Concept Of Human Rights Research Articles

Framing the normative role of the right to a healthy environment: thinking with internormativity, embodiment and emergence

This article critically examines the modalities through which the right to a healthy environment shapes environmental law and the environmental law-making function of the State. I argue that construing the right to a healthy environment through the prism of internormativity, embodiment and emergence can facilitate a conceptual leap that allows the right to be more attentive to people’s lived experiences of environmental injustice and harm. The conceptual leap I advocate for is in response to the fact that a constitutionalized right to a healthy environment potentially reproduces specific normative, ontological and discursive closures that have typically been associated with the prevailing positivistic view of the law. These closures work to disengage the right from the physical and factual dimensions of people’s experience of environmental injustices and harm. The main normative closures manifest as liberal positive law’s exclusion and devaluation of the normative potential of ordinary formal law and of productive forms of knowledge drawn from diverse philosophical-cultural traditions. Institutionalized human rights propagate liberal law’s erasure of embodiment, justifying the attendant piecemeal attention given to the full scope of human suffering. The treatment of constitutional human rights as an ultimate, stable framework for validating and legitimizing ordinary law forecloses the discursive practices that give meaning to human rights law beyond formal law-making processes and institutions. In light of these closures, construing the right through the three-pronged conceptual lens suggested here could, I contend, help focalize actual human experiences of environmental injustices and harm by harnessing the normative potential of formal and informal sources of values and norms, by centralizing embodiment as the actual ontological circumstance of the human beneficiary of the right and by giving voice to discursive strategies that imbue meaning to the right to a healthy environment beyond its formal rendition.

К ВОПРОСУ ОБ УСТРАНЕНИИ ПРОБЕЛОВ В ЗАКОНОДАТЕЛЬСТВЕ, СВЯЗАННЫХ С ДОПУСКОМ ЛИЦ К ГОСУДАРСТВЕННОЙ ТАЙНЕ В СУДЕБНОМ ПРОЦЕССЕ

Current legislation in the field of admission of litigation participants to state secret is discussed in the article. The legal positions of the Constitutional Court of the Russian Federation related to the interpretation of the Law of the Russian Federation «On State Secret», as well as the observance of the right of persons participating in the case to qualified legal assistance in court proceedings are also analyzed. The gaps in the legislation that lead to the emergence of administrative barriers that prevent the persons participating in the case from getting acquainted with materials containing state secrets are identified in the article. Specific recommendations for amending the current legislation in the field of protecting state secret in order to fulfill constitutional human rights as to qualified legal assistance and a fair trial are proposed by the authors.

The human rights conception of Andrei Sakharov: between faith in progress and commitment to humanity

The human rights conception of Andrei Sakharov: between faith in progress and commitment to humanity

The concept of natural human rights in the context of natural law in national scientific thought

The concept of natural human rights in the context of natural law in national scientific thought

The essence and concept of human and citizen rights and freedoms

The essence and concept of human and citizen rights and freedoms

К ВОПРОСУ О СИСТЕМЕ МЕР ПРЕСЕЧЕНИЯ В РОССИЙСКОМ УГОЛОВНОМ ПРОЦЕССЕ

Preventive measures in the criminal procedure are the most stringent enforcement actions aimed at limiting constitutional human and civil rights and liberties, which causes greater attention to the issues of their legal regulation and application feasibility. The authors consider the concept and purposes of the preventive measures in the criminal procedure, analyze the preventive measures system, identify the tendencies to its amendment, and conclude on the necessity to reform the system of preventive measures in the criminal procedure. During the study, the authors analyzed the statements of Chapter 13 of the RF Criminal Procedure Code, as well as the contemporary scientific approaches to the understanding of the system and purposes of preventive measures in the criminal procedure. Following the results of the research and taking into account the study of law enforcement practice, the authors concluded that the preventive measures system is insufficient, which is expressed in the actual application of two measures of restraint only: a recognizance not to leave and detention, and in refusal to apply other restrictive measures due to their ineffectiveness or lack of technical feasibility for their application. The analysis of legislation in terms of regulating the procedure for the application of the preventive measures allowed formulating several proposals for improving the norms of the criminal procedure legislation of the Russian Federation aimed at increasing the efficiency of their application: to enshrine the definition of preventive measures in the RF Criminal Procedure Code; to expand the list of restrictions when applying preventive measures not related to the limitation of the freedom; to exclude personal surety, supervision of an accused minor, observation of the military unit command, and the restraining order from the list of preventive measures.

Specific features of the right to associate in trade unions in the republic of Azerbaijan: theoretical and practical analysis

The presented scientific article examines the features of the right to associate in trade unions in the Republic of Azerbaijan. The importance of the creation and activity of trade unions in the development of civil society is substantiated. It is noted, that on the basis of the right to association, various public organizations are being created in society. Within the framework of these organizations, members of the community ensure or defend their common interests. In order to determine the place of the right to associate in trade unions, it is important to analyze the level of its compatibility with other human rights and freedoms. As you know, the right to association is closely related to such social rights as the right to work and rest. Therefore, it was advisable to first determine the relationship of the right of association with these rights. The main goal of the modern state is to ensure the well-being and free development of the individual. Therefore, we can say that in the constitutions of such states, the right to work is separately enshrined. It is important to define the relationship of the right to association with other human rights. This will form a broader understanding of the nature of the right of association. Within the framework of this scientific article, the significant place of the right to association in trade unions is determined among constitutional human rights in the Republic of Azerbaijan. The right to association creates a real opportunity for the realization of other important social and political rights. It is also noted, that the issue of the activity of trade unions is in the center of attention of researchers in many countries. Analyzing the characteristics of trade unions, it is noted, that they are important aspects of civil society. The article also examines the highlights of civil society. It is noted, that civil society consists mainly of public organizations. The level of development of civil society depends on the level of effective activity of public organizations. In this regard, trade unions occupy a special place. These and other issues are comprehensively considered in the presented scientific article.

Culture, Law and War: On the Feasibility of the Project of «Eternal Peace», or on Some Methodological Issues of the Philosophy of Law

The aim of the article is to continue the study of law as a cultural phenomenon, in this case as an introduction to the problems of the XXVIII World Congress on the Philosophy of Law and Social Philosophy “Peace Based on Human Rights”. It is offered as an opportunity for additional substantiation of the idea of eternal peace (I. Kant) from the position of a culturological approach as one of the methodological tools of the philosophy of law. The concept developed by the author makes it possible to appeal to the ideal structures of consciousness not only in a purely epistemological aspect and phenomenological context, but also based on the ontological foundations of moral and legal culture. Thus, it becomes obvious and necessary to distinguish between anthropological and culturological approaches to substantiate the removal of the very concept of war beyond the boundaries of culture into the sphere of the unacceptable, what qualifies as a crime. Such a process of human development as a cultural development is natural in the sense of acquiring proper human qualities – it is overcoming the animal component of man (Aristotle and others). The philosophical and ideological foundations of this direction of development are the concepts that have received legal formalization primarily in the concept of human rights. The cultural form of overcoming the animal (in the cultural sense – criminal) principle in a person is play, which has found embodiment in various forms of agonal interaction, primarily in sports, as well as in art. Law as a formulation of the rules of cultural interaction becomes a necessary condition for survival, and the extension of this (culturological) principle to humanity (as a common destiny) makes the anthropological approach, in the form in which it is interpreted in modern (domestic) jurisprudence, limited and partial not only in a logical, but also in a humanitarian sense. The necessity of understanding the logical correlation of the concepts of “privilege” and “social parasitism” with the concept of “war” is shown. The transfer of “war” (regardless of interpretations and definitions) beyond the boundaries of culture (or truly human relationships) becomes necessary, as well as understanding the role of law in ensuring such a state of humanity.

The Concept of Business and Human Rights in the Context of Current Global Trends

The article is devoted to the concepts of business and human rights in metamodernism era (postpostmodern), when the contradictory processes of globalization and glocalization of economical and legal relations simultaneously create new opportunities and challenge the actuality and effectiveness of legal mechanisms of promotion of human rights in business field.It is emphasized that despite some progress in promoting the concept of business and human rights,the question whether international and national law is able to oblige businesses to sustain humanrights remains relevant. It is determined that the concept of business and human rights is based onthe categories of public interest, which is realized and taken into account by voluntary commitmentand implementation of relevant obligations of business entities and positive obligations of the statein the field of human rights. The article analyzes political and economic global trends and challenges which influence theconcept of business and human rights. Increasing asymmetry and inequality, changes in the systemof international economic institutions, especially financial, development of digital technologies,contradictory processes of integration and disintegration, expansion of illegal business and migration,the phenomenon of “Black Swans,” global economic crises and the covid -19 pandemic areprompting the necessity to provide sustainable development and social responsibility to business.Emphasis is placed on raising the level of awareness of business about the necessity and expediencyof observing human rights standards not only for ethical reasons, but also as a means of improvingtheir own success and competitiveness.The article also examines the main trends in the development of law which occur under the influenceof globalization and the demand for a new social contract, such as socialization, anthropologizationand ecologization of law, increasing the impact of crises, conflicts, pandemics on the content of law,expanding the scope and range of legal issues. changing the ratio of international and national legalregulation, changes in the subject area, raising the topics of non-state and global law, convergenceof public and private, changes in the system of sources of international law, blending of legal andnon-legal forms of regulation.It is emphasized that one of the trends in the development of international regulation of businessresponsibility in the field of human rights is the demand for more “strict” legal regulation, but thequestion is the realism and effectiveness of “strengthening” the legal force of international acts aboutbusiness responsibility in the field of human rights.The opinion on its own regulatory value of norms of soft law in the given sphere is expressed.

Business and Human Rights: Key Issues for Legal Theory

Just like the fight against discrimination or other injustice in its time, the sphere ofbusiness and human rights goes through the same stages: the experience of injustice is accumulated –a demand for release from the problem is formed, a demand for a more perfect reality – a requestfor new regulation arises.The article discusses the key issues for the theory of law, conditioned by the formation of thisnew reality. The starting point for consideration is the question of business as a direct addressee ofhuman rights requirements, that is, the operation of human rights without mediation by the state,since one of the defining reasons for the emergence of public expectations, embodied in the conceptof business and human rights, was the inability or in some cases of deliberate unwillingness of thestate to ensure corporate respect for human rights. This, in turn, raises the question of the powerinfluence of business on human rights and the need to revise the concept according to which privateactors in their relations are equal. The imperious nature of the influence of business also means thatthere is a revision of the social contract, the parties to which were previously considered society andthe state, and therefore the need to legitimize such power of business, substantive and procedural. Even in a situation where the state exercises effective control over the business operations, therequirement of legitimation is relevant, since there is a space free from state legal regulation. Objectively,the state cannot (and should not) regulate all aspects of the functioning of economic entities; thespace for self-regulation always remains. Business, by understanding its internal processes, is betterable to identify risks to human rights and minimize them. The state can only react to the violationof human rights that has occurred.The demand for business to fulfill its human rights obligations is particularly heightened ina situation where government control over its activities is absent or ineffective. Such situations arepossible in the case of a weak nature of state power or its inconsistent policy in the field of humanrights (in particular, investment projects may not be assessed by the state in terms of their impacton human rights) or in a situation of an undemocratic political regime, when the state itself violateshuman rights. and business is directly or indirectly involved in such violations. It is also possible thatthe state does not have sufficient leverage over business. Transnational corporations are a classicexample of this situation. The lack of effective state control can also be explained by the oligarchicstructure of the economy.Accordingly, the concept of business and human rights, being a response to modern challenges of“unfair social experience”, forces us to reconsider the classical views on the addressees of human rightsdemands, the mechanism of operation of the rule of law, the requirements of which should applyto private actors and, in general, to reconsider the social contract taking into account the significantimpact that business has on the organization of life in modern society.

Конституционно-правовые модели противодействия терроризму

Introduction. Terrorism as a socio-political phenomenon that violates the security, rights and interests of the individual, society and the state, puts forward new tasks for constitutional construction in a globalizing world. That is why the article examines the current constitutional and legal models of countering terrorism. The author analyzes various points of view of scientists and politicians on the relationship of human rights, as well as other constitutional values with measures of response to an emergency. Theoretical analysis. The study of the constitutional and legal models of countering terrorism is important not only from a theoretical, but also from a practical point of view, since the most serious and systematic abuse of exclusive powers and violations of human rights occur during countering threats to public order and national security. Empirical analysis. Considering the models for the application of exceptional measures in emergency situations, we draw attention to the following important factors within the framework in which they are implemented: whether the exceptional anti-terrorist measures are aimed at protecting the constitutional order, human rights and freedoms or when they are introduced, other goal-setting is possible; whether the state considers anti-terrorist measures to be extraordinary or proceeds from the assumption that their use is possible in the normal course of the exercise of state power; whether the transition of the state from emergency measures to the usual regime of exercising state power has been ensured in a normative way. Results. Systematizing the views of scientists on the problem of state countering terrorism, we have identified the following basic constitutional and legal models: the absolutization of human rights, non-constitutional and based on achieving a balance of public and private interests.

Dualism of Positive Law and Islamic Law in Indonesia: Law Enforcement for Lesbian, Gay, Bisexual and Transgender Communities

Human rights must be implemented by the rules of community life, where each community group has its view and application of the freedom of human rights. The enforcement of human rights for LGBT people with Islamic law in Aceh is opposed by the international community because it is considered a violation of human rights. So the urgency of this research is to find out how far a person's understanding of human rights freedom is and what is the foundation on which they base human rights to exercise. After that, it will be concluded whether religious values continue to dominate society in acting. This study uses a descriptive-analytical method with a normative juridical approach, where the data and information to be collected both in terms of assessment and in terms of management is carried out interdisciplinary and multidisciplinary as well as cross-sectoral. The data and information are then analyzed in-depth normative juridical so that an overview of human rights in Indonesia is obtained. The results show that the concept of human rights applied in Indonesia uses the concept of cultural relativity and will not be relevant if it uses the concept of human rights in western countries which emphasize individual freedom.

One Boat, Two Captains: Implications of the 2020 Samoan Land and Titles Court Reforms for Customary Law and Human Rights

Samoa's 2020 Land and Titles Court reforms, which contributed to the Human Rights Protection Party losing support at the April 2021 elections after almost 40 years of government, have recentred attention on the tensions of legal pluralism in the South Pacific. Although Samoa maintains a system of English common law, 81 per cent of Samoan land falls under the traditional matai titles system, giving a central role to the customary Land and Titles Court (LTC). In December 2020, the Samoan parliament passed three Acts – the Constitution Amendment Act 2020, the Land and Titles Act 2020 and the Judicature Act 2020 – establishing the LTC in a parallel court hierarchy with equivalent status to the Samoan Supreme Court and Court of Appeal. This proposal has prompted debate between those favouring incorporation and promotion of Samoan custom over Western legal norms, and others who argue the amendments undermine human rights protections and the rule of law. This article evaluates the effects of these changes on the role and administration of custom in Samoa, contextualising them within broader socio-legal debates around customary legal systems. It first analyses the effect of the three Acts with regard to the bifurcation of the court system, procedural reforms in the LTC hierarchy and the introduction of a judicial guidance clause. This leads into a critical evaluation of these changes, highlighting impacts upon judicial coherence; constitutional human rights; consistency between customary and common law procedures; and resourcing constraints. The article concludes by providing broad options for future reform. It does not focus on issues which have received attention elsewhere, such as the amendments' potential impacts on judicial independence.

Procesos de inclusión educativa y actividad física en personas con discapacidad

This theoretical essay focuses on a critical discussion of traditional and current theories on the field of educational inclusion as a key aspect to understand diversity. Nowadays, the inclusion is opposed to the social exclusion phenomena, through guidelines related to social justice and education, pro-posing more egalitarian and fair educational institutions, promoting the accessibility and participa-tion of people in vulnerability situations, such as the disability condition. At the same time, this work presents some reflections on challenges and strengths associated to the scope, understanding and conceptualization of human rights, depending on the place that each person has in the community, nature and the State; the physical activity as a tool to promote equality, taking into account the diversity, coexistence and identity of the person.

The Idea of Human Rights: From the Ancient World to the Digital Age

The purpose of the article is to identify the features of the development of the idea of human rights, starting from the Ancient World, and on this basis to show its significance in the digital age. To achieve this goal, the conceptual foundations of the idea of human rights and their reflection in political and legal thought at different stages of the evolution of society and science are analysed. The subject of the study was the concept of human rights. The study was conducted on the basis of post-non-classical scientific methodology, including constructivism. The formal-legal and comparative-historical methods are also used. According to the results of the study, it is concluded that in the conditions of modern technological development, digitalisation is becoming a challenge to the idea of human rights, a threat to individual freedom, and therefore it is necessary to develop and implement new legal mechanisms that would guarantee the full implementation of fundamental rights and freedoms, provide the necessary balance between individual freedom and public security. In this context, the legal consolidation and practical implementation of the principle of formal equality become important.

Innovative Digital and Experiential Blended Learning Non-Formal Programme for Community Animators: Lessons learned

An innovative blended learning non-formal programme was launched in 2018-2019 for professionals and volunteers, who were encouraged to develop their own social competences in order to work directly as community animators with vulnerable groups and promote social inclusion in Greece. The intervention, which lay within an ongoing experimental European project, COMANITY, was built upon the challenges emerged from harsh economic restraints, rising demand, restricted supply and diminishing resources in our society. Within this context, youth services are urged to increase their efficiency and effectiveness, encourage civil society to fill the gaps in service provision left by ‘mainstream’ supply and try to support young people to ‘help their peers’ by getting more of them to volunteer. Community Animator’s non-formal blended learning training programme was carried out online programme delivered to 109 participants out of 947 who applied and through an experiential face to face workshop that was delivered to 14 unemployed women aiming to raise awareness and critical understanding of the concepts of democracy, equality, advocacy, human rights and social cohesion. Peer learning methods and an action research methodology were employed in order to enhance young participants to act as agents for change and develop a holding environment for those youth at risk to be marginalized. By working on their own capacities and motives, personal attitudes and possible dysfunctional assumptions, young participants actively shared and confronted critically their views and concerns, realized the impact of space and time on their civic engagement and organized themselves in social action. The present study discusses the profile and satisfaction level of participants in the online digital programme and the profile and satisfaction level of participants on the blended learning experiential programme. The data suggests that blended programmes are necessary for developing action research skills and enhancing the role of community animators, even though online programmes on their own can also assist in raising awareness about the role of community animators.

Права человека в контексте взаимодействия азиатских и европейских правовых ценностей

This article substantiates the need to consolidate human rights through various international legal mechanisms, including regional conventions on human rights that reflect specific legal and cultural values. The authors analyzed the Oriental legal values that differ from those in the Occidental. Borrowed elements of foreign culture and standard legal norms do not provide effective implementation of international documents at the national level. In fact, a lot of contemporary conflicts originate in the gap between the official legal ideology and the traditional legal consciousness, which is typical of most Asian countries. The interdisciplinary and civilizational (sociocultural) approaches revealed that most Shanghai Cooperation Organization countries adhere to the so-called Asian values, e.g. collectivism; priority of family, clan, and nation interests; idealization of the authorities; detachment from active political and legal life, adherence to moral norms, etc. The authors believe that, along with the Universal Declaration of Human Rights, there may be regional concepts and international regional acts based on civilizational identity, historical memory and experience. Eurasian countries need a new concept of human rights, which will combine universal and Asian legal values, e.g. priority of the community and state over the individual; the advantage of public order over the personal rights and freedoms; common wellbeing; significance of moral and religious rules; admiration for strong political leaders, etc. This concept will make it possible to integrate Asian mentality, lore, and national philosophy into standard human rights. The concept might help to resolve various conflicts that occur between global legal ideology and traditional legal mentality of most Asian societies.

RELEVANCE OF N.A. BERDIAEV PHILOSOPHY IN THE DEMOCRATIC CONDITIONS OF THE XXI CENTURY

The views of the “Silver Age” philosophers are undoubtedly of great interest to the researchers, since they reflect the confrontation between the democratic principles of the Western states ruled by the primacy of law and the first signs of the emerging socialist regime with the domination of one ideology, a single political party and an equalizing distribution. The dilemma of the philosophical approaches is observed in the works of N.A. Berdyaev, who studied both the signs of totalitarianism and the rule of law. The purpose of this research is to consider the major provisions of N.A. Berdyaev’s philosophy through the prism of the modern Russia’s political regime and the existing constitutional system in our country. Conclusions. Philosophical views of N.A. Berdyaev are still relevant nowadays. At the beginning of the last century, long before the emergence of the rule of law in our country, he precisely described the essence of natural (inalienable) human and civil rights and freedoms, coinciding with the modern concept of human rights. However, one should note that the development of communism and the emerging proletarian dictatorship caused the philosopher’s negative attitude to the institution of the state (the kingdom of Caesar), which he viewed as the institution suppressing personal freedom. We believe that his views are partially relevant for the contemporary political regime of our country, where personal freedom is limited, but this is aimed at maintaining order and preventing chaos in society. Berdyaev rightly noted that positive law is applied to maintain the order in the state; it is obvious that this function has been preserved to this day. It can be concluded that despite the predominance of the religious component in the philosophy of N.A. Berdyaev, his political and legal views are relevant today, since they develop the concept of the rule of law and the individual’s inalienable rights and freedoms.

Islam and Human Rights: Friend or Foe?

<p align="left">In the context of the relationship between Islam and democracy along with human rights, Islam represents two opposing positions (the two faces of Islam). On the one hand, Islam is seen as a religion of compassion (raḥmat li al-‘ālamīn), respects plurality, upholds tolerance and cares about human rights. On the other hand, Islam is often identified with separatism, discrimination, intolerance and violent phenomena. In Islamic countries and Muslim-majority countries, violations of human rights frequently occur. Islam often appears with a double face. In addition to being a source of law to bring about peace, it is often used as the basis for violent ideologies from state’s repressive policies to terrorism movements. This article elaborates on the basic concept of human rights in Islam and the dynamics of protecting and upholding human rights. Using a conceptual approach, this study aims to seek religious awareness in the midst of globalization where religion can strengthen the concepts of human rights. When religion is used as a source in the rational policy framework of a country, especially the protection and enforcement of human rights, it can be ascertained that human rights in that country will flourish and will be accepted by the citizens.</p>

A study of patriotism and human rights in critical pedagogy

This article explores the moral, pedagogical contradictions generated by the intersection of patriotism and human rights, and offers a possible response to these contradictions in the context of critical education. A review of the forms of patriotism and related human rights is provided. A retrospective analysis of sources is given. A brief overview of human rights criticism is offered, and the rationale that a critical, non-universalist conception of human rights combined with critical patriotism formulates a strategy to bring them together. The next part of the article discusses how to overcome the problems of incompatibility between patriotism and human rights. This is followed by an exploration of the pedagogical approach to teaching this concept, which consists of the emergence of a new strand, the critical pedagogy of emotion, which focuses on questioning emotional commitments. The final section suggests that the «convergence» between patriotism and human rights in the context of critical education must take into account that patriotic feelings (as a form of love for one's country) constitute a special form of "emotional education." Thus, the teaching of patriotism and human rights would benefit from the concept of a «critical pedagogy of emotions» that explores the emotional commitments of patriotism and human rights and the consequences of these commitments. Teachers should encourage a form of patriotism and human rights that promotes the development of criticality, solidarity and emotional relationships with others. Keywords: education, patriotism, human rights, critical education, critical pedagogy