Concept Of Human Rights Research Articles

Limitation of labor rights under martial law

The author focuses on the issue of restrictions on particular rights and freedoms through the prism of the provisions of the Constitution of Ukraine and international legal acts, the peculiarities of the mechanism of limiting the right to work and the right to strike as well as the problems of their provision during a state of war. The introduction of the legal regime of martial law in Ukraine provided a legal opportunity to limit the number of individual and collective labour rights and human freedoms temporarily. As for the right to strike, in the conditions of martial law, its implementation is impossible at all, which allows us to assert not just about its limitations, but actually about the temporary cancellation of such a right. Based on the international legal and constitutional principles of limiting human rights, any restrictions must at least comply with the principles of legal certainty and predictability, the requirements of legality, necessity, proportionality, and be non-discriminatory. Despite this, the analysis of the legal regulation of restrictions on labour rights and guarantees in the conditions of martial law indicates the presence of individual both terminological and substantive contradictions and shortcomings of the legal acts by which such restrictions are introduced. With the adoption of the Law of Ukraine “On the Organization of Labour Relations in the Conditions of Martial Law”, which limits the number of constitutional rights and freedoms of a person and a citizen by Articles 43 and 44 of the Constitution of Ukraine, the problems of law enforcement in labour law became more acute due to the presence of several legal acts, which regulate relations in the labour sphere differently. Given this, one of the primary tasks of the state in the post-war future should be to fully restore and ensure the realization of constitutional human rights and freedoms, as well as human-oriented and effective reform of the social and labour spheres. Key words: labour rights, right to work, right to strike, restrictions of rights, martial law.

Ensuring human rights and freedoms under the legal regime of martial law in Ukraine in the context of the National Strategy in the field of human rights

The article is devoted to the study of the current legislation of Ukraine in the field of human rights and freedoms in the conditions of the introduction of the legal regime of martial law, which entails the restriction of constitutional rights and legitimate interests of a person and a citizen. The relevance of the research topic is caused primarily by the realities of today, which are connected with the full-scale invasion of the Russian Federation on the territory of Ukraine, which sets the state's primary task - the preservation of a person, his life and health, honor and dignity, inviolability, which are recognized in accordance with the Constitution of Ukraine, the highest social value in the state. The purpose of the article is to highlight the provision of constitutional human rights under martial law in accordance with the National Strategy in the field of human rights.
 The current state of ensuring the right to a fair trial was analyzed, as a result of which a number of issues related to the military aggression of the Russian Federation were identified, as a result of which the activity of the courts in some territories of Ukraine was partially suspended, as well as the lack of access to information about the status of the proceedings, which negatively affects citizens' realization of their legal rights and legitimate interests.
 The current legislation revealed a lack of detailing of the mechanism for limiting the constitutional right to freedom of thought and speech, expression of views and beliefs, which could lead to a violation of human rights and freedoms. The expediency of intensifying the work of authorized persons in controlling the content of information disseminated through all mass media and the Internet is argued.
 Taking into account the threat to the national security of Ukraine and in order to inform the population in a timely manner, which will make it possible to avoid negative consequences, it is suggested that managers of information fill and update relevant information on official websites and pages of social networks.
 The position regarding comprehensive assistance from the state for the study of the state language by national minorities and indigenous peoples living on the territory of Ukraine is substantiated, without demeaning the linguistic identity of all indigenous peoples and national minorities of Ukraine, which will enable effective socialization and adaptation of the latter in modern conditions.

A qualitative cross-sectional study exploring the implementation of disability-inclusive WASH policy commitments in Svay Reing and Kampong Chhnang Provinces, Cambodia

BackgroundThe Government of Cambodia references core concepts of human rights of people with disabilities in their water, sanitation and hygiene (WASH) policies and guidance. However, few references clearly articulate activities to achieve these.MethodsThis cross-sectional study in Cambodia explores the implementation of core concepts of human rights referenced in Cambodia's WASH policies in Kampong Chhnang and Svay Reing Provinces: Individualized services, Entitlement/affordability, Participation, Family resource, Access. Seven government officials and 10 service providers working in Phnom Penh and the two provinces, 16 women and men with disabilities (aged 18–65+), and four caregivers living in the study sites were included. Purposive sampling was applied to select participants. In-depth interviews were conducted via Zoom and over the telephone and analyzed data thematically using Nvivo 12.ResultsThe Three Star Approach for WASH in Schools was noted as a promising approach for implementing policy commitments to make school WASH services accessible. However, policy commitments to disability-inclusive WASH were not always enacted systematically at all levels. Organizations of Persons with Disabilities faced challenges when advocating for disability rights at WASH sector meetings and people with disabilities were inconsistently supported to participate in commune WASH meetings. Poor access to assistive devices (e.g., wheelchair) and inaccessible terrain meant few people with disabilities could leave home and many had inadequate WASH services at home. Few could afford accessible WASH services and most lacked information and knowledge about how to improve WASH access for people with disabilities. Caregivers had no guidance about how to carry out the role and few had assistive devices (e.g., commodes, bedpans) or products (i.e., lifting devices), so supporting WASH for people with disabilities was physically demanding and time-consuming.ConclusionThis study has noted several areas where Cambodia's WASH systems are focusing efforts to ensure people with disabilities gain access to WASH, but it has also highlighted aspects where implementation of policy commitments could be strengthened. A more comprehensive and cross-sectoral approach to progressively realizing the rights to water and sanitation for people with disabilities and challenging disability discrimination more broadly could significantly disrupt the vicious cycle of poverty and disability.

The Paris Target, Human Rights, and IPCC Weaknesses: Legal Arguments in Favour of Smaller Carbon Budgets

The Paris Climate Agreement (PA) provides an overall target which limits global warming to “well below 2 °C above pre-industrial levels” and “pursuing efforts to limit the temperature increase to 1.5 °C above pre-industrial levels” (Art. 2 para. 1 PA). This article assesses the extent to which new insights can be derived from recent IPCC reports for the interpretation of Art. 2 para. 1 PA from a legal perspective. To this end, the article analyses the contributions of Working Groups I and III of the sixth assessment report. Methodologically, we compare the findings with previously published IPCC reports, namely the 1.5 °C report and the fifth assessment report. A legal interpretation of the Paris Agreement and of core concepts of human rights follows. Several empirical indications show that current global greenhouse gas budget calculations are quite generous. We provide five empirical arguments that clearly point in that direction. These empirical arguments, combined with legal arguments, demonstrate that the budgets must be smaller than those estimated by the IPCC. The legal arguments are based on Art. 2 of the Paris Agreement, as well as on human rights and the precautionary principle. These norms contain an obligation to minimise the risk of significant damage, i.e., to take rapid and drastic climate protection measures. This implies: 1.5 °C is the legally binding temperature target; adherence requires a very high probability of achieving the target; temperature overshoot and geoengineering tend to be prohibited, and budget calculations must be based on sceptical factual assumptions. These findings have also been confirmed by recent rulings of supreme courts, such as the ground-breaking climate decision of the German Federal Constitutional Court. The Paris Agreement and human rights underline a legally binding obligation for smaller global greenhouse gas budgets as those estimated in the greenhouse gas budgets of the IPCC—even compared to the 83 percent scenario in the latest assessment. Thus, climate policy will have to raise its ambitions towards zero fossil fuels and a drastic reduction of livestock farming in times of the Ukraine war.

Constitutional human rights under martial law: legal realities

The military aggression of the Russian Federation and its full-scale invasion of the territory of Ukraine forced the introduction of martial law in Ukraine and the transition of the state apparatus and society in general to functioning in new legal realities. The introduction of martial law is reflected in the provision of constitutional human rights under martial law conditions. The purpose of the work is the analysis of constitutional human rights under martial law, the study of the state of ensuring such rights, and the difficulties in implementing some constitutional guarantees. The research methodology consisted of the following groups of research methods: general methods of thinking; general scientific methods; interdisciplinary and special legal methods. In particular, it is worth highlighting: the analysis, abstraction, formalization, dialectical, structural-functional method, systemic, statistical, concrete-sociological, formal-legal, special-legal, and hermeneutic methods. Attention was drawn to peculiarities of the legal regime of martial law; what limitations of constitutional rights are implemented and how such limitations affect society; whether restrictions on constitutional human rights are justified and expedient. Based on the analysis of legislation and scientific works, it was concluded that despite the new legal realities, constitutional human rights are subject to exclusive legal protection, and their protection is a key duty of the state. However, in the conditions of martial law, restrictions on such rights are possible, but such restrictions must be carried out exclusively in the manner and by the means provided for by the current legislation.

The Legal Protection of the Rights of Digitally Vulnerable Groups

The profound advance of digital technology has brought us unprecedented dividends. Nevertheless, numerous individuals have become digitally vulnerable due to obstacles to accessing and using digital information, and the citizens' fundamental rights and the order of social life have suffered significantly because of this substantive inequality. Therefore, this paper aims to promote the legal protection of the rights of digitally disadvantaged groups by establishing the concept of digital human rights, empowering rights, and constructing a three-stage guarantee system from the perspective of emerging rights.

Problematik aspects of protection of constitutional human rights in Ukraine and ways to overcome them

The article reveals the problematic aspects of the state of protection of human and civil rights in Ukraine, as such rights are the basis for the existence of the state as a subject of international law. Today, respect for human and civil rights and freedoms -the main criterion of civilized society, its ability to solve the most complex economic, political and social problems. It is no coincidence that the international community seeks to treat human rights globally, on an equitable and equal basis. This takes into account the national and regional specifics of states, their various historical, cultural and religious features.
 The article aims at a comprehensive solution to the organization of the legal system of human rights protection, which must comply with international and national law. This provides a legal description and identifies elements of a set of guarantees for constitutional protection of rights, taking into account national experience, case law, experience of other states, as well as international standards in the field of human and civil rights, generalization and development of ideas on this issue social space.
 Modern Ukrainian society is going through a stage of deep awareness of human rights and freedoms, which can be seen as the beginning of the spiritual revival of Ukraine. The very ideology of rights is becoming more widely recognized and in demand in state and public life. From the point of view of this ideology, there is a reassessment of views on the Soviet and post-Soviet past and a projection on the near and distant future of Ukraine.
 Implementation in practice of protection and defense of human and civil rights and freedoms is a long and gradual process of transformation of the whole society. However, this process has certain time limits set by the Association Agreement between Ukraine and the European Union. The implementation of this Agreement requires not only appropriate measures to improve the quality of legislation in this area, improve the executive and judiciary, local governments, and increase the activity of citizens in the context of exercising the right to protect their rights and freedoms in all ways not prohibited by law.
 The goal set in the article was achieved by solving the problems of studying the constitutional features of the organization of such protection and its implementation in practice.

THE CONCEPT OF HUMAN RIGHTS IN THE DIGITAL ERA/ CHANGES AND CONSEQUENCES FOR JUDICIAL PRACTICE

The digital age has led to conceptual changes in human rights and their content, understanding, implementation, and protection. Discussions about expanding the range of both addressees and subjects of human rights are a consequence and, at the same time, a breeding ground for change. New challenges for rights related to technological development, the increasing influence of companies and organisations, the growing use of solutions based on artificial intelligence, and the habit of relying on such solutions have led to the need for a substantial revision of such aspects as the content of individual rights and their catalogue, the definition of the fourth generation of rights as bio-information, and the clarification of the concept of digital rights. Digitalisation, which in a broad sense represents the legal, political, economic, cultural, social, and political changes caused by the use of digital tools and technologies, covers the private and public spheres, revives our understanding of and research into human rights in a horizontal dimension, and influences the revision of their anthropological foundations. The general philosophical framework of this research consisted of axiological and hermeneutic approaches, which allowed us to conduct a value analysis of fundamental human rights and changes in their perception, as well as to apply in-depth study and interpretation of legal texts. The study also relied on the comparative law method in terms of comparing legal regulation and law enforcement practice in different legal systems. The method of legal modelling was used to highlight the bio-information generation of human rights as the fourth generation of rights, as well as some scientific predictions in the field of human rights. The article argues that it is necessary to change our approach to human rights in the digital era, to widen the circle of addressees of human rights obligations to include companies and organisations, and to be ready potentially recognise artificial intelligence as a subject in public relations and fundamental rights. The term ‘spectrum of algorithm-based digital technologies’ is proposed, which can more accurately describe those phenomena that are covered by the synonymous terms ‘artificial intelligence’ and ‘algorithm’. The article proposes to consider digital rights in three dimensions, as well as to take into account the subtle structural consequences of changing the concept of human rights in the digital era for judicial practice.

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.

The right to work as a fundamental human right and the relationship between quaranter restrictions and the right to work

The article is devoted to the issue of the fundamental nature of the right to work and its relationship with quarantine restrictions. The relevance of this topic is the need to clarify the fundamental questions of the expediency of restricting the right to work of unvaccinated workers, to answer the question of whether it is appropriate to restrict the fundamental right that ensures human existence.
 It is emphasized that the right to work throughout history has been fundamental to a person, which allows them to exercise other rights. It is indicated the place of the right to work in the concept of human rights. The issue of normative enshrinement of the right to work in the Constitution of Ukraine is raised and it is pointed out that the Constitution of Ukraine does not contain a clear indication that the right to work may be limited.
 The article reveals the content of the right to work in the context of the state's obligations to provide the population with work and guarantee equal opportunities. The state must guarantee everyone real access to work in order to ensure the human right to exist.
 Analyzing the relationship between the right to work and quarantine restrictions, the authors draw attention to the fundamental content of the right to work, as well as established guarantees of equal opportunities for the right to work. In view of this, the purpose of quarantine restrictions and a broad interpretation of the right to work is considered.
 It is concluded that the right to work should not be restricted, and quarantine restrictions are disproportionate to the right to work. Quarantine is temporary, and the state is obliged to ensure that measures related to it do not limit a person's ability to exercise his or her right to work, receive wages or other living resources in the long run. Dismissal can be seen as pressure on workers in order to force them to be vaccinated. It can be seen as discrimination in the workplace, which is unacceptable in the light of previous statements by the state.

Duterte's “War on Drugs” Rhetoric

Duterte's “War on Drugs” Rhetoric

LEGAL PROTECTION OF CONSUMER RIGHTS IN THE CONCEPT OF HUMAN RIGHTS

Economic development includes various interrelated development sectors. One form of this linkage is related to the protection of consumer rights which is closely related to human rights issues. Thus the importance of the issue of legal protection for consumer rights, this research tries to specifically highlight the concept of human rights, where the main focus is on the role of Law No.8 of 1999 in protecting consumer rights as human rights, as well as consumer advocacy efforts. This research is to answer whether consumers really are sufficiently protected by laws based on human rights. This research is legal research normative, namely research on secondary data obtained through library studies. From this research, it is found that consumer protection laws do not appear to provide protection for consumers in general anymore, but actually provide full protection for consumers in various forms of transactions, both transactions in the form of products and transactions in the form of services that can potentially harm the consumer of their rights.

Human Rights and Christian Values in a Digital Society. Selected Issues

The subject of this study is the analysis of the contact between Christian values and human rights or the concept of human rights in the context of the dynamic development of IT technology and the shaping of not only global but digital society. The new organization of society is characterized by a multiplicity of value systems which interpenetrate each other. In the area of Western culture, the human rights system occupies a central place, which has become a kind of new decalogue. The aim of this study is an attempt to define the place of traditional Christian values in a digital society. The research hypothesis was the statement that Christian values are not only timeless, but also universal and perfectly fit into the functioning of the digital society. The study uses the method of legal and dogmatic analysis of legal provisions and judgments as well as the analysis of cases of conflicts between Christian values and human rights. In my conclusions, I state that the confrontation of these two systems of values leads to the need to rebuild the organization of Christians. An ideal model may be the diaspora life of people who not only preach but also practice these values.

LESSON STUDY PENERAPAN MODEL PEMBELAJAJARAN KOOPERATIF PADA MATA PELAJARAN PPKn DI MAN 2 MODEL MATARAM

The purpose of this study was to improve the quality of Civics learning through the implementation of Lesson Study implementation of cooperative learning model in MAN 2 Mataram Model. This study uses a descriptive qualitative approach, because the main concern of this study is to analyze the implementation of Lesson Study. The outputs of this research are scientific articles and PPKn learning tools in the form of lesson plans and learning media. Collecting data in this study using interview, observation, and documentation techniques. Furthermore, the data obtained were analyzed qualitatively with the steps of data reduction, data presentation, and drawing conclusions. The results showed that the Lesson Study of the application of the cooperative learning model in Civics subjects at MAN 2 Mataram Model had been carried out for 3 cycles. Each cycle consists of three activities, namely: (1) planning, (2) implementation, and (3) reflection. In cycle 1, the planning carried out was the reconstruction of the lesson plans for class XI in the first semester, the main material: basic concepts of obligations and human rights by integrating cooperative learning models of a combination of Talking Stick and Snowball Throwing types, as well as developing PowerPoint media. At the time of implementation, the model teacher was the PPKn teacher at the school. Meanwhile, the research team acted as observers. The results of cycle 1 reflections show that there are positive things that must be maintained, among others, PowerPoint media that is attractive and easy to understand and a pleasant classroom atmosphere. However, there are also other things that must be improved, namely the existence of learning activities that are not carried out according to the lesson plan. In class 2, the planning carried out was the reconstruction of the lesson plans for class XI semester I, the main material: the substance of obligations and human rights in Pancasila by applying the Jigsaw type cooperative learning model, as well as the development of PowerPoint media. At the time of implementation, the model teacher was the lead researcher. Meanwhile, members of the research team and PPKn teachers acted as observers. The results of cycle 2 reflection show that the implementation of learning is in accordance with the lesson plan. In class 3, the planning carried out is the reconstruction of the lesson plans for class XI semester I, the main material: Cases of human rights violations in Indonesia by applying a cooperative learning model of a combination of Make Match and Snowball Throwing types, as well as developing PowerPoint, video, and paired cards media. At the implementation stage, the model teacher is the PPKn teacher at the school. Meanwhile, the research team acted as observers. The results of the reflection of cycle 3 show that the implementation of learning is also in accordance with the lesson plan.

E-sports and the application of sports and labor legislation

Objective: The present study aims to describe the similarities between e-Sports and the conventional Sports, in order to emulate the viability of conventional Sports law to regulate the relations formalized with cyber athletes, at least until the emergence of a specific legal regulation on e-Sports. The interaction between Labor Law and those relations will be focused too, in order to confer social rights security, especially constitutional human rights involved on that debate.Methodology: The article is a theoretical approach that seeks to recognize how the dynamics of e-Sports encompass the legal science of Sports Law, based on the deductive method, supported by market analysis, legal research and bibliographic review.Originality/Relevance: Nowadays some discussions suggest a controversy about the e-Sports legal framework at Brazil, especially about the application of the conventional Sports Law and interaction with the Labor Law discipline. This controversy is not justifiable, either because e-Sports constitute a sport in the authentic sense, or because all work relationships in this field are bound to the legal parameters of adjudication of social rights provided for in the Constitution. This constitutional approach is important because the legitimacy of e-Sports initiatives depends on that, putting on the core of the business consider the real legal limits emerging of the State regulations applicably incidents on contracts signed with cyber athletes. In the course of Revolution 4.0, those approximations between conventional ways and electronic ones will be the tonic of the society transition onto technological new way of life. Describing those interactions is essential to provide new ways of State´s legal regulations, attributing liberty on business dynamics and ensuring social rights on the labor relations. The parameters of ethics on business here emerges as exigencies by ESG (Environment, Social and Governance) administration models, which is embraced by relevant theories, as the John Elkington´s one, especially on his concept of triple bottom line.Main results: The activity that has been called e-Sports and its vertiginous growth puts pressure on the legal system to reach appropriateness solutions for the controversies that arises from the relationships between players, clubs, associations and all of stakeholders rounding this innovative market. Immediately, the application of Sports and Labor Law emerges as a palliative solution, but specific new regulations are necessary, in order to provide development ways to the businesses, focusing on liberty for the market dynamics and on security for the social rights.Theoretical/methodological contributions: The article seeks to emulate the attraction of sports and labor legislation for e-Sports regency, guaranteeing legal certainty to the already established relationships, and developing increase ways for business on this market, with citizens social rights preservation, especially constitutional ones.

Концепция прав человека, сформировавшаяся в Германской Демократической Республике

This article describes the concept of human rights that emerged in the German Democratic Republic through the pluralism of the doctrine of East German jurists. Some scholars denied human rights in socialism while others had no consensus regarding the concept. They had different opinions on continuity / discontinuity of bourgeois and socialist human rights. Some scientists believed that these categories did not exist in reality. Others argued that socialist basic human rights were the product of the socialist revolution rather than an improved realization of inherited human rights, which revealed the discontinuity of bourgeois and socialist human rights. East German philosophers also had an idea of the unity of continuity and discontinuity. The principle of the unity of rights and obligations was of paramount importance in the concept of socialist human rights as two sides of the same subject because rights can only be realized when the citizen is entrusted with obligations. Therefore, the ideology of Marxism-Leninism did not prevent the East German researchers from developing different opinions on human rights.

REGULATORY AND LEGAL REGULATION OF RESTRICTIONS ON CONSTITUTIONAL RIGHTS AND FREEDOMS OF HUMAN AND CITIZEN IN THE CONDITIONS OF MARTIAL LAW REGIME IN UKRAINE

The article examines the issues of legal regulation of restrictions on the constitutional rights and freedoms of human and citizen in the conditions of the martial law regime in Ukraine. The provisions of certain normative legal acts adopted in Ukraine during the martial law regime were analyzed. The main purpose of restrictions on the constitutional rights and freedoms of human and citizen is to establish a balance of interests between the individual, society and the state. It is emphasized that human rights may be limited in accordance with the principles of the rule of law, legal certainty and proportionality on legal grounds. In addition, restrictions on human rights must be legitimate, ie there must be a need to “determine the limits of the exercise of subjective rights in the interests of others”. An analysis of certain international acts noted that the possibility of restricting constitutional human rights and freedoms by the state is provided by all international legal acts governing human rights and freedoms, but not every international act specifies the list of grounds for human rights restrictions and what human rights can be limited and to what extent. Particular attention is paid to detailing the decisions of the Constitutional Court of Ukraine on issues related to restrictions on human rights and freedoms. Cases of restriction of certain personal, political and socio-economic rights of a person and a citizen in the conditions of martial law regime in Ukraine are covered. In each case, the restriction of human rights involves reducing the amount of human behavior permitted by law and expanding the powers of public authorities.

Sustainable Development: Enforcement of Environmental Criminal Law Against Illegal Logging Practices in Indonesia

Every person in Indonesia has the right to have a good and healthy environment as a form of human rights; each generation has obligations and responsibilities in preserving the environment to ensure the welfare and quality of life between generations. Sustainable development is an effort to ensure these rights by managing natural resources wisely and rationally and paying attention to economic, social, and environmental aspects at the same time. Nowadays, humans tend to be greedy for current natural resources to get the most significant profit. Illegal Logging is an activity of placing forest resources on a large scale without paying attention to the needs of future generations. The research method used is normative (library study) by emphasizing research sourced from the literature. The results of this study indicate that the efforts made by the government in realizing the concept of sustainable development as is Law Number 32 of 2009 is about Environmental Protection and Management, and Law Number 18 of 2013 is about Prevention and Eradication of Forest Destruction as a form of preventive and repressive efforts to the environment. The environment is related to humans; therefore, all society must be aware of protecting and preserving environmental ecosystems.

Humanitarian Diplomacy as a Tool of International Relations: the Position of the Kazakhstani Foreign Policy Elite and the Experience of Foreign Countries

The article provides an analysis of the development of humanitarian diplomacy in terms of current and new challenges, such as pandemic, armed conflicts. The potential for conflict will always exist in relations between states. The role of diplomacy is to anticipate and resolve problems before they escalate into conflicts. When conflicts are inevitable, diplomats work to resolve differences peacefully to avoid violent clashes. The protection of human rights is a critical area of international conflict resolution, in which diplomats play a key role. Countries with more human rights violations are more prone to fast-spreading and violent conflict. Diplomats work to prevent human rights violations and promote respect for the political, civil, economic and social rights of people in countries around the world. In recent decades, human rights issues, once considered the internal affairs of individual states, have become the subject of humanitarian interventions, often led by the UN and the world’s superpowers. As a result, military intervention can be accompanied by humanitarian intervention, which is sometimes perceived as a violation of the sovereignty of the affected countries. It is in these conflict situations that diplomacy and human rights are directly linked. Humanitarian diplomacy tries to resolve potential problems through negotiations, while at the same time finding ways to help those affected by the crisis. Humanitarian diplomacy emphasizes the importance of stable political relationships to help and support vulnerable people or groups whose rights and interests are threatened and whose voices are silenced in the midst of more serious socio-political conflicts. The concept of human rights is more important now than at any time since the Cold War, as global forces shift and regional divisions flare up in response to the political, economic and social upheaval caused by the COVID-19 pandemic. Consideration of foreign experience in the humanitarian sphere can identify the role of humanitarian diplomacy in the implementation of the country’s foreign policy. The article examines the models of the humanitarian policy of France as the main vector of the foreign policy of the country, Russia and the United States in the context of humanitarian assistance to Syria, which have conflicting interests in relation to the Middle Eastern country. It also examines the experience of Kazakhstan in the field of humanitarian diplomacy, as well as the position of the foreign policy elite and prospects in this area. Key words: Humanitarian diplomacy, pandemic, Kazakhstan, foreign countries, international humanitarian law.

Delineating the Western Orders of Rights and Reason in Post‑Colonial Africa

Adherence to the fundamental tenets of Human Rights and advocacy of Democracy are the two traditionally entwined Western expressions of rights and reason that any state has to comply with to be treated as an egalitarian state. The degree of democratization in any state is to be gauged by its ability to give its citizens a fairly acceptable form of governance and a slew of natural rights and legal safeguards against human rights abuses, from which the idea of justice is to flow. Many of the African and Asian countries, that became sovereign states through the 1980s and 1990s and consequently came to be hailed as formal democracies, in reality, have only had a very perfunctory degree of democratization. In such circumstances, human rights, without the existence of a real democratic structure to uphold and sustain it, does not effectively translate into a charter of rights but would merely be retained as a set of flexible norms. It is in this context that the proposed paper intends to address the impact of globalization of the principles and values associated with the concepts of democracy and human rights in post-colonial African states. It also aspires to inquire into the need for an element of universality in the dialogues on human rights and democratization, so that they do not get reduced to mere synonyms for Westernization. Further, the reality and ambivalence surrounding the consolidation of democratic virtues along with the observance of human rights are best reflected in the exemplification of how the Sub-Saharan African country of Zimbabwe operated its “democracy”; both under its longest-serving President Robert Mugabe and post his unceremonious ouster following the coup d’etat on 14 November 2017. It would be interesting to study the political economy of transition in a country like Zimbabwe that, during and after its leading figure Mugabe, continues to pledge allegiance to a nationalist, post-colonial and populist anomaly of being principally antithetical to imperialism in all its forms while also being an anathema to the precepts of democracy, justice and human rights in practice.