Catalogue Of Human Rights Research Articles

THE COLLAPSE OF MODERN DEMOCRACY

This scientific article will demonstrate the birth, evolution and crisis of modern democratic regimes. As notorious knowledge, democracy arose from the fall of the monarchical absolutist regime, when human rights appeared accompanied by constitutionalist movements. The evolution was gradual, the result of the social demands that emerged, noting at first the French ideological tripod, namely, freedom, equality and fraternity, reflecting on the social constitutions of social character. It turns out that with the increase of social demands, the state apparatus itself became unable to meet them, despite the existence of social constituent letters enumerating a catalog of human rights. Thus there is the occurrence of the phenomenon of apparent democracy, in which there is a constitutionally foreseen sequence of human rights, together with appropriate legislations, but are not met by the public power, collapsing the system. At the same time, other elements that contribute to the end of democracies are observed, and can point out the partisan political articulations, the search for perpetuation in power, the confidential meetings, the votes for a certain matter and so on that configure what they are what Political scientist Norberto Bobbio defines how the “rules of the game” democratic. Finally, it is appropriate to mention the occurrence of the invisible power of democracy, where not only the subjects hides, but also the content of decisions until the moment they must become public, always having other objectives.

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.

The Absolute Capacity to be Killed and the Right to Life as Exemplified by the European Convention

The state remains the main arena of human existence and action. Woven from a dense network of political, economic, social and cultural connections, it dictates the conditions in which people are born, function and die. The decision whether individuals or their entire groups will live or die remains at the discretion of the arcana imperii. One of its manifestations is the use of the death penalty. The right to life, being the most important of the numerous catalogue of human rights, represents an institutional attempt to limit the powers of the state in this regard, an attempt which he has proven to be successful in the European space.

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.

Problems related to statelessness as a consequence of the war in Ukraine from the Polish perspective

One of the problems that has become particularly important for Europe in the face of the ongoing war in Ukraine is the problem of statelessness. It concerns not only the imperfections of applicable legal regulations and their interpretation but above all the practice of their application. It is also visible in Poland, a country that, as one of Ukraine's closest neighbors, was strongly affected by the war, among other things, through the influx of people fleeing the war. This Polish perspective has become a point of interest for considerations on problems related to statelessness. The aim of the article is to demonstrate the connection between the ongoing war in Ukraine and the increased risk of statelessness in Poland. Moreover, an indication of the complexity of the topic, which concerns not only the universal problem of creating and avoiding statelessness but also the situation of individual people affected by statelessness. Stateless persons are deprived of the opportunity to enjoy the full catalog of human rights. The author comes to the belief that work related to Poland's ratification of two global instruments on statelessness (the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness) should be accelerated. It is also necessary to create an internal, comprehensive legal regulation relating to stateless persons, which would ensure their protection. The idea is to create mechanisms to facilitate their acquisition of citizenship as well as to create preventive mechanisms to prevent the problem of statelessness. The basic research methods used were the historical method to describe the beginnings of interest in the problem of statelessness, the dogmatic-legal method to describe the phenomenon of statelessness, and the analysis of applicable legal regulations and other source texts to describe the effects and consequences of statelessness.

Cyborgs on the horizon. Are we ready? Examining the (a)legality of transhumanist practices within the EU

Abstract Summary Most western contemporary legal systems are grounded in natural law principles established by modern humanism even though various alternatives, post-humanism being among the most influential, start influencing their understanding. In addition, the effect of the rapid pace of technological development on humanity has made the inherent limitations of its rules and other social arrangements manifest, as the use of technology is growingly used for human enhancement. The advocacy seeking to expand the catalogue of human rights and to cover transhumanism has started to bear fruit, but more conceptual developments are needed to lay the foundations for a more systemic regulatory development. This reflection paper focuses on the use of microchip implants, from among the augmentation practices that have recently flown under the radar of legal scientific research. These electronic devices re-shape the experience of being human and their various applications suggest that the penetration levels of capacity enhancing technologies will continue to be on the rise. It will discuss and clarify whether and to which extent transhumanism, personal rights and private autonomy are connected, and the former sufficiently covered by the right to bodily integrity (RBI). The reflection will rely on a comparative and interpretative approach based on the extant literature, national and European Union (EU) regulatory initiatives, and recent doctrinal developments found in case law.

Universality of human rights as their main property

The author considers the issue of protection of universal women's rights. The first thing that draws attention is the concept of human rights and their importance in the world, the essence of universal human rights. The article is devoted to defining the place and role of women's rights in the catalog of human rights. In particular, on the basis of the international legal analysis the acts which have laid the foundation of legal protection of women are allocated; based on international legal acts, periodic systematization of the most important milestones in the formation of women's rights is carried out - formations in the development of gender rights are determined; the analysis of the legal status of women in society is carried out from the standpoint of both legal protection and the real state of affairs, so the problematic issues which face further improvement of the protection of women's rights are highlighted.
 International case law on the protection of women's rights is considered. Relevant decisions of the European Court of Human Rights are given. The system of international universal human rights standards is studied, their characteristics are given. The system of legal registration of women's rights institutions in the context of international standards is described, the problematic issues of their implementation, provision and protection through basic mechanisms of human rights protection at different levels are studied, the practice of human rights mechanisms is analyzed.
 It is concluded that the main problems in the realization of women's rights, which are pervasive, are the use of domestic violence and discrimination in employment. It is these issues, both at the level of the international community and in national legal systems, including Ukraine, that should be the focus of attention.

Konstytucyjne prawa osobiste i majątkowe twórców nauki de lege lata i de lege ferenda. Zagadnienia konstrukcyjne w kontekście uniwersalnego systemu ochrony praw człowieka

This paper focuses on analysing the relationship between intellectual property law and human rights in point of view protecting the moral and material interests of the creators of intangible goods. The paper aims to determine whether the catalogue of human rights includes the subjective right of the creators of intangible goods to protect their personal and material rights to the fruits of their intellectual work and reconstruct the content of this right. The considerations are carried out from the background of the Polish and universal system of protecting human rights and the legal requirement to provide adequate protection to the creators of Science. The paper concludes that the catalogue of human rights includes the subjective right of the creators of intangible goods to protect their moral and material interests and reconstruct the content of that right.

The right to protection from domestic violence

The article is devoted to the study of the essence, content and features of the right to protection from domestic violence. It was stated that domestic violence is one of the biggest problems in the modern world, the level of which has increased in the context of anti-epidemic measures taken by states due to the coronavirus pandemic. The statistical data testifying to the aggravation of the problem of domestic violence in Ukraine are given. The normative bases for the formation of the right to protection from domestic violence and its inclusion in the catalog of human rights are analyzed. The characteristic of legal protection on protection of domestic violence as a subjective public law is given, on the basis of, firstly, in it along with interest of personal establishments and public interests, secondly, its realization within the limits of relations which are public-legal characteristics. The content of the person's interest (to receive protection from authorized entities in the form of measures aimed at restoring violated rights) and the public interest (the need to maintain public order and security), which are the basis of the investigated law. The subject (owner) of the right to protection from domestic violence is determined, its features are singled out, the peculiarities inherent in the child as a subject of such a right are highlighted. It is proved that the exercise of the right to protection from domestic violence is carried out both at the request of the person and without such, at the initiative of the authorized entity based on the results of risk assessment. The subjects endowed with the duty to take measures aimed at protecting a person from domestic violence are outlined, they are divided into types: prevention, support of victims, prosecution of perpetrators. Prevention or prevention involves taking measures to prevent domestic violence. Support for victims is to take the necessary measures to avoid recurrence of violence, to provide independence and economic independence to victims of violence, to take into account the special needs of vulnerable people, including victims, to obtain relevant and timely information on available support services and legal measures. which is understood by the victims. The offender is brought to justice through court proceedings. Liability can be criminal, administrative and material.

TYPOLOGY OF THE FOURTH GENERATION OF HUMAN RIGHTS

The article examines the approaches of foreign and Ukrainian scientists to the division of human rights into three generations and the adoption of the category «fourth generation of human rights» into the scientific turnover. It has been established that both the initiative to put the said proposal into practice and the legislative consolidation of human rights defined as belonging to the fourth generation of human rights at national and international levels are ambiguously perceived by representatives of different nations. It is emphasized that human rights are a complex of natural and indestructible freedoms and legal possibilities, which have emerged due to the fact of human existence in society. Jurisprudence acknowledges the existence of three generations of human rights, each of which had arisen from the need to meet needs that arose alongside the course of human evolution. Nowadays, we can say that a radically new generation of human rights is emerging. Its appearance is related to the technological progress of humanity. The rights of the fourth generation are a category of rights that is ambiguously perceived by society in different countries. A large number of such rights is criticized both by religion and by morality. At the same time, notwithstanding the ongoing scientific debate on the formation of the fourth generation of human rights, it is necessary to acknowledge the existence of human rights, which include the right to die, the human right to dispose of the organs and tissues of his body, sexual rights, reproductive rights, the right to change sex, digital rights. The fourth generation of human rights is in its formation, and therefore the scientists’ proposed approaches to the classification of human rights based on exhaustive lists cannot fully reflect its actual state. In our opinion, at the present stage of its formation, the catalog of human rights of the fourth generation should include digital rights and somatic rights. It is important to emphasize that the doctrinal discussion of the fourth generation of human rights will not provide a complete overview of the topic. Therefore, there is a need to conduct a comprehensive analysis of specific human rights of the fourth generation at the international level, taking into account the consequences that their introduction or refusal to be recognized and implemented may result.

Homeless people in the legal system

The article is devoted to the legal situation of people in a crisis of homelessness from the perspective of the implementation of human and citizen rights. To this end, the law was reviewed in the scope of satisfying housing needs, the possibility of obtaining an ID card, employment, active voting rights and health care. These are, of course, only selected areas in which the particular situation of homeless people is reflected. Attempts have been made to indicate that the legislator, as a rule, takes into account the specific conditions of existence of homeless people by introducing regulations that allow them to use the full catalogue of human rights and freedoms while respecting the principle of non-discrimination due to the lack of housing or residence. Despite this, there are still areas where the welfare of homeless people is not properly protected. The reason for this situation are difficulties in the practical implementation of solutions contained in normative acts, imprecise legal provisions, as well as the very diverse situation of people experiencing homelessness.

The Magna Carta of Mankind: The Universal Declaration of Human Rights at 70

This paper provides an overview of the human rights provisions of the UN Charter and the detailed catalogue of human rights proclaimed in the historic UDHR. The drafting history of UDHR reveals many compromises and agreements among participating States representing different socio-political, legal, cultural and philosophical backgrounds. The salient features of human rights have been essayed, besides providing criticisms and praises of the Declaration. It also briefly discusses the significance of two International Covenants on Human Rights – the ICESCR and the ICCPR. The UDHR and the Covenants together with their Optional Protocols are known as the “International Bill of Human Rights”, the first in human history. The Universal Declaration was viewed as the first step in the formulation of an “International Bill”. It is a baseline of all international human rights documents, as it inspired their adoption. It discusses the significance and impact of UDHR in national and international politics. It argues that now the UDHR has become customary international law, as it has been invoked by national and international courts. The state practice during the last 70 years reveals that UDHR, though a non-binding resolution of the General Assembly, has acquired moral, legal, and political status. Since UDHR is considered as an explanation and elaboration of UN Charter provisions on human rights, UN members are obliged, to comply with them.

Derechos humanos emergentes: ¿nuevos derechos?

El derecho internacional de los derechos humanos es una ciencia jurídica de importancia creciente por la existencia del bloque de constitucionalidad y la validez y preponderancia que sus normas adquieren en el derecho interno. Cada día, se amplía el catálogo de los derechos humanos a través de nuevos instrumentos internacionales como lo son los tratados y la interpretación de los ya existentes adquiere nuevos matices. En ese sentido, han venido irrumpiendo en la última década en este escenario los derechos humanos emergentes, que se consideran nuevos derechos y aún pugnan por un lugar en la normatividad internacional y de los Estados.

Rights of Minorities to Establish and Administer Educational Institutions in India: Some Constitutional Reflections

Minority rights have been accepted into the cannons of both the international human rights law and the constitutional laws in most of the post-colonial nation States. Minorities world over – religious, linguistic and ethnic – have been constitutionally recognized as groups needing special protection and safeguards from the majoritarian attitudes or policies of discrimination towards their legitimate interests. Indian Constitutional law is one of the best in the world to provide a detailed catalogue of human rights to which every individual, including those belonging to religious and linguistic minorities, is entitled to enjoy without any discrimination. Besides this, every minority group enjoys religious, linguistic, cultural and educational rights. This paper deals with the rights of minorities to establish and administer educational institutions under the Constitution of India. It explores the Constituent Assembly debates and text of the Indian Constitution on Article 30, which grants minorities right to establish their own educational institutions. Further,the paper looks into the various Supreme Court decisions on the subject in order to better understand the jurisprudence of this fundamental right. The debate in the Constituent Assembly was full of containment as the draft articles on the minority educational institutions were criticized as being group rights and were argued as being against the concept of democracy, justice, and secularism. Also, it was feared by some that it might underpin the national unity. This is one of the reasons behind ambiguous nature of this provision. The biggest loophole of this provision is that it does not define the term “minority”. Despite these problems,the paper argues that Article 30 offers an important space to the minorities to shape their educational situation in accordance to their desires and should be encouraged as it helps the State in dealing with culture-specific factors behind their educational backwardness.

Cultural and Religious Relativism as Opposition to the Aims of International Human Rights Law: Revisiting the Universalism vs. Regionalism Debate

International human rights law is a fragmented system. This universally conceived branch of international law is challenged by cultural and religious relativism emanating from regional human rights systems. Regional divergence is manifested through unique human rights conventions and through reservations to treaties. The paper argues that even though cultural and religious relativism may have legitimacy, they can constitute an opposition to the fundamental aims of international human rights law, and exacerbate fragmentation. The study analyses the universal conception of human rights, and then explores regional conceptions of human rights with particular reference to cultural and religious relativism. The paper analyses how reservations to human rights treaties enable states to make superficial commitments to human rights, while retaining their cultural and religious values which may be in conflict with the universal catalogue of human rights. Finally, the paper proposes ways in which human rights systems of the world may be balanced.

Council of Europe and Its Priorities on the Reform of the Legal System in Albania

After the Second World War in all international organizations, it was created a spirit of overall giving a fundamental importance to the recognition and the guaranteeing of human rights. These organizational initiatives by then tried to avoid what had just happened, that according their existence results precisely to the goals of peace and friendly relations increasingly between them. In such circumstances setting out the principles on which relations between Member States of European council should support. Which supports the Council of Europe and in its efforts Albania has responded to the essential changes that apparently occurred in its legal system within the country. The Council of Europe has played an essential role for countries like Albania with typical character which aspired to adopt new reforms on the international stage but based on their a regional level. Following the principles and objectives enunciated in the UN Charter as well as the spirit that pervades today regarded as a universal catalog of human rights, Albania more than anyone else had some-century clash conflict. Council of Europe had defined its key purpose in his status founded and signed on 5 May 1949 in London, called the Treaty of London which states

Council of Europe and Its Priorities on the Reform of the Legal System in Albania

After the Second World War in all international organizations, it was created a spirit of overall giving a fundamental importance to the recognition and the guaranteeing of human rights. These organizational initiatives by then tried to avoid what had just happened, that according their existence results precisely to the goals of peace and friendly relations increasingly between them. In such circumstances setting out the principles on which relations between Member States of European council should support. Which supports the Council of Europe and in its efforts Albania has responded to the essential changes that apparently occurred in its legal system within the country. The Council of Europe has played an essential role for countries like Albania with typical character which aspired to adopt new reforms on the international stage but based on their a regional level. Following the principles and objectives enunciated in the UN Charter as well as the spirit that pervades today regarded as a universal catalog of human rights, Albania more than anyone else had some-century clash conflict. Council of Europe had defined its key purpose in his status founded and signed on 5 May 1949 in London, called the Treaty of London which states

The global constitutionalization of human rights: Overcoming contemporary injustices or juridifying old asymmetries?

Recent decades are marked by an impressive expansion of actors and legal structures intended to globally extend a certain ‘Western’ catalog of human rights. Recently, too, legal scholars have developed concepts to justify normatively the expansion of human rights (e.g. Habermas, Walker, Koskenniemi). This article reviews recent legal literature on global constitutionalization of human rights to reveal its blind spots, at two levels: i) the reaffirmation of European precedency for establishing the sources of human rights and ii) a lack of sociological tools for describing interpenetrations between law, power and social inequalities. In order to empirically illustrate these objections, the article analyses the recent global expansion of human rights of minorities, using two examples: cases treated by the Inter-American Court of Human Rights and the Brazilian legalization of ancestral territories of afro-descendants. Finally, the article argues for a decentered perspective that (at the local level) connects human rights with concrete claims for justice.

The Protection of Human Dignity in Hungarian Media Regulation

Human existence and dignity, just like human unity itself, are not actually rights. The essence of humanity, as regards the law, is inaccessible. Because of this, human life and dignity are included in the catalogue of human rights and in modern constitutions as the sources of rights, as inviolable values beyond the law. The law must guarantee that these inviolable values are respected and protected.

From “Liberal Minimum” to the “Complete Catalog of Human Rights”: On Central Concepts of Hungarian Postdissident Liberals

This article analyzes how five leading Hungarian postdissident liberal thinkers conceptually constructed their view of liberalism in the early years of postcommunism. Studying Beszélő, the most signi cant liberal journal during the early years of representative democracy, it shows how they did so through references to political “threats” and the idea of a “liberal minimum” (János Kis), local liberal and democratic traditions and “progressive patriotism” (Miklós Szabó), the ongoing “liberal-conservative revolution” and the creation of a “new political community” (Gáspár Miklós Tamás), antipolitics and “expertise” (György Konrád), and the “complete catalog of human rights” and the agenda of “modernization” (István Eörsi), respectively. Next to its conceptual analysis of heavily influential individual thinkers, the article discusses the ambition of postdissident Hungarian liberals to harmonize liberal and democratic tenets. Last but not least, it elaborates on the left-wing origins of many of their central concepts that, as suggested here, ultimately hindered liberalism's assumption of a central position in the new political system.