Development Of Human Rights Research Articles

Imam Al-Shafi'i's Thought About Human Obligations and Rights in Islamic Law

Human rights are issues that are always discussed and have not provided a single understanding. This article aimed to analyze human rights from the perspective of the Imam school of thought by using the analysis of the thought of Imam Al-Shafi'i. This research was qualitative using the library research method based on data management obtained from several pieces of literature. Furthermore, this research used a normative approach by adapting several books of Imam Al-Shafi'i. The research found that human obligations and rights in Islamic law, according to Imam Al-Shafi'i, became an inseparable unit. Muslims must be far back to see the birth history and the development of human obligations and rights. As is meant by Imam Al-Shafi'i, human right is a fundamental thing, and it is worth fighting for social beings. His thinkers about human rights can be seen in some of his works, such as Al-Umm and Al-Risālah. These works are very outside for those who want to learn about human rights. The work and application of human rights imposed by Imam Al-Shafi'i are not much different from what is explained by several figures of human rights thinkers who come from the West. It was as the author found a match in his application after seeing the development of human rights thought from several figures. It is expected that contemporary Muslim scholars prioritize the issue of human obligations and rights in providing legal solutions to Muslims.

THEORETICAL AND LEGAL ANALYSIS OF THE STAGES OF FORMATION OF LABOR LEGISLATION

Objective: to conduct a thorough analysis of the evolution of human rights at different stages of development of society, to study the main aspects of the formation of socio-legal status of man in the field of labor. Research methods: general scientific and special methods are used in the work. Results: the peculiarities of the formation and development of labor legislation are analyzed, specificity of the factory legislation in the period of activization of labor movement for labor rights is defined, it is established that «formation of the social status of the person in labor sphere» is formation and development of labor rights, duties. The stages of formation of the social status of a person in the sphere of labor are singled out, namely: 1) collective-dependent (primitive-communal); 2) individually dependent (slave, feudal); 3) factory-industrial (capitalist); 4) collective-totalitarian (Soviet period); 5) integration-European (modern development of Ukraine). It is established that the specificity of primitive society is the collective organization of labor at the initial stage of human life, namely the need for collective efforts to organize life, because man himself was unable to earn a living. Discussion: the question of the social and legal position of man in the field of labor shows that it is work that most fully reflects the level of socialization of man, his motivation, as well as needs. Trends in social evolution indicate the patterns of formation of human social status at different stages of formation of society and the development of labor legislation. Features of historical and legal aspects of formation of the labor legislation in the XX-XXI centuries are considered.

Human rights and human rights education

Education is must for all human beings whether it is value education, physical education, environmental education or human rights education. As human rights are basic to humanity and human beings are entitled by virtue of their status as human beings without consideration of nationality, religion, race, sex, class, caste and creed. While civil, political and social-economic rights are dependent on an individual's status as a citizen of a particular state but his human rights are not determined by this condition. Because these rights are concerned with humanity, with all humans, therefore, the scope of human rights education is extensive. In the age of globalization, fast urbanization and expansion of higher education, the relevance of human rights education is being felt. Human rights are a prerequisite for peace, development and democracy. India is one of the world’s oldest civilizations and the largest and most matured democracy. For the sake of democracy and sustainable development human rights education is essential in Indian society. Knowledge of human rights is the best defense against their violation. Learning about one’s rights builds respect for the rights of other and points the way to be more tolerant and peaceful societies.

The Development of Human Rights and Responsibilities in The Republic Period Primary School Life Science Textbooks

Bu araştırmanın amacı, cumhuriyetin kuruluşundan günümüze 
 kadar, ilkokul Hayat Bilgisi ders kitaplarındaki insan hak 
 sorumluluklarının yer alışını incelemektir. Bunun için ilkokul 3. sınıf 
 Hayat Bilgisi ders kitapları odaklanılmıştır. Amaçlı örnekleme tekniği 
 ile her on yıldan bir ya da iki kitap seçilmiştir. Araştırmada nitel 
 araştırma yöntemlerinden doküman analizi kullanılmıştır. 
 Araştırmadan elde edilen veriler içerik analizi ve betimsel analize tabi 
 tutulmuştur. Araştırmadan elde edilen verilere göre, 1930-1950 yılları 
 arası ders kitaplarında millileşme vurgusu ön planlandadır. 1960’lı 
 yıllarda insan hak ve sorumluluklarının oldukça sınırlı sunulduğu 
 görülmüştür. 1970’li yıllardan sonra insan hak ve sorumlulukları 
 bağlamında bir ilerleme olmuştur. Ancak daha çok itaatkâr vatandaş 
 modeli benimsenmiştir. Bu durum ders kitaplarında 1980’lere kadar 
 sürmüştür. 1982 Anayasasının etkisiyle ders kitaplarında insan 
 hakları, önceki yıllara göre önemli bir gelişme göstermiştir. Ancak asıl 
 iyileşme 2000’li yıllarda meydana gelmiştir. Bu gelişme, özellikle hak 
 ve sorumlulukların çeşitliliği bakımından yaşanmıştır. Bunlardan öne 
 çıkan iki kavram “özel hayatın gizliliği” ve “adil yargılanma”dır. 
 Sonuç olarak Türkiye’de, eğitim aracılığıyla dönemin düşünce 
 yapısına uygun vatandaş yetiştirmek amaç edinilmiştir. Vatandaşlık 
 eğitimini de konu edinen Hayat Bilgisi ders kitaplarının, dönemlerin 
 zihniyeti ve güncel sorunlarından etkilendiği söylenebilir.

Reasonable Time - Is It a Factor of Efficiency in Criminal Proceedings?

The principle of reasonable time, included in Art. 6.1. of the Criminal Procedure Code of the Russian Federation in 2010, is viewed in Russian criminal procedure law theory as a considerable contribution to the development of human rights guarantees in the sphere of criminal court proceedings. The legal nature of this principle, stemming from Art. 6 of the European Convention, which includes the concept «reasonable terms» in the general formula of each persons right to a fair trial, definitely reflects the expectations of all parties involved in criminal procedure relations. However, the introduction of this principle did not lead to any meaningful positive changes in the practice of law enforcement: violations of criminal procedures time limits remain an intractable problem. This problem, caused by the absence of any commonly recognized understanding of reasonable time limits for procedural activities, resulted in risks whose legal consequences are unacceptable for the society, the victims, the accused or the convicted, and create a negative attitude to the court system in general. The authors express their opinions regarding the problem of observing time limits, the understanding of reasonableness in law, and the legal regulation of the observance of procedural limits. They also present suggestions on improving the legal regulation of time limit observance in criminal proceedings. If such a principle of national court proceedings as reasonable time limit (part of the system of criminal proceedings) is violated, it leads to additional problems deteriorating the proceedings for criminal cases. The understanding of reasonable time is connected with the legal conscience of the law enforcer that, on the one hand, is always individual and, on the other - does not necessarily coincide with the opinion of scholars on this issue. The variety of actions and persons who carry them out, especially at the pre-trial stages, makes it necessary to develop a fixed understanding of a reasonable time limit, whose observance should not be equaled with the observance of procedural actions which, due to various circumstances, like the weather or some circumstances of subjective nature, could contribute to the violation of procedural time limits set out by law. Correspondingly, the improvement of the legal regulation of the observance of time limits for procedural actions as an important part of a fair criminal trial presupposes taking into consideration the whole range of relations emerging in the enforcement of criminal procedure legislation.

Islamic values and Asian values

The Paper gives an insight into the values of Asian and Islamic countries with respect to human rights. It helps in understanding the problems that are prevalent in these countries and what could be done in order to bring the concept of human rights as it exists in these countries on par with the liberal ideas of West. The paper deals with analysis of human rights in reference to Asian and Islamic values. The idea of Human Rights is regarded as the idea of West and the Asian and Islamic practices pose a challenge to this idea. The study is limited to comparison between Western values of human rights and Asian practices; the development of human rights in Islamic culture and the challenges that exist even in the modern world. The paper also puts across the views of some renowned philosophers and supporters of Human Rights as to the concept of ‘cultural relativism’, ‘the relative universality of human rights’ and the impact of difference in practices on the rights of women and other weaker sections of the society.

ISLAM, HAM DAN KONSTITUSIONALISME INDONESIA

<p>The development of human rights as an intrinsic element that exists in humans has existed for a long time. Awareness of the existence of human rights, self-esteem, dignity and human dignity has actually been started since humans were on earth. This is because human rights have naturally existed since humans were born and are rights that are inherent and inseparable from human beings. The constitution in force in Indonesia recognizes that the position of human rights is very vital, although there are differences in terms of quality and quantity, especially in adopting human rights instruments, socio-political conditions which then have an influence on the contents of the constitution. Thus, it is clear that human rights are a basic need of society that must be contained in a constitution, as well as related to the basic values of the nation state itself.</p>

Conjuring Creative Citizenship Beyond Rights

Conjuring Creative Citizenship Beyond Rights Elizabeth Swanson (bio) A Review of Writing and Righting: Literature in the Age of Human Rights by Lyndsey Stonebridge. Oxford: Oxford University Press, 2021. Pp. 176. $25 hardcover. Susan Sontag's Regarding the Pain of Others (2003) is one of several key texts through which Lyndsey Stonebridge crafts the elegant, satisfying chapters of her latest, Writing & Righting. Stonebridge's small book packs the same genre of punch for readers now as Sontag's did when it was published, just after the Abu Ghraib torture photos had been released, when Sontag's questions carried ethical urgency: What is the purpose of looking at images of atrocity? If the atrocity has already happened, and suffering cannot be alleviated because of the evidence the image provides, how does the act of looking do anything but consolidate the viewer's sense of safety by comparison? For Stonebridge, the question concerns literature, not photos or images, and its role in the project of human rights or, as she more eloquently puts it, its role in transforming human rights claims into "common sense." Her inquiry traces the trajectory of human rights as the twentieth century has given way to the twenty-first, while also exploring the development of human rights and literature as a critical method, largely in the decades since 9/11. In both cases, she is careful to alert readers to the gap between language and the real; the now; between what we claim and what we accept. The book deeply treats our current context, refreshingly facing the human rights horizons of racial struggle [End Page 217] and inequality, climate disaster, and mass subhumanization, and then poses the perennial question of "How we might get from imagining other people to agreeing to share resources and power with them?" (24). In other words, how do we translate the empathic feelings that arise from reading about human rights violations into actions that diminish not only suffering, but the causes of suffering, in deep structures of inequity and violence? How do we mobilize our privilege in material ways that positively impact others' lives and move the world to greater justice? How do we leap from feeling to action through identification with a character or plot? And perhaps most of all, how do we find courage and clarity to acknowledge our role in the suffering of others and then to act differently? While I cannot report that Stonebridge delivers that formula (because, well, it doesn't exist, does it?), she does achieve something nearly as complex in the time she devotes in each chapter to exposing the nearly surreal level of denial and untruth, not to mention sheer interpretive cynicism, at the core of our current political systems and their discourses. In her insistence that the gap between words and reality in the current political arena has totalitarian ancestors and aims. In her recognition that living in the space between stated values and actual practices is the truly maddening condition of all our lives. In her idea that we turn to writers whose first-person perspectives emerge from within what I, following Suzanne Césaire, can only call "the great camouflage" of racist patriarchal imperialism, and who have experienced its unthinkable harms, to restore a culture where human rights—or better, human dignity—is a matter of common sense. I will go so far as to say that the act of reading Stonebridge's book felt like a meta-experience of how to build commitment to the solidarity of creative, universal citizenship beyond the cynical arena of the neoliberal nation-state, and I am grateful for it. Over the course of six tightly woven chapters, Stonebridge explores the harrowing edge we are all obliged to ride between ours as a moment of reckoning and ours as a moment of transformation, all within the context of (impending) climate disaster. Her emphasis remains rightly, refreshingly on context as she questions whether "the words 'human rights' any longer carry enough moral, political, cultural, social, or even semantic weight to adequately convey what it is that so many are currently determinedly, urgently, and sometimes desperately working to protect across the globe just now" (8). This throughline includes...

Rights, Interpersonal Violence and Settler Colonialism in Early Nineteenth-Century South Africa: Thomas Pringle and Scottish Colonialism at the Cape, 1820-1834

Thomas Pringle, a Scottish settler at the Cape Colony and later secretary of the Anti-Slavery Society in England, was both a settler in territory recently conquered from the Xhosa and an advocate against violence on Eastern Cape borderlands. This article examines both aspects of his career in the 1820s and early 1830s, and asks how they relate to one another. While working to put accounts of abuse into trans-imperial circulation, Pringle was caught up in the structures of settler colonialism at the Cape, including militarization and the quest for African labour. The evidence he provided was nonetheless politically significant. The article places Pringle’s work in the context of a larger history of the development of human rights and their interaction with both humanitarianism and colonialism. The article further asks what difference, if any, Pringle’s Scottishness made to his own sense of identity, political activity and views of colonialism.

Development of Human Rights in the National-Cultural Sphere

The development of human rights in the national-cultural sphere, especially in states with multi-ethnic populations, should be aimed at the statehood strengthening, inter-ethnic interaction on a good-neighburly basis, and the maintenance of inter-ethnic peace. In the national-cultural sphere human rights are closely intertwined with the spheres of their realization and the commonality of several key components: the right to determine one's ethnic affiliation, the right to use one's native language, the “right to culture”. The following issues are considered in the article: human rights in the national cultural sphere as a synthesis of individual and collective rights, development of human rights in the national cultural sphere, dynamics of regulation of human rights in the national cultural sphere in the neighboring states. It is emphasized that the dynamics of the development of human rights in the national and cultural sphere is conditioned not by the emergence of new human rights, but by the addition of guarantees of the already implemented rights and freedoms, by the increase of the level and quality of their protection by the state and society. First and foremost, we are talking about the development of guarantees for the implementation of the right to use one's native language. It is considered to be one of the basic human rights in the contemporary world, which is created on the principles of the prohibition of discrimination based on national and linguistic criteria, multiculturalism, and respect for peoples' cultures and languages.

Historical Perspective of Human Rights: An Analysis

After the world war second in 1945 a new world order came into being, putting respect for human rights alongside peace, security and development as the primary objectives of the United Nations. The Universal Declaration of Human Rights proclaimed in 1948, provided a frame work for a series of international human right conventions. The main objective of the study is to investigate and analysis the historical development of human rights. For conducting of this study data was collected from several articles, books, related documents and internet regarding human rights as a quality paper.

A Review of the Meaning and Importance of the Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR), announced on the 10th of December 1948, was adopted by the UN General Assembly with the approval of 48 countries. The declaration, called the “Magna Carta of all humanity” by Eleanor Roosevelt, has gone through many difficulties from the day it was signed to the present day. Eventually, the declaration has made important contributions towards the universal acceptance, development, and protection of human rights. At present, the declaration continues to maintain its universality and importance in the same way. However, it is a matter of debate in what direction the existence of this declaration affects human rights. In this respect, this study examined why many people are suffering despite the presence of the UDHR. The first part of this study discussed the conceptual framework of human rights and examined the declarations that play an important role in the process leading to the proclamation of the Universal Declaration. Later, the study mentioned the role and importance of the UDHR and mentioned its contribution to developments in human rights as an inspiration for the new declarations that came after it. Finally, the study tried to explain the reason for the limited impact of the Universal Declaration by analyzing the adaptation process of the declaration and the difficulties it has experienced. In this context, it has been concluded that this declaration has a limited impact since the main reason for the continuation of human rights violations today is that the declaration is not binding, and sovereign states violate human rights. Nonetheless, it has been found that the declaration effectively has prevented significant human rights violations and gradually has increased its limited impact as a source of inspiration for new declarations and agreements.

It’s the End of the (Offline) World as We Know It: From Human Rights to Digital Human Rights – A Proposed Typology

Abstract ‘The same rights that people have offline must also be protected online’ is used in recent years as a dominant concept in international discourse about human rights in cyberspace. But does this notion of ‘normative equivalency’ between the ‘offline’ and the ‘online’ afford effective protection for human rights in the digital age? This is the question at the heart of this article. We first review the development of human rights in cyberspace as they were conceptualized and articulated in international fora and critically evaluate the normative equivalency paradigm adopted by international bodies for the online application of human rights. We then attempt to describe the contours of a new digital human rights framework, which goes beyond the normative equivalency paradigm. We offer in this connection a typology of three ‘generations’ or modalities in the evolution of digital human rights – the radical reinterpretation of existing rights, the development of new rights and the introduction of new right and duty holders. In particular, we focus on the emergence of new digital human rights, present two prototype rights (the right to Internet access and the right not to be subject to automated decision) and discuss the normative justifications invoked for recognizing these new digital human rights. We propose that such a multilayered framework corresponds better than the normative equivalency paradigm to the unique features and challenges of upholding human rights in cyberspace.

СТАНОВЛЕННЯ І РОЗВИТОК ПРАВ ЛЮДИНИ У СТАРОДАВНІЙ ГРЕЦІЇ

The article analyzes the emergence and development of human rights in ancient Greece as a socio-historical phenomenon. The author finds that the term «human rights» originated relatively recently and finally became established after the adoption of the Universal Declaration of Human Rights by the UN General Assembly on December 10, 1948, but the ideas of equality and justice were traced in such ancient collections as Hammurabi's Laws, Moses' Laws, Old Testament, Laws of Manu, etc. It is established that the protection of individual rights in ancient times became widespread in ancient Greece, where human rights became a natural consequence of the polis form of democracy and were associated mainly with the concept of citizenship, which provided the equality of all members of the policy in the exercise of rights and freedoms, especially political. Consequently, the existence of human rights, recognized by most ancient Greek thinkers, in particular the principles of equality, justice, freedom and protection of individual rights are traced in the works of Homer, Hesiod, Pythagoreans, Democritus, Sophists (especially Protagoras, Antiphon, Lycophron, Alcidamas of Elaea), Socrates, Plato, Aristotle and Epicurus. Certain human rights provisions were included in the Draconian laws, which restricted the over-interpretation of the law by the archons, as well as Solon's reforms, regarding to, inter alia, the cancellation of the debts of the poor and the granting them of certain rights, including political ones. For ancient Greece, the notion of natural law, founded by Hesiod as a law by nature (feses), is fundamental. The Pythagoreans formulated the concepts of «appropriate measure» and «proportionality» as justice in human relations, which played an important role in shaping the ideas of legal equality of people. Democritus first raised the problem of individual human freedom, arguing that wise and good people, because they are able to comprehend the laws of nature and the highest justice, must live freely. The Sophists established the postulate of the fundamentality of natural law, contrasting it with positive law. Protagoras formulated the maxim: «Man is the measure of all things», which is in fact decisive in the modern concept of human rights and freedoms, where man is proclaimed the highest value. Protagoras and Antiphon substantiated the idea of equality of all people by nature. Alcidamas of Elaea, and later the Stoics developed the idea of equality of all people, including slaves. Lycophron declared personal rights an inalienable natural right. Socrates recognized political freedom, in accordance with the requirements of reason and justice, a beautiful and majestic property for both man and the state. Plato, like Socrates, identified legality (law) and justice. He proclaimed the principle of equality of all before the state, regardless of origin and gender. Aristotle distinguished between distributive and equalizing justice, which is the basis of modern legal understanding. He argued that natural law personifies political justice, which is possible only between free and equal people. Epicurus believed that justice, which comes from nature, is also a socially contractual phenomenon. He substantiated the ethical autonomy of man.

Legal regimes for using human embryos for scientific purposes in the light of the international bodies’ practice

The research on human embryos evolves rapidly, raising a number of ethical and legal issues and directly affecting human rights. Approaches to the legal regulation of human embryo research differ significantly from country to country. Some of them employ prohibitive practices (e.g. Switzerland and Italy), and the others have a regime that allows using embryos for scientific purposes with restrictions of different extent (e.g. the UK and Japan). There is no the international consensus on the issue of human embryo research. The objective of the article is to find out whether there are positions of the international bodies that may become or have already become the general guidance for different countries, allowing therefore to regulate effectively the use of human embryos for scientific purposes.The conclusion is drawn that there are positions of international bodies that may serve as the guidance within the regulation of the area concerned. States may enjoy a wide margin of appreciation within the framework of human embryo research regulation, considering the need to update their regulations regularly to harmonize them with the development of human rights and scientific progress and also to ensure a certain level of the embryo protection.

Philosophy and the future of human rights: peculiarities of the relationship between recent science and technology

Modern trends in the development of information society demonstrate the important role of scientific advances and technological innovations in affecting human society. Legal aspects of such influence remain a topical issue for research, since the dynamics of the emergence of new technological solutions is quite high, so lawyers have to respond to today's challenges promptly. The article aimsto analyze the future of human rights in the digital day, to understand and outline the threats arising from the impact of technology on society from a philosophical point of view. The methods of knowledge used in the article are divided into general scientific (analysis and synthesis), specific scientific (historical, psychological), philosophical (prediction, synergetic method),and special legal (dogmatic). The results traced the peculiarities of transhumanist and posthumanist perception of the future development of human rights through the prism of legal aspect and analysis of the relevant most significant current legislative acts. It is proved that possible humanistic violations can have technological roots. At the core of humanistic principles are individuality, mutual respect and recognition of the dignity of others, and self-improvement. However, excessive attention to science and technology does not allow us to completely safeguard the future development of humanity and, consequently, human rights. Contemporary Russian aggression is an example of such an opportunity. The conclusions summarize that the need to regulate artificial intelligence is already overdue. In addition, the authoritarian regimes 17of today are also using high technology for their own purposes. To protect human rights, it is necessary to develop principles for punishing political leaders and entire regimes.

Human rights in information society in the context of globalization

Problem setting. The problem of human rights in the context of globalization is complex and requires concerted and effective actions, which should be applied not only at the level of nation states, but also at the global level. Globalization has opened new challenges, related to the implementation, development and transformation of human rights, accelerated their universalization, and set new challenges for the world community. The purpose of the article is to analyze the essence of globalization and the impact of globalization processes in the world on the definition of the essence and approaches to human and civil rights and freedoms, analysis of the legal basis for their consolidation and guarantee. Analysis of resent researches and publications. Today, the interest of scientists to globalization in general and legal globalization has increased significantly. The problem of human rights has a worldwide character, it has been studied by such leading foreign specialists as Z. Baumman, in. Beck, K. Omaye, S. Strahej, E. Toffler, M. Foucault, Y. Habermas, J. Rola, F. Fukuyama, etc. Certain aspects of legal globalization were studied by domestic scientists – O. Petrishin, P. Rabinovich, O. Dashkovskaya, L. Wasechko, I. Zharovskaya, N. Onishchenko, O.Uvarova and others. However, consideration of the problem of human rights transformation requires a solidise analysis and a comprehensive approach. Articles main body. The issues of interaction between globalization and law at the present stage of society development are considered. Particular attention is paid to the analysis of the factors of interaction between globalization changes and human rights in modern society. The following signs of transformation of the institution of rights and freedoms are singled out: change of the content of human rights under the pressure of global problems of the present; emergence and legal development of new human rights and freedoms; universalization and regionalization of human rights; complicating the system of international legal regulation of human rights. It is determined that in the context of globalization processes human rights standards in the sphere of digital technologies and further development of human rights to prohibit discrimination in all spheres of relations, in particular on the grounds of sexual orientation and gender identity, also deserve special attention. Conclusions. Analyzing the different approaches to the legal opportunities of people in the era of globalization, it can be stated that given the diversity of relations of which everyone in the world is a member, international organizations and each country should not dwell on developing and improving the legal framework to guarantee and protect human interests and rights. . But they are obliged to continue the legal policy on the recognition and consolidation of human rights and freedoms that appear in the changing conditions of today in the modern world under the further influence of scientific and technological progress, as well as geopolitical challenges.

INTERNATIONAL LEGAL MECHANISM FOR ENSURING HUMAN RIGHTS

Background. The problem of protecting human rights has existed throughoutthe existence of mankind. Modern globalization affects the effectiveness of international institutions in the field of human rights. After all, the rapid processes of development and adoption of international documents in the field of human rights require not only worldwide recognition, but also unquestioning implementation. In this regard, the study of the mechanism for exercising the powers of the UN Human Rights Council in the temporarily occupied territories of Crimea and Donbas is especially relevant. The aim of the article is to establish a mechanism for exercising the powers of the UN Human Rights Council to respect and ensure human rights in Ukraine, in particular in the temporarily occupied territories of Crimea and Donbas. Materials and methods. Both general and special legal methods of cognition were used during the research. The normative basis of the study were international treaties, international law and the work of domestic and foreign scientists. Results. International protection of human rights is one of the most important branches of public international law. The creation of the United Nations has opened a new page in the field of human rights institutions. In order to promote and ensure human rights in Ukraine, in particular in the temporarily occupied territories of the Autonomous Republic of Crimea and Donbas, the UN Human Rights Council implements a number of mechanisms: closely cooperateswith the UN High Commissioner for Human Rights. periodic inspections. The UN Human Rights Council serves as a forum for discussing thematic issues on all human rights. Thus, within the high-level segment of the UN Human Rights Council, on February 23, 2021, for the third year in a row, the UN General Assembly debated on the agenda item «Situation in the Temporarily Occupied Territories of Ukraine» initiated by our state. Within the framework of this event, support for the sovereignty and territorial integrity of Ukraine was expressed. Conclusion. Ukraine’s cooperation with the UN Human Rights Council is increasing pressure from the international community to respect the rights of indigenous peoples, national minorities, social human rights, democracy and the rule of law. During the Russian aggression on the territory of Ukraine, the UN Human Rights Council adopted a resolution «Cooperation with Ukraine and its assistance in the field of human rights», an agreement was concluded between the Government of Ukraine and the Office of the UN High Commissioner for Human Rights. Ukraine. Thus, despite the recommendatory nature of the powers of the UN Human Rights Council, this international institution significantly affects the level of human rights in the temporarily occupied territories of Ukraine, and contributes to the further development of human rights in Ukraine. Keywords: human rights, UN Commission on Human Rights, UN HumanRights Council, Office of the UN High Commissioner for Human Rights, UN Human Rights Monitoring Mission.

COMPARISON OF THE CONCEPT OF COMMAND RESPONSIBILITY IN HUMAN RIGHTS COURT PROVISIONS

The new spirit of human rights enforcement in Indonesia through the ratification of Law no. 26 of 2000 became the main pillar to accommodate issues that attracted international attention. Law No. 26 of 2000 has shown the importance of regulating human rights enforcement, the regulation is also the main instrument to protect and guarantee human rights enforcement mechanisms in Indonesia. The author takes a legal problem on the comparative law of Law no. 26 of 2000 concerning the Human Rights Court which was adopted from the provisions of the 1998 Rome Statute. Several human rights activists took action, this was because the 1998 Rome Statute provisions were adopted imperfectly in article 42 of Law no. 26 of 2000 which caused problems in the enforcement of the Human Rights Court. Some of the perpetrators of gross human rights violations in Indonesia are generally parties with power or position, who can escape the applicable legal sanctions and are free from responsibility for the actions that have been committed by them or their groups. So it is important for the development of human rights in Indonesia to improve the norms of command responsibility in Article 42 of Law no. 26 of 2000. Based on these issues, the author will integrate several comparative laws and principles to get a concrete solution. The purpose of this research is to build a legal framework to strengthen the enforcement of Indonesian human rights. The methodology that will be used is a normative method with a conceptual approach. The findings of this study reveal that several human rights violations by the Command in Indonesia have not yet been resolved properly and have attracted international attention. In theoretical studies, the existence of the principle of command responsibility is considered difficult to prove in court. The involvement of human rights violators by the TNI command in several cases is evidence that the implementation of the command responsibility mechanism in human rights violations is far from being expected.

Comparison of the Concept of Command Responsibility in Human Rights Court Provisions

The new spirit of human rights enforcement in Indonesia through the ratification of Law no. 26 of 2000 became the main pillar to accommodate issues that attracted international attention. Law No. 26 of 2000 has shown the importance of regulating human rights enforcement, the regulation is also the main instrument to protect and guarantee human rights enforcement mechanisms in Indonesia. The author takes a legal problem on the comparative law of Law no. 26 of 2000 concerning the Human Rights Court which was adopted from the provisions of the 1998 Rome Statute. Several human rights activists took action, this was because the 1998 Rome Statute provisions were adopted imperfectly in article 42 of Law no. 26 of 2000 which caused problems in the enforcement of the Human Rights Court. Some of the perpetrators of gross human rights violations in Indonesia are generally parties with power or position, who can escape the applicable legal sanctions and are free from responsibility for the actions that have been committed by them or their groups. So it is important for the development of human rights in Indonesia to improve the norms of command responsibility in Article 42 of Law no. 26 of 2000. Based on these issues, the author will integrate several comparative laws and principles to get a concrete solution. The purpose of this research is to build a legal framework to strengthen the enforcement of Indonesian human rights. The methodology that will be used is a normative method with a conceptual approach. The findings of this study reveal that several human rights violations by the Command in Indonesia have not yet been resolved properly and have attracted international attention. In theoretical studies, the existence of the principle of command responsibility is considered difficult to prove in court. The involvement of human rights violators by the TNI command in several cases is evidence that the implementation of the command responsibility mechanism in human rights violations is far from being expected.