Bill Of Human Rights Research Articles

PROTECTION OF HUMAN RIGHTS AND ENSURING SOCIAL JUSTICE - A UNITED NATIONS PERSPECTIVE

Social justice is a concept that evolved through industrial revolution and with the advent of socialist views on the organization of the society. The concept has its roots in Anglo Saxon political culture which dominated in 10th century. It does not find place in the Bill of Human Rights which comprised the Universal Declaration of Human Rights which was adopted by the General Assembly in 1948 to ensure fundamental human rights for all and the two Covenants adopted in 1966. Whereas Human Rights are inherent rights that one has because one is human. The Preamble of the Universal Declaration of Human Rights states that recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. Human rights and social justice are not synonymous and are two different concepts but they are closely linked. The Universal Declaration of Human Rights includes economic, social and cultural rights such as the right to health, security in the event of unemployment, and education. In 1966, these rights were brought into the International Covenant on Economic, Social and Cultural Rights (ICESCR), part of the International Bill of Human Rights. With this The Vienna Declaration and Programme of Action affirm that Human rights education should include peace, democracy, development and social justice, as set forth in international and regional human rights instruments, in order to achieve common understanding and awareness with a view to strengthening universal commitment to human rights. Thus, social justice is based on the concept of human rights and equality and can be defined as the way in which the human rights are manifested in the lives of people at various levels of society. This paper analyses the concept of social justice & human rights from the UN perspective.

A review of the legitimacy of FIFA’s participation in Qatar’s human rights governance

ABSTRACT Respecting and protecting human rights is one of the fundamental principles stipulated in the FIFA Charter. In the case of labour issues in Qatar, there is a legality issue with FIFA’s participation in Qatar’s human rights issues. FIFA has not clarified either its legal status or responsibilities in participating in human rights governance. FIFA claims that its involvement is based on the International Bill of Human Rights and the United Nations Guiding Principles on Business and Human Rights, but neither of these gives FIFA the right to directly intervene in the human rights affairs of other sovereign states. Therefore, it is necessary to review the legal insturments of the human rights sanctions imposed by FIFA in the Qatar case and deduce from various legal documents those activities in which FIFA is entitled to engage, and the role it had played and would play in human rights issues deduced from the FIFA’s practice in Qatar.

International Protection of Human Rights in Non-International Armed Conflicts

This research examines the foundations for protecting human rights in non-international armed conflicts. The meaning and importance of the International Bill of Human Rights will be clarified, and the applicable rules for resolving non-international armed conflicts will be explained. The research relied on descriptive and analytical methods and was the primary objective. The results yielded several important results, the most important of which is that due to the International Committee of the Red Cross's tireless efforts and coordinated regional and global efforts, it introduced the draft articles created by the four agreements to the Diplomatic Conference held in 1949. This Article was delivered to the Conference and attempted to apply the principles of the agreements to all instances of armed conflict, including those involving non-international armed conflicts. The study suggested reviewing the texts of the Geneva Conventions of 1949, considering the past experiences of non-international armed conflicts to ensure greater protection of human rights.

Профсоюзы: от насильственного социального протеста к мирным акциям

The article discusses the evolution of the activity of trade unions, which is manifested in their desire to give the protest movement not a spontaneous and often destructive character, but to see a peaceful and creative meaning in the expression of the demands of workers, to form not only among their members, but also in society a kind of culture of social protest . This explains the understanding by the authorities of the need to legalize the activities of trade unions. It is also shown that trade unions are assisted in the formation of such a culture of social protest by authoritative international organizations, in particular, the ILO and the UN, and the very activity of trade unions is based on the rights of workers enshrined in the International Bill of Human Rights.

International Obligation to Counter Gender Apartheid in Afghanistan

The following article was first published in the Columbia Law Journal and is reproduced with permission and an updated introduction.
 Since they returned to power in August 2021, the Taliban are again imposing a regime of gender apartheid in Afghanistan in violation of international law, just as they did in the 1990s. Given that it is pervasively discriminatory, gender apartheid poses specific human rights problems requiring particular, heightened responses. A system of governance based on subordination of women institutionalizes sex discrimination across state political, legal, and cultural infrastructures. It necessitates different counter-strategies.
 This article suggests conceptual architecture for analyzing and responding to this aspect of the current Afghan crisis. Specifically, the robust international legal framework that helped end racial apartheid should be urgently adapted to address gender apartheid and concert the responses of other states to it. 
 There are three principal arguments in favor of this approach. 1) It is essential for fulfilling states’ international legal commitments on sex discrimination across every document in the International Bill of Human Rights, as well as the specific target they affirmed in the Sustainable Development Goals to achieve gender equality by 2030. 2) Any other stance leads to an unacceptable imbalance in the manner in which international law addresses discrimination on the bases of sex and race. 3) This may be the only way to effectively tackle systematic Taliban abuses, as the organization is deeply committed to its violations of women’s rights and already sanctioned by the United Nations Security Council. Such an approach marshals the resources of the international community to constrain the Taliban, and is the best hope for ensuring the credibility, legitimacy and effectiveness of the international legal response.

The right to education and the principle of equality: from an idea in the works of Professor Hersch Lauterpacht to enshrining in the Universal Declaration of Human Rights

The article examines the scientific contribution of Professor Hersh Lauterpacht to the development of the idea of enshrining in writing the right to education in the Bill, its content and the principle of equality. It is noted that Sir H. Lauterpacht’s scientific views on the right to education are still relevant today. Attention is focused on the fact that everyone’s right to education is sometimes replaced by people’s enlightenment. The issue of ensuring the right to education by the aggressor state in the territories temporarily occupied by it is raised. It is stated that the state violates its international obligations to ensure everyone’s right to education if it replaces people’s education with people’s enlightenment. The issue of the economic development of the state, the economic potential of the state, international and domestic standards of the right to education, and their interrelationship is also raised.
 It is concluded that the ideas set forth in Professor G. Lauterpacht’s monograph «The International Bill of Human Rights» were progressive in nature, and essentially it was about the need to establish a written catalog of human rights, as well as about the fact that this catalog should be part of the structure of the world. Sir Gersh Lauterpacht in his scientific work applied the approach according to which he proposed to enshrine the state’s obligations in the field of human rights in the Bill. In the Universal Declaration of Human Rights, an approach was applied, according to which human rights were enshrined, and with respect to the duties of the state, a veiled enshrining of them was applied.
 It is established that Sir G. Lauterpacht: 1) considered the right to education of everyone as a duty of the state, which it must conscientiously fulfill; 2) linked the standard of the right to education with such factors as: 1) the economic potential of the state; 2) economic development of the state. Accordingly, in states that have higher economic development and greater economic potential, the standard of education should be higher, and in states that are less economically developed and have less potential, the minimum standard of the right to education should be ensured; 3) introduced such a criterion for evaluating the fulfillment of the state’s obligation to ensure the right to education as efficiency. If the state is an entity that has the duty to effectively ensure the right to education, then, accordingly, the state must bear responsibility if it does not effectively ensure this right.
 Professor G. Lauterpacht proposed to enshrine the principle of equality in writing. Regarding the content of this principle, he applied an approach according to which the state is entrusted with the duty to ensure full equality before the law of all and equal treatment of every person of state power. It is established that the idea of the prohibition of discrimination and its content, which Professor Hersh Lauterpacht proposed to enshrine in the Bill, laid the foundation for desegregation in education.
 The influence of Hersh Lauterpacht’s monograph on the formulation and consolidation of the right to education and the principle of equality in the written act on human rights - the Universal Declaration of Human Rights - has been revealed.

Historical Journey of Human Rights Since Magna Carta to International Bill of Human Rights: An Analysis

Human rights, is a modern word. Thomas Paine coined the phrase, and Eleanor Roosevelt popularised it after World War II. The modern evolution of human rights began with the Magna Carta in 1215 and culminated in the “International Bill of Human Rights." However, the history of human rights is as old as human civilization. The paper analyses the historical journey of human rights from Magna Carta to the “International Bill of Human Rights." The paper also evaluates the contribution of each document and event during this period. In modern times, human rights started with concessions to the barons of society from heavy taxes and reached to the individual rights in all walks of life. The paper also traces the causes, philosophy, influence, and outcome of all important documents and revolutions.

The right to education and the principle of equality: from an idea in the works of Professor Hersch Lauterpacht to enshrining in the Universal Declaration of Human Rights

The article examines the scientific contribution of Professor Hersh Lauterpacht to the development of the idea of enshrining in writing the right to education in the Bill, its content and the principle of equality. It is noted that Sir H. Lauterpacht's scientific views on the right to education are still relevant today. Attention is focused on the fact that everyone's right to education is sometimes replaced by people's enlightenment. The issue of ensuring the right to education by the aggressor state in the territories temporarily occupied by it is raised. It is stated that the state violates its international obligations to ensure everyone's right to education if it replaces people's education with people's enlightenment. The issue of the economic development of the state, the economic potential of the state, international and domestic standards of the right to education, and their interrelationship is also raised.
 It is concluded that the ideas set forth in Professor G. Lauterpacht's monograph «The International Bill of Human Rights» were progressive in nature, and essentially it was about the need to establish a written catalog of human rights, as well as about the fact that this catalog should be part of the structure of the world. Sir Gersh Lauterpacht in his scientific work applied the approach according to which he proposed to enshrine the state's obligations in the field of human rights in the Bill. In the Universal Declaration of Human Rights, an approach was applied, according to which human rights were enshrined, and with respect to the duties of the state, a veiled enshrining of them was applied.
 It is established that Sir G. Lauterpacht: 1) considered the right to education of everyone as a duty of the state, which it must conscientiously fulfill; 2) linked the standard of the right to education with such factors as: 1) the economic potential of the state; 2) economic development of the state. Accordingly, in states that have higher economic development and greater economic potential, the standard of education should be higher, and in states that are less economically developed and have less potential, the minimum standard of the right to education should be ensured; 3) introduced such a criterion for evaluating the fulfillment of the state's obligation to ensure the right to education as efficiency. If the state is an entity that has the duty to effectively ensure the right to education, then, accordingly, the state must bear responsibility if it does not effectively ensure this right.
 Professor G. Lauterpacht proposed to enshrine the principle of equality in writing. Regarding the content of this principle, he applied an approach according to which the state is entrusted with the duty to ensure full equality before the law of all and equal treatment of every person of state power. It is established that the idea of the prohibition of discrimination and its content, which Professor Hersh Lauterpacht proposed to enshrine in the Bill, laid the foundation for desegregation in education.
 The influence of Hersh Lauterpacht's monograph on the formulation and consolidation of the right to education and the principle of equality in the written act on human rights - the Universal Declaration of Human Rights - has been revealed.

Challenges to achieve gender equality in South Africa

The article is devoted to achieving gender equality and overcoming gender discrimination in the Republic of South Africa. The analysis of the scientific literature on this issue attests to the variety of problems that negatively affect gender equality in society. The urgency of solving this scientific problem lies in the fact that to improve the situation; it is necessary to accumulate financial and intellectual resources to expand the rights and opportunities of women. For the needs of this study, the methods of conceptual analysis were chosen, which involve a careful study of rational relationships between terms, concepts, variables, definitions, constructions, hypotheses, theories and statements, as well as categorization of their consequences and assumptions. The collection of information for the office study lasted 3 months. The Republic of South Africa was chosen as the case of the study because, starting in 1994, a democratic regime was established in the country, which helped to overcome the problems of racial inequality and discrimination. The normative basis for ensuring gender equality is determined by the second chapter of the International Bill of Human Rights and the Constitution of the Republic of South Africa. The issue of protecting gender inequality in the workplace is also regulated. The study empirically confirms and theoretically proves that despite the legislative regulation of the problem of gender equality and the strengthening of the international community to this issue, women still cannot take on strategic roles and leadership in management decision-making due to gender disparity in both political and administrative positions. To ensure equal rights and opportunities for women and men, which are defined at the legislative level, it is necessary that the top management of companies is aware of the gender equality programs that can be implemented in their respective divisions and that gender awareness is integrated into the organizational culture and processes monitoring. The work emphasizes the need to change the paradigm from a gender-biased to a gender-oriented society. The study results can be helpful for policy makers to implement a gender mainstreaming strategy to promote gender equality.

Death Penalty and Right to Life: A Comparison between International Bill of Human Rights and Islam

In human history, the death penalty is not a brand-new form of punishment. In early civilizations, it was known and widely used throughout the world. It was legalized in Codex Hammurabi. Contrary to its long history, the view changed radically after World War II. The abolition of it began to be propagated during the Universal Declaration of Human Rights (UDHR) formulation in 1948 due to respect for the right to life. Islam adheres to the fundamental principle that everyone has the right to life, but that does not mean there is no death penalty in Islam. In this research, the problem to be solved is whether the death penalty regulation, according to the International Bill of Human Rights and Islam, has accommodated the right to life. The purpose of it is to find out and analyze which death penalty regulatory regime is more accommodating to the right to life. This type of research is normative juridical research using secondary data consisting of primary and secondary legal materials. The approaches used are statute and comparative approaches. This research shows that the right to life is thoroughly accommodated in the Islamic death penalty regulation, while the abolition of it under the mandate of the International Bill of Human Rights, especially the Second Protocol to International Covenant on Civil and Political Rights, only accommodates the perpetrator right to life of the perpetrator by ignoring many people right who could potentially be taken away if they are not sentenced to death.Keywords: right to life, death penalty, Islam.

IMPLEMENTATION OF THE NORMS OF ILO CONVENTION No.175 ON PART-TIME WORK FOR WORKERS WITH CHILDRENIMPLEMENTATION OF THE NORMS OF ILO CONVENTION No.175 ON PART-TIME WORK FOR WORKERS WITH CHILDREN WITH DISABILITIES INTO THE LEGISLATION OF KAZAKHSTAN

The relevance of this article is due to the fact that in Kazakhstan, despite a fairly significant amount of legal, socio-economic support for socially vulnerable segments of the population, along with an increase in the total population, the number of people with disabilities does not decrease, and vice versa. The article discusses some issues of improving the national legislation of the Republic of Kazakhstan in the field of ensuring and protecting the rights of persons with disabilities, including the draft Social Code being developed at the present stage, as well as proposals for the implementation of the relevant provisions of the Bill of Human Rights, in particular, by implementing of the special conventions of the International Labor Organization given in the article in the area under consideration. An analysis of the content of the term "decent work", proposed by the International Labor Organization, has been made. Some ILO documents related to the implementation of the main components of decent work were studied. Some issues of creating conditions for decent work for persons with disabilities (persons with special needs) in the Republic of Kazakhstan are considered. The features of the requirements of the ILO Charter on the procedure for implementing the conventions and recommendations of this international organization in countries that have ratified them (or accepted for consideration, as regards recommendations) are considered, some aspects of the implementation of ILO Convention 175 “On part-time work”, ratified on April 20, 2022, are analyzed years in the draft Social Code of the Republic of Kazakhstan and the Labor Code of the Republic of Kazakhstan, recommendations were given on the consideration of a number of ILO conventions in the field of protection of the rights and employment of persons with disabilities for their ratification.

INTERNATIONAL LEGAL STANDARDS FOR THE PROTECTION OF THE RIGHTS OF PERSONS WITH DISABILITIES: SOME ASPECTS OF IMPLEMENTATION IN KAZAKHSTAN AND FOREIGN COUNTRIES

Protection, respect and promotion of human rights is one of the universally recognized principles of modern international law. Within the framework of the current universal system of human rights protection, special attention is paid to the most vulnerable categories of persons, which include persons with disabilities. In this paper, the author analyzes the current international legal standards of the United Nations in the field of ensuring the rights of persons with disabilities, including the provisions of the International Bill of Human Rights, the UN Convention on the Elimination of Discrimination against Women, the UN Convention on the Rights of the Child. The classification of the rights of persons with disabilities within the meaning of the UN Convention on the Rights of Persons with Disabilities (civil and political rights, social rights, specialized rights) is given. The author also analyzed the legal framework for ensuring the rights of persons with disabilities in Kazakhstan. In particular, this paper examines the practice of establishing disability in Kazakhstan and foreign countries. In addition, existing models for assessing disability according to the European approach were identified based on an analysis of the legislative acts of Estonia, Spain, and Hungary. The author argues for the need to change approach in Kazakhstan from the assessment of functional capabilities when establishing disability to a holistic approach to assessing disability (holistic approach), which combines the assessment of impairments, functional capabilities and environmental factors. In conclusion, the author proposes a number of relevant recommendations for improving the Kazakhstani practice of establishing disability, taking into account the best foreign experience, through amendments to legislative acts.

Putting Human Rights to Work: Labour Law, the ECHR, and the Employment Relation

It is no exaggeration to say that labour law as a discipline in recent years has experienced something of a crisis of confidence.1 Once standing tall and proud, seemingly impervious to potshots and blows to its status originating from outside its hallowed halls, in the past 40 years or so, it has undergone a series of sustained attacks from a number of directions. In Putting Human Rights to Work, Philippa Collins asks whether the adoption of a ‘rights turn’, and in particular, the recasting of human rights law and fundamental rights as labour rights and/or the incorporation of human/fundamental rights norms into existing labour laws, could be the solution to labour law’s existing woes (pp 35–37). Citing Tarunabh Khaitan’s work on discrimination law, Collins refers to work and the workplace as ‘the enabling opportunity’ (p 25), ie, the most obvious arena in life where individuals can establish social, financial and psychological security, extend their opportunity sets and realise human flourishing.2 Collins goes on to make a persuasive case in favour of a draft Bill of Human Rights for Workers (Ch 9), having charted the poverty of imagination displayed by the judiciary regarding the infusion of human rights concepts and norms into the content and scope of common law employment rights and the process of interpretation of statutory employment rights. The point is made that the opportunity to marshal the worker-progressive potential of human rights as a means of expanding the protective capacity and range of employment rights, has been largely wasted.

Универсальный правозащитный механизм на страже сохранения или ревизии института семьи

The article attempts to comprehensively analyze the institution of family, which is enshrined in the Universal Declaration of Human Rights (UDHR) and in two International Covenants on Human Rights - the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), which together with the UDHR form the International Bill of Human Rights. The article examines the views of relevant treaty bodies empowered to monitor the implementation of the International Covenants on Human Rights by States parties, represented by the Human Rights Committee and the Committee on Economic, Social and Cultural Rights in relation to the institution of the family, expressed by them in their general comments and related concluding observations on the periodic reports of States parties to the International Covenants. The opinions of the European Court of Human Rights and other human rights treaty bodies in relation to the institution of the family are also presented in comparative order. The article emphasizes that the preservation of the approach that was laid down in the institution of family in the relevant International Covenants on Human Rights, as well as deviations from it, which the author qualifies as ultra vires powers vested in the relevant human rights treaty bodies.

Application of Human Rights Laws in Pakistan: A Study with Reference to International Bill of Human Rights

Purpose: The present paper explores the efforts of Pakistan regarding application of Human Rights Laws. At first, the research explains the main Human Rights declarations and covenants and then their incorporation into Pakistani laws has been described.
 Design/Methodology/Approach: The global perspective of Human Rights and developments at regional level has been studied by using the domestic statutes, international covenants, conventional, etc. The doctrinal method of research has been adopted to achieve the objectives of the current study.
 Implication: The study has disclosed that being signatory of UNO Conventions and Declarations, the Pakistan has been under obligation to incorporate International Human Rights into its legal system. 
 Findings: The study finds that Pakistan has taken into consideration the international developments on Human Rights and has enacted various laws accordingly to promote the fundamental liberties.

INSTITUTION OF FAMILY IN THE INTERNATIONAL BILL OF HUMAN RIGHTS: ITS UNDERSTANDING AND USE

The purpose of the research. The article examines the main international legal acts of the universal level that form the International Bill of Human Rights (UDHR, ICCPR and ICESCR), which contain articles that enshrine the right of men and women to marry and found a family. The article contains the comprehensive study of views of the relevant treaty bodies (Committees), established on the basis of two International Covenants, on the understanding of the institution of family in a human rights context, which were set out by the HRC and CESCR in their general comments and concluding observations on the periodic reports of the States parties. Results. The article provides an almost exhaustive list of those aspects that are raised by the views of the HRC and the CESCR in relation to the relevant provisions of the ICCPR and ICESCR on the family, which they understand as the union of a man and a woman on the basis of marriage. Thus, the author tries to achieve the main purpose of the research: a family as a natural social basis of society and as a legal institution widely used in the international human rights law has nothing to do with LGBT+ issues.

Are Universal Human Rights Universal?

One of the issues constantly discussed in the context of human rights is their assessment as universal or relative. International human rights norms are universal, which corresponds to the nature of human rights. The process of universalization of human rights began after the second world war with the creation of the United Nations, whose Charter declared its determination to reaffirm faith in the fundamental rights of the individual, in the equality of men and women and in the equality of nations large and small. These intentions of the organization were confirmed by the adoption of universal documents: the International Bill of Human Rights, including the Universal Declaration of Human Rights of 1948, the International Covenants on Human Rights, opened for signature on December 16, 1966, and other acts. However, the problem lies in the fact that human rights recognized at the international level as universal and enshrined in international instruments, which must be respected by all and everywhere, lose the signs and qualities of universality under the influence of various socio-cultural, national traditions and customs, religious and other factors, and acquire the meaning or status of relative ones.

Breaching the Interpretative Wall between Private and Public Commercial Contracts

Abstract From a purely contractual perspective, this article reflects upon labour standard clauses with the objective to ensure that the fundamental ILO conventions and the International Bill of Human Rights are complied with throughout global value chains in respectively business-to-business (private), and public commercial contracts. The clauses are in both settings based widely on the same standards; however scholarship on the two types of contracts has been quite separate. The article reviews some Scandinavian case law concerning labour standard clauses and procurement regulation. It finds that contractual argumentation supported the outcome in these cases, isolates this argumentation, and reflects on whether contractual perspectives on the public contract might inspire current research on private contracts. It finally argues that an actual fusion is already taking place, wherefore contract lawyers may play an important role as to whether ‘the interpretative wall’ should be breached, or whether this is not feasible due to the distinctive characteristics of each contract.

Подкатегория «права человека» в отчетности в области устойчивого развития

Цель: раскрытие информации о подкатегории «Права человека» в отчетности в области устойчивого развития, сформированной на основе международного стандарта GRI G4 [1]. Обсуждение: одной из категорий отчетности в области устойчивого развития является социальная, содержащая ряд подкатегорий, включающих аспекты. Информация подкатегории «Права человека» характеризует уровень соблюдения необходимых требований, случаи нарушения прав человека, а также возможности заинтересованных сторон соблюдать свои права и пользоваться ими. В отчете раскрываются недопущение дискриминации, гендерное равенство, свобода ассоциаций, право на заключение коллективных договоров, детский труд, принудительный или обязательный труд, права коренных или малочисленных народов. Международная законодательная база по правам человека включает Международный билль о правах человека, содержащий Всеобщую декларацию о правах человека 1948 г.; Международную конвенцию о гражданских и политических правах 1962г.; и Международную конвенцию об экономических, социальных и культурных правах 1966 г., а также еще более 80 документов (рекомендательных деклараций и руководящих принципов, договоров и конвенций). Результаты: информация нефинансовой отчетности, раскрывающая соблюдение прав человека в части обеспечения свободы союзов, ведения коллективных переговоров, использования принудительного и детского труда, обеспечения прав коренных и малочисленных народов позволяет заинтересованным сторонам оценить деятельность корпорации и принимать обоснованные экономические решения.

ENSURING THE RIGHT TO HEALTH OF STAFF OF THE UNITED NATIONS

The aim: Of the study is to characterize the internal acts of the United Nations on the regulation of the right to health of its staff. Materials and methods: Achieving the purpose of the study is ensured due to the analysis of internal acts of the United Nations, doctrinal sources on the issue selected. The methodological basis is a number of special and general methods. Conclusions: The right to health guaranteed by the International Bill of Human Rights is comprehensive and closely linked to labour human rights. International civil servants of the UN system are not exempt. Thus, within the United Nations, a number of acts have been developed, the provisions of which set out recommendations aimed at reducing possible cases of infection of workers, maintaining their mental health while on quarantine, informing staff about their actions in case of illness, testing workers, etc. However, these acts need to be improved.