additional protocols in Ukraine has been expressed.
 It has been established that international acts stipulate that the design and implementation of each human subject research must be clearly described in the research protocol. In addition, research protocols must be subject to prior review by the Ethics Committees.
 It has been substantiated that international acts set for medical research standards, which are based on the principles of respect for dignity and human rights, the priority of interests of the person over the interests of society or sci- ence, compliance with safety requirements and prevention of harm to humans, mandatory permission to conduct medical examination, research and control- lability of the research process and its results, compensation for any damage caused by medical research.
 Conditions of legality of medical research can be divided into general (obser- vance of which is always necessary if a person participates in experiments) and special (additional conditions of legality, which are put forward depend- ing on the field or object of research, namely in the field of experiments com- bined with medical care , human genome research, in vitro embryo research, in the field of clinical trials of drugs).