Establishment Of Human Rights Research Articles

Human rights and corruption as manifestation of their violation

This article examines the state of implementation and compliance with generally recognized legal principles and norms of international law in the field of fundamental human rights 
 © Корж І.Ф., 2023
 and freedoms in Ukraine. It is noted that human rights should be understood as the defining principles of a person’s legal status, which belong to them from birth, are natural and inalienable, without which a person cannot exist as a full-fledged social being, and therefore they are a necessary element of citizens, society and the rule of law. The concept of human rights is based on two basic values – human dignity and equality. Human rights are defined and formalized primarily by international law, which includes a number of basic international legal acts, such as: Universal Declaration of Human Rights; European Convention on the Protection of Human Rights and Fundamental Freedoms and its protocols; Charter of Fundamental Rights of the European Union. Ukraine, which noted its further development in the direction of integration into the EU, formalized the rights of its citizens in the Constitution adopted in 1996, which enshrines a whole series of both traditional and new guarantees of human and citizen rights and freedoms, which allow each citizen to choose the type of his behavior, to use economic and socio-political freedoms and social benefits both in personal and public interests. It is emphasized that the establishment of human rights in Ukraine as the highest social value is complicated by a number of factors, which is mainly determined by the low legal culture of both the general public and civil servants and is confirmed by the fact that for many years Ukraine occupied one of the first places among the member states of the Council of Europe by the number of cases of violation of citizens’ rights that were pending in the European Court. This indicates the existing problems in the state regarding legal education, legal awareness, legal culture, etc. of citizens who are primarily in public authorities, and which manifests itself in the manifestation of corruption, as legal nihilism of citizens. This becomes particularly cynical during the period of fighting against Russian aggression, as evidenced by numerous reports in the mass media. Such manifestations of corruption scandals in the Ministry of Defense of Ukraine, in civil-military administrations, in local self-government bodies, in other state bodies of the country testify to the presence of a deep political and legal crisis in the state administration bodies of the country, as a result of the lack of program documents on the implementation of state personnel policy, inactivity legal mechanisms to fight corruption. Even the Law of Ukraine “On De-Oligarchization” was subjected to devastating criticism not only from the Ukrainian public, but also from the “Western” community. Confirmation of the relevance and importance of the need to solve the problem of corruption in Ukraine is evidenced by the fact that our ally the USA put forward clear conditions for further support of Ukraine in its fight against aggression and aspiration to join the European Union. The future success of Ukraine depends on accelerating the pace of reforms that remain unimplemented and the immediate implementation of identified priority transformations in Ukraine.

LEGAL BASIS OF UNDERSTANDING HUMAN RIGHTS IN THE FIELD OF NATIONAL SECURITY OF UKRAINE

The article analyzes the legal basis for understanding human rights in the field of national security. It is analyzed that in general the establishment of human rights and freedoms is their recognition by the state, which can be done by various means in the framework of implementation, through the actions of both the state and the authorities and officials. Examples include participation in the preparation and adoption of international human rights instruments by acceding to relevant international treaties, ratifying them, proclaiming them in declarations, declarations, enshrining human rights in the Constitution or other legislative acts. It is substantiated that in order to better understand the essence of human rights in the field of national security, it is necessary to understand the essence of the very concept of "national security". To this end, two main conceptual approaches to understanding the essence of national security have been identified. According to the first approach, the essence of national security is primarily related to human security. In essence, it is based on the provisions of Art. 3 of the Constitution of Ukraine, which proclaims the priority of human rights and freedoms as the highest value, the implementation of which should be the efforts of the state. In turn, the second approach is based on the priority of state and national security. The author argues that it is expedient at the legislative level to determine the essence and relationship of human rights in the field of national security, by adopting a special legislative act as a logical continuation of the Law of Ukraine "On National Security of Ukraine", which would regulate public relations in the field of human security and its fundamental rights.

Human rights in a democratic society

The basic law of our state, which has constitutionally declared itself to be legal and democratic, contains a provision according to which a person is recognized as the highest social value. In view of this, the article characterizes the understanding and content of human rights in a democratic development. It is noted that democratic values are based on human rights and freedoms, which are an integral part of law and legislation. The law must be legal. It is not so if it contradicts fundamental human rights: it does not reflect natural and legal principles; does not comply with generally accepted international legal principles and norms on human and civil rights, etc.These aspects characterize the content of human rights in a democracy. It is emphasized that democracy is first of all a system of carefully prepared and strictly observed laws that regulate all spheres of life of the state, guarantee the rights and responsibilities of citizens. Therefore, the development and strengthening of a democratic, social, legal state is impossible without the establishment of human rights and freedoms. The existence of human rights and freedoms and their guarantee are a kind of external method of limiting power, which always seeks to self-expand and strengthen its presence in all spheres of human life. Under the normal interaction of power and law, which is quite natural in a democratic society and state system, thereis their mutual enrichment. It is then that the provisions and formulas on the «rule of law», «rule of law», «rule of law» acquire real significance. A political regime will be democratic only if it represents the interests of the general population. The political elite must rule in the interests of the majority of society, not for the benefit of the privileged minority. Democracy is based on the value of every human being, so it strives to create civilized living conditions for all citizens. In conclusion, the thesis is emphasized that human rights are a universal category that originates from the very nature of man and his ability to enjoy the basic, most important benefits and conditions of safe, free existence of the individual in society. Keywords: power, democracy, democratic values, law, rule of law, human rights and freedoms.

The concept of human rights: doctrinal approaches

The article examines the modern concept of human rights as the universally accepted system of views and attitudes about the place and role of human rights in the society and the state. The list of human rights enshrined in these international instruments and the constitutions of many countries, was the result of a long historical development of samples and standards of human life and the entire community. It is emphasized that on the basis of a combination of natural and positivistic concepts of human rights and made possible the consolidation of fundamental freedoms in the constitutions of democratic States. The article focuses on the basic concepts of how to solve the problem of human rights and legal status of the individual which have developed in the history of legal theory and practice of various peoples: liberal (European) concept of human rights, collectivist, Islamic and traditionalist concept. It is emphasized that a decisive influence on the establishment of human rights made on the liberal conception of natural law doctrine, which established the priority of human rights, the new parameters of the relationship between the individual and the government. In the statement of the rights and freedoms of man played an important role in their ideological, doctrinal justification – the doctrine of natural human rights that do not depend on the discretion and arbitrariness of the government, and it is aimed at ensuring the rights defined by nature. Based on this doctrine and on the above mentioned international legal instruments, the new Constitution of Ukraine establishes a number of new rights, which were previously unknown or Constitution of the Soviet Ukraine nor the Ukrainian legislation: the right to life, right to dignity, the right to respect for private and family life, freedom of movement and free choice of residence, right to freedom of thought and speech, free expression of views and beliefs, and so on. Therefore, a new concept of the relationship between the Ukrainian state and the person with priority to the latter is brought to life, since the category of human rights operates solely in relations between man and power. Human rights are the limits of power. They define the sphere of human activity in which the power (the state) cannot interfere and the responsibilities which the state has for the human being. The article also discusses four generations of human rights, it is noted that in the XXI century. we can talk about the formation of the fourth generation of human rights, which is connected with the scientific discoveries in the field of microbiology, medicine, genetics and more. It is this generation that is at the center of intense debate precisely in terms of the naturalness of these phenomena and processes, from the standpoint of morality and worldview of a particular society, as well as based on the content of scientific doctrine. As a conclusion, the author writes that the legally enshrined legal position of a person has as its basis a liberal and natural-law concept, which stipulated as the primary principles freedom and inalienability, inalienability of human rights that belong to it from birth. Reference points are made in the relationship between the state and man - freedom, equality, the rule of law, the universality of human rights. And on these principles, principles, in addition to the actual scope of human rights and obligations, are exercised by these rights and freedoms. Keywords: constitution, concept of human rights, international legal act, human rights, natural law.

Public Procurement and the Erosion of the EU Social Model: Outline of a Polanyian Perspective and the Emerging Regulatory Role of Human Rights

States influence markets not just as regulators but also through their purchasing activity. However, governments are implicated in human and labour rights breaches via their purchasing relationships. Such supply chain abuses contradict basic assumptions of the European social model reflected in Europe-wide fundamental rights standards as well as domestic constitutional orders. Until now, EU procurement laws and policies exerted a ‘chilling effect’ on human rights and sustainability efforts by European public buyers. Yet a nascent movement has started to challenge orthodox reluctance to accept that the scope of rules based on competition and “efficiency”, within the EU order, should be conditioned by states’ obligations to secure respect for inalienable human rights and minimum labour standards. Public procurement thus serves as one plane for the playing out of continuing tensions between the predominantly competitive logic of international market regulation and Europe’s social and human rights values. In this chapter we seek to demonstrate this dynamic while arguing for measures to ensure a rebalancing in this ongoing contest towards protection of the European social model. Section 2 sketches the contours of public procurement law, with a focus on the EU. Section 3 highlights states’ contrasting duties to protect human rights arising under international treaties and new norms on business, human rights, supply chains and sustainability that articulate these in the procurement context. Section 4 outlines a Polanyian analysis of persisting tensions between competitive logic and human rights values in the public procurement context, an approach that, we contend, illuminates important connections between apparently specialist discussions about public procurement and human rights and today’s broader controversies about the social and political sustainability of Europe’s integrated market economy. We further illustrate how orthodox, competition-based procurement law perspectives threaten EU procurement law’s potential to advance social values in Europe is not merely technical but profoundly political and value-laden. Concluding, Section 5 advocates for the establishment of human rights as an explicit dimension within European sustainable procurement norms.

Education in Human Rights: Conceptions and Educational Practices

These paper article analyse the problem how the human rights are conceived and carried out made effective in the educational environment of two public high schools of the state system of education in Brazil, based on students’ perceptions and teacher’s opinions. Objectives of the study: Aligned to the Universal Declaration of Human Rights (UDHR) from 1948, as well as the fundamentals and the historical and legal milestones, the study proposes to identify youth perceptions and teacher’s opinions about the implementation of human rights in the school environment and its manifestations in educational practices. Methodology: We used a questionnaire with open-ended and close-ended questions to students (45) and interviews with open-ended questions to teachers (17). The categories analysed were organised in: tolerance and respect to differences and diversities, gender equality, respectful attitude towards sexual orientation, age differences, environmental care, experience in peace and solidarity situations, valorisation and respect to cultural diversities. Conclusions: Research results analysis of both in students’ and teachers’ perceptions revealed that in schooling context, considering the established interactions between teachers and students, and students between themselves, pointed to occasional situations of discrimination and prejudice hidden into “pleasantries” and “jokes” emulating ideological strategies of concealment and dissimulation of attitudes regarding lack of respect to the human dignity, considered a universal principle to the establishment of human rights.

Entre derechos implícitos y derechos naturales: la Corte IDH y la no discriminación por orientación sexual en el caso Atala

En este trabajo haremos un breve paralelo entre, por un lado, los argumentos que utiliza la Corte Interamericana de Derechos Humanos para establecer un supuesto derecho implícito a la no discriminación por orientación sexual en el caso Atala y, por otro lado, los argumentos que puede utilizar el iusnaturalismo para postular derechos naturales “subsiguientes” como derechos humanos no positivados autoritativamente a partir de la naturaleza humana. En este sentido, no nos ocuparemos aquí ni de reseñar, ni de refutar sistemáticamente los presupuestos, los argumentos o las conclusiones generales de la sentencia que se usará de ejemplo. Antes bien, el paralelo ofrecido nos permitirá evidenciar algunas de las ventajas teóricas de una aproximación iusnaturalista que, sin dejar de considerar la fuerza de la dimensión positiva del derecho, reconozca en la naturaleza humana el criterio normativo material primordial del establecimiento de los derechos humanos.

Moral values as the binding force of the human rights

Moral values represent the binding force of human rights. They are primarily the binding force of norms of national legal systems, and then the binding force of legal norms of international law and international conventions and declarations on human rights. The very essence of moral values represents the primary issue for the creation of conventions and declarations which protect human rights. However, moral values are not merely that, they are also the source of human rights. If we start from the fact that the values were given and are, thus, indestructible by man, then they are the best possible foundations of human rights. Actually, all human rights are based upon the values given to people to exercise and protect them. As with any issue of binding force of legal norms of national legal systems, the issue of respecting declarations and conventions on human rights, the sanction is not and cannot be the source of the binding force of these norms and declarations. It must be something more durable, and these are just the values that are given to people. Therefore, we can assume that human rights are given and are independent of people, even when they are being oppressed and violated, human rights do not lose their value and its importance. Only an order of values does not allow human rights to be rejected and to enter into a vicious circle in which the man disappears. Distorted application of moral values, directly lead to the rejection of human rights. There is no establishment of human rights without accepting moral values, and they will then be a valid foundation of durable establishment of human rights. Only then and only in this way human rights will not remain a record on a piece of international paper.

Doctrinal studies of the constitutional human right to housing

The topical problems related to housing of the military servicemen, the directions of improving and of providing observance of the housing law are considered as well as the waiting list of servicemen in Armed Forces of Ukraine is analyzed. The purpose of this paper is to study the natural law and positivist approaches to solving the human rights issues based on constitutional recognition of fundamental rights and freedoms. Relevance of the article consists in the nature and meaning of doctrinal study of the constitutional right to housing, the positive dynamics of sustainable development and establishment of human rights that has a long history which was accompanied by the struggle of doctrines and traditions specific to one or another country.

Defining and Achieving Freedom from Hunger: A Rights-Based Approach

If one is born in the right part of the world and in right social class, the problem of being hungry has its solution in the nearest refrigerator. However, if the situation is reverse, one may go hungry throughout one’s short life, as 800million born in the wrong place and in wrong social class are doing as we discuss the concern. Peace cannot exist where the hunger prevails as the former signifies not merely the absence of armed conflict but the establishment of human rights for all people, and no human right is worth anything to a starving person. That is why the freedom from hunger is fundamental to live as human being and is a necessary part of right to life.

FORMATION AND ENFORCEMENT OF CUSTOMARY INTERNATIONAL LAW: THE EUROPEAN UNION'S CONTRIBUTION

In this article it is discussed how the European Union's use of treaty-making powers and other external relations competences has contributed to the establishment of human rights as customary international law and makes it more likely that democracy and modern concepts such as good governance, precaution and sustainable development, will also gain this status. A specific focus of attention is on the EU's vision of the aforementioned rights and principles as a limit to State sovereignty. It is shown that the EU promotes an interventionist approach, which allows for proportionate responses to violations of peremptory norms by or in sovereign States. Since this view is expressly subscribed by a vast number of the EU's treaty partners, the EU's vision of State sovereignty is becoming a significant element in the development of the international legal order.

A Tribute to Stephen Feinstein: Teacher, Researcher, Friend, Colleague, and Remarkable Human Being

A Tribute to Stephen Feinstein: Teacher, Researcher, Friend, Colleague, and Remarkable Human Being

インフォームド・コンセント成立の背景について

The backgrounds of informed consent in the history are described with a special reference to human experimentation, clinical trials and physicians' morality and ethical codes. The first informed consent might be one by a Japanese surgeon Hanaoka Seishu (1760-1835), which included information of diagnosis, condition, and immunity to him in case of incidence. During the extensive development in medicine from the nineteenth to twentieth century, a number of inhumane experimentations were carried out in vulnerable subjects. Then, movement against cruel human experiments emerged, and headed toward establishment of human rights. The current concept of informed consent was introduced in 1900 by the Prussian government. In 1931, Reich Minister of the Interior issued the Guidelines for New Therapy and Human Experimentation, which included almost all informed consent rules in a current sense. However, these guidelines could not stop the abuse of people in medical research by doctors. After World War 2, the Nuremberg Code and Helsinki declaration have established the current form of informed consent. However, even this final form of informed consent could not stop the abuse of research subjects by doctors as exemplified by the Taskegee syphilis study, Willowbrook hepatitis trials and the Gelsinger case in the Pennsylvania University. We must remind ourselves the history of informed consent, which tells us that even the finest form of informed consent rule can be jeopardized easily by doctors resulting in the abuse of research subjects.

Spanish Dominicans, the Laws of the Indies, and the Establishment of Human Rights

(1993). Spanish Dominicans, the Laws of the Indies, and the Establishment of Human Rights. Romance Quarterly: Vol. 40, Spain and the New World Part 1, pp. 89-96.

Human Rights Review of Intrusive Behavioral Treatments for Students with Severe Handicaps

A rationale for the establishment of human rights review procedures within local educational agencies is presented. School personnel who work with students served under P.L. 94–142 who have severe behavior problems with or without mental retardation should be familiar with the legal and educational foundations for human rights review processes, especially when intrusive behavioral treatments are considered.