Concept Of Human Rights Research Articles

The article examines the challenges of interpreting the phenomenon of legality within a contemporary school of intellectual thought, as articulated in the works of G. Agamben. Unlike traditional conceptions of law and legality, which focus on the formal operation of legal norms and the role of coercion in the realization of law in public life, poststructuralist philosophical-legal approaches identify and discuss the problem of understanding legality under states of exception or when political power systematically resorts to legal exemptions. The essence of this approach lies in the assertion that in the modern world, the state of exception has become a kind of paradigm, the rule upon which typical practices of governance and the operation of law are founded. The study demonstrates that for poststructuralists, particularly Agamben, a key undertaking is the development of a concept of law not as a coercive regulatory instrument, but as a gesture expressing the normal state of legal communication, as well as of the grey zones of legality where law is operationalized through the introduction of exceptions. The research employs methods of structural and comparative analysis, interpretation of G. Agamben's writings, and provides a critical assessment of his concept of "homo sacer." Based on textual analysis, the origins of his ideas on modern politics and law are identified, along with the explanatory tools used by representatives of poststructuralism to substantiate their legal concept of a-legality. The novelty of the conducted research lies in its comprehensive and critical examination of the content and specifics of G. Agamben's legal and political views. Agamben's legal perspectives have the potential to influence the development of contemporary conceptions of legal understanding and human rights in the context of legal exemptions and states of emergency. The article highlights the specific features of his interpretation of the role and significance of state coercion in law, and the possibility of interpreting law as a phenomenon manifesting in the modern world in complex and borderline situations, particularly those associated with exceptional or emergency conditions. Ultimately, contemporary philosophy of law is enriched by a detailed and critically problematic understanding of certain popular trends in the discussion of the most crucial issues of politics and law, legal order and legality.

The article is devoted to a comprehensive study of the problem of unlawful video surveillance in the workplace as a form of violation of employees’ labor rights and the role of criminal law protection in counteracting such violations. In the context of rapid digitalization of society and the implementation of modern information and communication technologies, the practice of installing video surveillance in workplaces has significantly expanded. Employers justify these measures by the need to ensure employee safety, protect property, monitor the performance of work duties, and increase productivity. At the same time, the use of video surveillance creates serious risks of violating the constitutional right to privacy, the secrecy of personal life, and the processing of personal data. The article analyzes the current legislation of Ukraine, international standards, as well as judicial practice at the national and European levels. Gaps in the legal regulation of video surveillance installation have been identified, particularly with regard to the voluntary consent of employees, the principle of proportionality of interference, and ensuring a proper balance between the interests of the employer and the rights of employees. It is demonstrated that the unlawful use of technical monitoring means may contain elements of criminally punishable acts provided for by the Criminal Code of Ukraine (in particular, Articles 172, 173, 182, 163, 359), and poses a high level of social danger as it infringes upon constitutional human rights. The author concludes that the criminal law protection of labor rights serves not only as a means of punishment for violations but also as an effective preventive mechanism that encourages employers to comply with legal norms, shapes legal culture, and ensures social security. The article substantiates the necessity of improving legislation on workplace video surveillance regulation, enhancing transparency of procedures, and introducing clear criteria for proportionality of interference in employees’ private life. In addition, emphasis is placed on the importance of education and raising employees’ legal awareness regarding their rights in the field of digital monitoring. The implementation of such measures will contribute to the creation of a more balanced and lawful working environment that meets modern standards of personal data protection.

Introduction. In the modern world, human rights are one of the core values. And the issues of their protection are becoming more and more important in the context of globalization, development of information technologies and increasing influence of civil society. At the same time, the concept of “human rights activity” remains insufficiently studied, especially in the context of its historical formation and difference from other forms of legal activity. Purpose. The purpose of the work is to study the history of the formation of the concept of “human rights activity”, to analyse the main stages of its development, to identify the distinctive features of this type of activity from other forms of civic activity, as well as to consider the current challenges and prospects for further development of the human rights movement. Methods. During the research the following methods were used: comparative-legal, formal-logical, historical methods and method of legal hermeneutics, analysis and synthesis. Results. The main stages of development of the concept of human rights and human rights activities are outlined and analysed. The concept of “human rights activity” and its components are examined, and related phenomena and concepts (law enforcement, charity, etc.) are analysed. Conclusions. The study has shown that “human rights activity” has undergone a long way of formation, starting from ancient times and ending with modern international initiatives. The main stages of this path include the formation of the concept of human rights, the formation of the very concept of “human rights protection”, the creation of international and national human rights organisations, as well as adaptation to new challenges of modernity. Further research on the topic could include in-depth analyses of current trends in the development of human rights activities, especially in the context of digital technologies and ecology. It is also of interest to study the influence of cultural and religious factors on the perception of human rights in different regions of the world.

Abstract How do courts function in an environment of political polarization? This Article aims to gain insight into this question through a comparative case study of three countries—India, Brazil, and Israel—examining the challenges that political polarization posed to their supreme courts and the way each of them chose to respond to them. Among the findings of the comparative study are striking similarities in the trajectories of political polarization, and of court reactions, in the three countries. One important difference, however, comes out of the analysis—the difference between a judicial path of wide versus narrow support. India’s Supreme Court chose to retain its popularity during polarization relying on what I call “wide public support.” It did so by being careful not to vex the Bharatiya Janata Party (BJP, India People’s Party) government on the most sensitive issue for its voters—its campaigns against Muslims and Muslims’ rights. The Israeli Supreme Court, on the other hand, chose a path that I call “narrow public support” by promoting a liberal conception of human rights across the board, including in hot button issues, such as security, Arab and Palestinian rights, law and religion, and immigration policy. It has thus lost the support of the right-wing, conservative, and religious parts of the population while solidifying the support of its liberal base. Brazil’s Supreme Court had also lost support among hardline right-wing Bolsonaro supporters and became a major point of contention in the fight between Left and Right, but this is a relatively recent development, and it remains to be seen whether the Court would be able to regain general support after the age of Bolsonaro.

Human rights justice in higher education is not merely a formal fulfillment, but a moral and constitutional demand in a democratic country. The Higher Education Service Institution (LLDIKTI) plays a strategic role in ensuring that the entire higher education process runs within a framework of justice, equality, and protection of the rights of both students and lecturers. This study aims to analyze the role of the Higher Education Service Institution (LLDIKTI) in realizing human rights justice in the higher education environment, particularly in protecting the rights of students and lecturers. Using a normative juridical research method with a descriptive approach, this study examines regulations, the concept of human rights justice in higher education, and relevant legal theories, as well as the important role of LLDIKTI in creating a just and inclusive academic climate. By referring to laws and best practices, this study highlights the importance of synergy among LLDIKTI, higher education institutions, and other stakeholders in achieving human rights justice in practice. This study underscores the significance of LLDIKTI's role as a facilitator and supervisor in upholding human rights principles in higher education, ensuring that every individual within the higher education ecosystem receives equal and fair treatment.

ABSTRACT: The article explores the doctrinal potential of anthropocentric human rights law to support nature protection, proposing a conception of human rights that is aligned with ecological well-being. Using the case law of the ECtHR as an example, it argues that the full potential of this framework has yet to be realized. The article further explores how the ECtHR's evolving stance on victim status and remedies, coupled with its approach to the standing of associations in climate change cases, could open new avenues for addressing nature protection. While recognizing the symbolic power of Rights of Nature, it concludes that, in light of the ecological shift in human rights law, the practical basis for adopting Rights of Nature remains limited.

ABSTRACT Content moderation by social media platforms, once hailed as the holy grail for stamping out illegal content such as hate speech and disinformation, is failing in the Global South. Global conversations on content moderation and governance have primarily centred around an individualistic conception of human rights, largely dominated by responses grounded on international human rights law (IHRL). While IHRL is a dominant normative framework on content moderation, it often invisiblises (and ignores) the concerns of users in the Global South, mainly in Africa. By analysing insights from Africa and incorporating Third World Approaches to International Law (TWAIL), this Article explores the limitations of IHRL as a governing framework for content in Africa, which stem from its Eurocentric legal foundations, epistemic and linguistic blind spots. The Article ultimately advocates for an African approach to content moderation, anchored in a communal conception of human rights as articulated in African human rights law.

There is an ever-increasing collision between two global processes that determine the way the modern world is, namely globalization and the «rebellion of exceptions», i.e., greater emphasis on particular features of people’s communities of various types, levels and scales, from small territorial associations to civilizations). Therefore, it is of paramount importance that we reconsider certain phenomena, which are vital both for the further development of people’s ideas about themselves and the world around them, and for determining the main directions of further activity of homo sapiens: globalization, human rights, and the manifestation of rationality in different civilizations. The article by M. Fernández Calzada is one of those very rare works that meet this demand. The author updates the legacy of F. de Vitoria and the Salamanca School, which is essential for providing a new outlook on the universal dimension of human history. That outlook is very different from the type of universalism whose content is determined by the formal rationality of Western origin and character, which embodied the «spirit of capitalism» (M. Weber). It is important to stress that the worldview of F. de Vitoria and his associates is «human-centric», yet at the same time, these Catholic thinkers completely rejected ultra-individualism based on the aforementioned type of ratio, which allows for direct parallels with the personalistic tradition of Russian philosophy. M. Fernández Calzada’s analysis of F. de Vitoria’s approach towards human rights helps to reconsider the issue, as we face the task of universalizing the concept of human rights and overcoming the tendency, which is still dominant in the global information space, towards limiting the interpretation of anthropological problems to the framework of the Western political and legal tradition. M. Fernández Calzada’s article points out that the Salamanca School and above all the works of F. de Vitoria represent a qualitatively different type of human rationality as compared to formal rationality. It is a rationality of values, which overcame the antagonism of faith and rationality and achieved their synergy. Finally, the «anthropological optimism» identified by the researcher as one of the defining qualities of the current she is studying, evokes direct associations with the «anthropological maximalism» of Eastern Orthodox Christianity, which allows us to conclude that certain currents in the Ibero-Catholic and Eastern Christian traditions are essentially close.

With the founding of the United Nations (UN) in 1945 and the adoption of the Universal Declaration on Human Rights (UDHR) by the UN in 1948, it appeared that liberal conceptions of human rights were fundamentally embedded in mainstream politics at a global level. This of course had come on the heels of the devastation of two World Wars that had torn to shreds any notion of civilisational superiority of the West. At the same time, decolonization movements across Africa and Asia were challenging Eurocentric notions of ‘the human’ and ‘rights’, and fought for and won a more universal concept of human rights (Sahgal, 2012; also see Sahgal in this issue). Today, however, the consensus has frayed.

The social work profession strongly aligns with the concept of human rights being inherent, for all people. This article considers hostile attitudes towards women (misogyny) alongside the function of empathy. When misogyny is normalised in societies, women are more frequently, more severely dehumanised. I argue that the curtailed development of empathy, contributes towards the perception of women as less human, rather than women as inherently holding rights. This is particularly relevant to the social work profession as whilst all women are affected by misogyny, those already in the margins, are most at risk of being treated as sub-human.

The present study analyzes the conception and codification of human rights, the existence of global and regional protection systems, with a focus on the Inter-American system and its functioning bodies. It addresses the connection between human rights and the environment and examines interpretations by the Inter-American Court of Human Rights concerning the safeguarding of the environment, indigenous peoples, and the lives of present and future generations. It highlights the need to apply the theory of sources for the harmonious application of environmental and human rights protection norms, as well as the necessity of ensuring the effectiveness of the Escazú Agreement (Costa Rica/2018) to protect environmental defenders and vulnerable groups. For this purpose, exploratory, descriptive, bibliographic, and documentary research was conducted. The deductive method was employed, starting from universal concepts to achieve their particularization.

Abstracts into the fabric of our humanity. Human rights are a divine gift that enable every individual to fulfill their role as stewards of the Earth (khalifatullah), without any form of discrimination. Despite this, some groups argue that Islamic law does not embrace Western conceptions of human rights, instead seeing it as a framework that focuses primarily on obligations and obedience to divine commands. The method used by researchers aims to describe, understand and explain the object under study based on data obtained through literature data regarding discussions that focus on Human Rights in an Islamic Perspective so that answers can be obtained which can ultimately be explained in detail. Research conducted by this author reveals that the Islamic approach to human rights embodies universal and timeless principles that resonate across cultures. Rather than offering apologies, it is important to acknowledge that Islam has been a pioneer in articulating the concepts of equality, universality, and democracy. As a comprehensive religion, Islam encompasses all dimensions of human existence, guiding individuals towards a holistic understanding of rights and responsibilities.

In 2011, Mexico implemented landmark reforms aimed at recognizing, protecting, and promoting human rights under both conventional (international) and constitutional frameworks. This established the "Constitutional Regularity Parameter," a legal doctrine requiring the harmonization of international human rights standards with domestic law and mandating state compliance, however, the 2024 constitutional reforms—dubbed "Plan C"—purportedly designed to make institutions "more accessible to the people" and "strengthen democracy," have raised serious concerns. This research paper analyzes the scope and impact of Plan C on both conventional and constitutional human rights, arguing that it violates core principles such as progressivity—a cornerstone of international human rights law, through a documentary analysis of legal texts (international treaties, conventions), academic literature, and journalistic sources, this work demonstrates that Plan C creates significant legal uncertainties in human rights protection. Far from advancing rights, the reforms signal a clear regression, excluding critical legal safeguards and leaving systemic gaps in Mexico's obligations under international law.

Effects of psychological torture and cybertorture with emerging digital technologies under anti-torture legal obligations in China: A mixed methods research in risks and remedies.

The 21st century draws attention as the history of rapid social changes as well as technology. The phenomenon of westernisation as an important expression of development and modernisation in the historical process is accepted as an important scope of human rights and freedom of expression. The fact that the newspaper, as the first mass media, began to reach people in the 17th century brought the expanding effect of freedom of expression on the masses to the agenda. During the following 300 years, the means of reaching the masses have continuously developed and diversified. Although the limits of freedoms vary from society to society, the gains have been recognised as a universal necessity with the concepts of human rights, the right to information and freedom of expression. The important breaking point is the unprecedented power and function of the Internet, which is characterised as the 5th power, in reaching the masses. With people becoming producers in a medium for the first time, a media medium has faced new problems brought about by ‘limitlessness’; the internet has not been able to guarantee the maintenance of a democratic environment. In this study, it is examined how westernisation, which means reaching the level of development of western countries worldwide, has revealed experiences with enriched media and how it has become a danger area by turning into a wild west environment. While offering important perspectives on social media, the study aims to bring to the fore that the sanctity of human life is as important as the unlimited freedom of these platforms. This study invites readers to a discussion on social media.

The article is devoted to the protection of constitutional human rights in the context of European integration and social transformations in Ukraine. The concept of the protection of constitutional rights. The European Convention on Human Rights (ECHR), the European Court of Human Rights and the main projects of the Council of Europe are considered. The European experience of constitutional and legal protection of human rights and freedoms is multifaceted and is based on the long-term development of the system of international legal standards. The European Convention on Human Rights occupies a central place in this experience, which has created a unique system of protection of rights at the supranational level, providing individuals with the opportunity to apply to the European Court of Human Rights in case of violation of their rights. This judicial body not only administers justice, but also forms standards that affect the national legal system of each participating state. An important element is also the practice of implementing decisions. International legal acts, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the European Convention on Human Rights, are also an important element of the system of sources of constitutional and legal regulation and have priority over national legislation in case of conflicts. Laws adopted on the basis of constitutional norms detail and specify the mechanisms for the implementation of human rights and freedoms. In addition, decisions of the Constitutional Court of Ukraine and other judicial bodies form precedents that are of great importance in the practice of protecting rights and freedoms. This system of sources provides a comprehensive approach to the regulation of constitutional and legal relations in the field of protecting human rights and freedoms, forming an effective mechanism for their implementation and protection at all levels of the legal system. The purpose of the article is to analyze the current state of development of the protection of constitutional human rights in the context of European integration and social transformations in Ukraine.

This study aims to improve students' learning outcomes in the subject of Civic Education (PKn), particularly on the topic of Human Rights (HAM), which has often posed challenges at the elementary school level due to students’ low comprehension. The Contextual Teaching and Learning (CTL) model was implemented to connect learning materials with students’ real-life experiences. This research employed a Classroom Action Research (CAR) method using the Kemmis and McTaggart model, which includes four stages: planning, action, observation, and reflection, conducted over two cycles. Data were collected through observation, learning outcome tests, and documentation. The data were analyzed using descriptive quantitative analysis to evaluate the improvement in learning outcomes based on the number of students meeting the Minimum Mastery Criteria (KKM). The results showed a significant increase, with 12 out of 17 students (70.59%) achieving the KKM in the first cycle, and 16 students (94.12%) in the second cycle. These findings indicate that the CTL model effectively enhances students’ learning outcomes by helping them relate the concept of human rights to their daily lives. CTL can serve as an innovative alternative teaching strategy for Civic Education at the elementary level. The researcher recommends the continuous application of the CTL model and further development of varied contextual learning materials to achieve more optimal outcomes.

Abstract This paper explores and develops the concept of constituent human rights. The paper asks what a constituent element within human rights would look like and how such rights could exist on their own outside of the constituted juridico-political sphere or the human rights regime. To understand this, the paper draws on Antonio Negri’s concept of constituent power in order to draw out its implications for a politics of constituent rights. It furthermore places constituent human rights within the tradition of critical theory and radical politics of human rights. On the one hand, it contrasts constituent human rights with the theories of Jacques Rancière and Judith Butler. On the other hand, it develops the constituent element further in dialogue with the radical human rights tradition. In this way, the paper shows that constituent human rights are the rights brought into being by social movements themselves and that a dynamic and critical approach to rights should acknowledge the way movements produce, generate, and create rights.

The article defines the content of human information freedom as a complex and synthetic category in the concept of human information rights which adequately reflects the anthroposocial purpose of this freedom. Based on the analysis of the latest Ukrainian general theoretical studies, the author examines the peculiarities of establishing systemic links between the general theory of human rights and theories of information law and information relations as a philosophical and ideological problem. It is noted that the key to determining certain capabilities as ‘natural’ may be considered not so much their divine nature as the necessary connection between them and the preservation and development of man and society under certain historical conditions. Given that both morality (‘natural law’) and legal law (positive law) are aimed at protecting freedom of expression, despite their nature and despite a person's belief in the reliability of the facts reported. It is proved that it is not justified to narrow the essence of the concept of ‘views’ by assumptions alone. The author emphasises the importance of distinguishing between information as factual statements, on the one hand, and views and beliefs as special information, on the other. The author formulates a definition of the concept of ‘information freedom’, the content of which is the inherent existential opportunities to freely collect, store, use, transmit, disseminate information, and freely express one's perception and understanding of facts and attitude towards them. The author presents the positions of the Constitutional Court of Ukraine and leading national scholars, and highlights the provisions of the UN General Assembly resolutions and UNESCO acts. On their basis, it is concluded that in defining the concept of ‘freedom of expression’, one should take into account the factual and axiological components of information. It is emphasised that in the information discourse, such freedom contains a component of information freedom, and its essence is now accurately covered in international documents and national legislation. In particular, the Constitution of Ukraine provides for the right to freely collect, store, use and disseminate information. Keywords: information, information society, information rights, information freedom, facts, opinions, freedom of expression.

The article is dedicated to a comprehensive analysis of the legal nature of the human right to a fair trial, the study of mechanisms for its normative and legal enforcement, and the effectiveness of its implementation through the lens of the case law of the European Court of Human Rights. Particular attention is paid to the systematic interpretation of this right in the context of international human rights standards and its correlation with the national legal systems of the states – parties to the European Convention on Human Rights and Fundamental Freedoms. The article conducts a doctrinal study of the right to a fair trial, defines its place in the hierarchy of fundamental human rights, and substantiates its absolute nature in the context of the modern concept of human rights. This right is one of the key elements of the rule of law, guaranteeing access to effective judicial protection and ensuring a balance between public and private interests in a legal state. Significant attention is given to analyzing the role of the judiciary as the primary guarantor of the realization of this right, while judicial protection is considered not only as an instrument for restoring violated rights but also as a structural element of the justice mechanism, which determines the democratic principles of the functioning of the state apparatus. The judicial system is obliged to ensure compliance with a set of procedural guarantees that prevent arbitrary restrictions on a person’s rights to access justice and to have their case reviewed objectively. The study identifies the main structural components of the right to a fair trial, including:the right to have a case heard by an independent, impartial, and competent court; the right to equality of arms and adversarial proceedings; the right to legal certainty in judicial decision-making; the right to the openness and publicity of the judicial process; the right to have a case considered within a reasonable time, as an essential element of effective justice. It is noted that access to justice is a prerequisite for the realization of the right to a fair trial. Access to justice is proposed to be understood as a real opportunity, guaranteed by the state and ensured by effective legal mechanisms, for a person to appeal to the court to protect their rights, freedoms, or legitimate interests. It is argued that the primary task of the European Court of Human Rights in every case is to assess the overall fairness of the proceedings. Compliance with the requirements of a fair trial should be considered in each case, taking into account the development of the entire proceedings, rather than based on the isolated examination of one specific aspect or a particular instance. The article also examines the issue of contradictions between national judicial systems and the standards of the European Court of Human Rights, which sometimes necessitate the revision of legal norms at the level of domestic legislation. The case law of the European Court of Human Rights demonstrates that a number of states face difficulties in implementing the Court’s decisions, which negatively affects public trust in the judiciary. It is important to emphasize that the institutional capacity of national judicial systems must correspond to European standards of justice, ensuring that citizens have a real opportunity for effective protection of their rights. Failure to meet such standards can lead to systemic problems in the field of justice and an increased number of appeals to the European Court of Human Rights. In the context of international law, the need for harmonization of national legislation with the requirements of the Convention is emphasized, which would contribute to increasing the effectiveness of the realization of the right to a fair trial. This issue is particularly relevant for countries undergoing judicial system reforms and striving to strengthen its independence. The conclusions of the article emphasize that the human rights protection role of the European Court of Human Rights is a key factor in ensuring legal certainty in judicial practice. The enforcement of its decisions is mandatory for the member states of the Convention, and their disregard may have negative consequences for a country’s international legal reputation. Keywords: effectiveness, legal mechanisms, European court of human rights, fair trial, justice, judicial practice, convention, human rights, access to justice, judiciary, judicial independence, impartiality, equality of arms, adversarial proceedings, legal certainty.