Fundamental Freedoms Research Articles

Role of NGOs in Protecting the Rights of Indigenous Under ILO

The indigenous and people suffer serious abuses of their human rights throughout the world. They experience heavy pressure on their lands from being logged, mining, roads, conservation, construction of dams, agribusiness etc. Many countries have worked towards protecting their rights and preventing its abuse. The laws meant for protecting their human rights are often violated and sometimes they are found to be inadequate to prevent the abuse of rights of tribes. Many countries laws are inconsistent with the international human rights law too. The International Labour Organization has developed agreements and mechanisms to address the core problems of these people. These agreements are binding on the states which ratify them. The issues of tribes and indigenous people addressed by the ILO have resulted in jurisprudence recognizing their rights. This also include the rights of indigenous and tribes on par with protection of their lands, territories, resources traditionally occupied and right to a healthy environment; protection of cultural sites of religious significance; protection of cultural and physical integrity; participation in decisions that affect them and use their own cultural, social and political institutions; to be free from discrimination and to equal protection of the law. In implementing any of such laws for protection of human rights of indigenous and tribal people the international institutions like ILO and United Nation rely on the information given by NGOs and groups. They work for protecting of their human rights and fundamental freedoms. This paper analyses the role of ILO in protecting the rights of indigenous and tribes. It summarizes the role of NGOs in international standard setting which is a prerequisite for protecting the rights of indigenous and tribes.

Reforming the structure and models of privatization

The article is devoted to the monitoring of the economic situation in Ukraine, the activities of control bodies and the coverage of approaches to reforming the ownership structure based on privatization processes. The analysis of the situation occurring in the field of privatization characterizes their complexity, which is caused by the state of war and instability in the state, the spread of illegal possession of state property and other destabilizing factors used by the structures of the aggressor country to achieve their own goals. The need for further localization of shadow privatization schemes is determined by the growth of the share of foreign capital in strategic sectors of the economy and in critical infrastructure facilities, which is one of the greatest modern threats to the economic sphere of Ukraine, which is dangerous for the economic independence of Ukraine. In the framework of stabilization privatization, the need to take into account not only national legislation, but also international norms, in particular the provisions of the OECD Declaration «On International Investments and Multinational Enterprises», which deals with the national regime, conflicting requirements for corporations and international investments, which should be applied in current conditions and in the post- war period of Ukraine. In this regard, it is worth defining a state body that will competently and competently manage Russian assets that are subject to sanctions and that will be transferred by partner countries after they are unfrozen for the restoration of our state according to the standards of sovereign funds or national welfare funds. Post-war privatization should contain an evolutionary basis and attention to national assets, especially in basic industries and relatively non-renewable resources that belong to the citizens of Ukraine. Thus, a clear balance is necessary between the needs of the country in the person of its institutions and the rights and freedoms of a person and a citizen, which are guaranteed and narrowing of their content is not allowed when adopting new laws or making changes to existing laws. It is worth preserving the foundations of Article 41 of the Constitution of Ukraine, which stipulates that everyone has the right to own, use and dispose of their property, and no one can be unlawfully deprived of the right to property, which is inviolable and guaranteed by Article 1 of the «First Protocol to the Convention on the Protection of Human Rights and fundamental freedoms». Thus, the design of the future privatization should also take into account the elements of the historical privatization part, which began with the recognition of Ukraine’s independence and is regulated by the provisions of the Decree of the President of Ukraine «On the procedure for allocating lands transferred to collective ownership to agricultural enterprises and organizations» dated August 8, 1995 No. 720, which are still in force today remain relevant in view of today’s challenges (focusing on threats to food security) and sometimes require the intervention of regulatory and law enforcement agencies, since without the past there is no future.

Legality of restrictions on the right to freedom of movement in the conditions of armed conflict

The article examines the legitimate conditions for limiting the right to freedom of movement as established by international standards. It was determined that the Universal Declaration of Human Rights contains universal conditions for limiting all rights, without singling out freedom of movement. However, the act establishes general principles such as the exclusivity of restriction terms, formal certainty, and completeness of the list of restriction goals. Later documents supplemented these conditions with the social necessity of the restriction and the proportionality of the means of restriction with their legitimate goals. In the International Covenant on Civil and Political Rights and in Protocol No. 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the legitimate purposes of restricting freedom of movement were separately defined. These include the protection of national security, public order, the health or morals of the population, the rights and freedoms of other persons, and the prevention of crimes. These limitations are exhaustive, and national legislation should not go beyond them. The author analyzed the conditions for admissibility of restricting the right to freedom of movement under normal and emergency conditions. It was concluded that general requirements apply to the restriction of the right to freedom of movement during a state of emergency (armed conflict), as well as to restrictions under normal conditions. These requirements include prohibitions of destruction and excessive restriction that would be contrary to international human rights standards, as well as encroachment on the essential content of the right to freedom of movement. The criteria for the admissibility of restrictions on the right to freedom of movement, such as legality, necessity, and legitimacy of the purpose of the restriction, should also be applied. However, under extraordinary conditions, such as a state of emergency, there are increased demands. The right to derogate from international human rights obligations is possible in the presence or imminence of public danger within the limits corresponding to the severity of the situation and according to the procedure of official and public notification. Characteristic signs of restriction of the right to freedom of movement in the conditions of an emergency are their massive but temporary nature.

Formation and development of the idea of guaranteeing human and civil rights and freedoms in the theoretical and legal heritage of Ukraine

The article is devoted to the analysis of historical development and formation of the ideas of guaranteeing human and civil rights and freedoms in the context of the theoretical and legal heritage of Ukraine. The author examines the key stages of the evolution of legal ideas, from ancient times to the present, noting the influence of different historical periods on the formation of the modern concept of human rights. Knowledge of the historical experience and theoretical foundations of human rights guarantees helps to formulate strategies and policies that can ensure real protection of fundamental rights and freedoms in conditions when they are threatened by external aggression and internal challenges. The article focuses on the importance of developing a natural law concept based on the principles of freedom, equality and justice, which are considered fundamental to understanding human rights. A special place in the analysis is occupied by the study of the Lithuanian Statute, Magdeburg Lawand the role of polemical works in the development of legal consciousness. The authors point to the multifaceted approaches to the study of human rights, their origin, content and relationship with the state, emphasising the importance of democratic regimes in the consolidation and enforcement of rights and freedoms. The conclusions emphasise that the notion of human rights as natural and primary is crucial for the development of Ukrainian political and legal thought, which contributed to the formation of the rule of law and civil society in Ukraine. In the context of post-war reconstruction, the authors emphasise the critical importance of respecting and ensuring human rights and freedoms as a basis for the restoration and development of a democratic society. Democratic regimes that uphold the principles of freedom, equality and justice are key to the effective reconstruction and stabilisation of society. The adoption of international human rights standards and their integration into national policies will be key to successful post-war reconstruction, while laying a solid foundation for Ukraine’s future development.

Decriminalisation of Section 377,IPC: Reforming Laws on Same-Sex Relationships in India

The presence of Section 377 within the Indian Penal Code has long been a contentious issue, rooted in colonial-era legislation that fails to align with contemporary societal norms and values. Originating from the Victorian Buggery Act of 1533, it was transplanted into the IPC in 1860, reflecting a punitive stance towards acts deemed to contravene the perceived natural order, including consensual homosexual relations. This antiquated provision, while ostensibly aimed at regulating sexual conduct, has instead perpetuated discrimination and marginalization against the LGBTQ (Lesbian, Gay, Bisexual, Transgender, Queer) community. Despite progressive legal developments, such as the landmark Naz Foundation vs. Govt. of NCR Delhi case in 2009, which decriminalized same-sex relations, systemic barriers persist. Article 14, 15, and 21 of the Indian Constitution, guaranteeing equality before the law, prohibition of discrimination, and protection of life and personal liberty, respectively, stand in stark contradiction to the continued enforcement of Section 377. Furthermore, the Supreme Court's ruling in 2018, recognizing the rights and dignity of LGBTQ individuals, underscored the imperative for legislative reform. However, substantive legal changes are essential to address broader issues facing the LGBTQ community, including marriage equality, adoption rights, and inheritance. Despite these challenges, there is growing momentum towards reform, driven by a recognition of the fundamental rights and freedoms that all citizens, regardless of sexual orientation or gender identity, are entitled to. Efforts to dismantle discriminatory laws and foster a more inclusive legal framework are not merely matters of legality, but also of human rights and social justice. Therefore, the imperative lies in fostering legislative and societal change that ensures equal treatment and opportunities for all members of society, irrespective of sexual orientation or gender identity.

International legal framework of education for human rights

International legal framework of education for human rights

Freedom of movement: problems of correlation of public-law and private-law approaches

The author of the article examines the essence and nature of freedom of movement as an institution that embodies the idea of freedom in law. She proves that in the Constitution of Ukraine and in the norms of public law in general, freedom of movement is declared as a fundamental freedom of a person and a citizen. The specific content of freedom of movement is revealed through a number of subjective rights, which are defined in the norms of public law. These are the following rights: the right of a person to free and unhindered movement within the territory of Ukraine; the right to leave Ukraine; the right to unimpeded return of a citizen of Ukraine to Ukraine; the right to freely choose the place of residence/stay. At the same time, the Constitution of Ukraine declares the right to freely leave the territory of Ukraine, but the provisions of the special law do not mention "free" departure from the territory of Ukraine, and therefore the special law somewhat narrows the limits of freedom of movement. In contrast to public law, in the norms of private law (in the Civil Code of Ukraine), the right to freedom of movement is enshrined as a subjective civil right, but not a fundamental freedom. The content of this right includes the possibility of free movement on the territory of Ukraine and the right to leave the territory of Ukraine and return (citizens of Ukraine) to Ukraine without hindrance. According to the norms of civil legislation, the right to freedom of movement also includes the ability to freely choose a place of residence, but this applies only to a minor. The author proves the fallacy of this approach and substantiates the conclusions that, firstly, the right to freely choose a place of residence cannot exist without the right to a place of residence; secondly, the possibility to freely choose the place of residence/residence should be included in the content of the right to freedom of movement.

Problematic aspects of the implementation of artificial intelligence in the field of jurisprudence

The article is devoted to highlighting problematic aspects of the implementation of artificial intelligence in the field of jurisprudence, in particular, in certain branches of law. Due to the rapid development of neural network capabilities, artificial intelligence is a tool for quickly completing tasks and processing information in various spheres of society, including in jurisprudence. Therefore, for a comprehensive analysis, it is necessary to identify problem areas for the implementation of such a phenomenon. It is noted that today there is no unified approach to defining the concept of artificial intelligence. The authors provide several definitions of this concept for the most complete understanding of the essence of artificial intelligence. The legislation does not contain a normative legal act dedicated to the issue of the essence and procedure for using artificial intelligence, which gives rise to such dilemmas. Despite the widespread use of artificial intelligence capabilities among citizens, there is a lack of interest, funding and development of educational methods for the effective use of artificial intelligence in professional activities on the part of government authorities. It is also stated that the introduction of artificial intelligence into professional activities requires staffing with specialists who can service the software. The problems of introducing artificial intelligence in the field of legal proceedings are analyzed. The use of artificial intelligence by courts risks undermining the autonomy of courts and the independence of judges. Artificial intelligence is not able to comprehensively evaluate evidence and make decisions based on moral standards. The issues of transparency of courts, guaranteeing fundamental human rights and freedoms, and software reliability remain open. The legal status of artificial intelligence in civil law is considered. Since artificial intelligence is capable of creating a work, questions remain regarding the protection of copyrights using artificial intelligence and legal liability in case of copyright infringement. A debatable and controversial topic is the definition of artificial intelligence as a subject or object in a civil legal relationship. It has been determined that the introduction of artificial intelligence in criminal proceedings can become a factor in increasing cyber attacks on the neural network with the aim of stealing, destroying, and making data public.

Theoretical and practical dimensions of legal responsibility in criminal justice

The present academic paper is devoted to analyzing the current challenges in the field of criminal law and justice, with a special emphasis on the development of universal standards of criminal prosecution. The primary purpose of the research is to identify the key aspects and challenges faced by modern criminal justice systems in the context of their adaptation to globalization processes and international standards. Legal responsibility is the cornerstone of national criminal justice, reflecting a set of legal principles that define the boundaries of permissible behavior and establish legal consequences for violating them. Legal responsibility in the context of international criminal justice reflects the globalization of legal norms and the interaction of international and national legal systems. The principles of fair trial enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter - the Convention) are an integral part of criminal justice in the member states of the Convention. The basic principles of fair trial relating to criminal prosecution are defined in Article 6 of the Convention. Challenges related to implementing the principles of justice and legality in the international context as well as opportunities for improving the mechanisms of international cooperation in this area actualize the prospects for further studies in this direction. Particular attention is paid to the analysis of various legal traditions and approaches to justice that influence the formation of universal standards of criminal justice. A deeper study of the specifics of national systems and their impact on the formation of universal legal norms is important in order to create a more harmonious and fair international justice.

Indigenous Peoples in French Guiana: will France ever recognize their right to self-determination, land, territory, biodiversity and Free, Prior and Informed Consent?

French Guiana, located in South America, hosts over 10,000 Indigenous Peoples, principally the Kali’na Tileuyu, Lokono and Pahikweneh, Wayãpi, Teko and Wayana people. Despite making up around 4% of the total population, Indigenous Peoples in French Guiana continue to face systematic challenges in being able to fully enjoy their human rights and rights as Indigenous Peoples. As an overseas territory of France, French Guiana falls under the governance of France and is fully integrated as an overseas department, separate from other overseas territories such as New Caledonia. This full integration has classified Indigenous Peoples as French People, making it not only difficult to get estimates of the actual number of Indigenous Peoples in French Guiana as the French Constitution prohibits ethnic statistics, but also prevent the ability of Indigenous Peoples to obtain their right to self-determination and control over their own land as provided in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Therefore, this paper will discuss the violations of the UN Declaration on the Rights of Indigenous Peoples committed by France that hinders their attainment to their fundamental freedoms and basic human rights. To do so, this paper will firstly begin by discussing the implementation of the UNDRIP in French Guiana in reference to several articles. In explaining the various articles, it will demonstrate how the French government’s recent actions continue to lead to the destruction of Indigenous territories and threaten their survival. Moreover, this paper will focus on articles 3, 10, 25, 29 which pertain to the right to self-determination, the right to land and territories, and the right to protect biodiversity. These rights alongside the right to Free, Prior and Informed Consent (FPIC) should allow Indigenous Peoples to exercise control over decisions that essentially affect not only their way of life but also their existence, particularly considering the history of Indigenous Peoples that have frequently been the “first victims of development activities.”

Factors Driving Exclusion and Discrimination of Elmolo in Kenya: A Case of El Molo in Turkana County

The indigenous peoples in Kenya face a huge hurdle in protecting their fundamental rights and freedoms due to lack recognition as distinct groups with specific needs, cultures, and ways of life. This study sought to address to identify and map the El-Molo community in Turkana County, documenting varying levels of marginalization among different demographics and understanding the structure through which the community coordinates and advocates for their rights and development. The study focused on 1,104 El Molo residents in Kalokol, Longech, and Kapua, and utilized a descriptive research design. The researcher employed key informant interviews as well as Focus Group Discussions to collect primary data. To ensure the reliability of the findings, a triangulation of methods was utilized, including interviews with local chiefs, ministry officials, and representatives of faith-based organizations in Central Turkana. During public Baraza and FGD, a checklist was used to guide the discussions. The El-Molo community, the smallest ethnic group in Kenya, is at risk of losing their distinct identity through intermarriage and the adoption of Western practices from neighbouring tribes. Without intervention, their traditional food, clothing, housing, and cultural practices will disappear. Therefore, it is crucial to expose the community to methods of preserving their heritage, including material culture, music, and dance

RELATIVITY OR NOT OF THE CONSTITUTIONAL RIGHT TO SILENCE

This Article brings out specific and deepened approach to the right to silence, examining the hypothesis according to which the aforementioned constitutional and fundamental right would be relative or not. With the aim of scrutinizing the right to silence, based on an investigative stimulus provoked by a concrete situation resulting from a court decision, the present study starts from the analysis of the idea of ​​complementarity and interdisciplinarity between Public Law and Private Law, as well as among varied branches of law. This is because the right to silence itself, better explored in the second chapter, depending on interpretations and theoretical developments, can gravitate and transit, sometimes more, sometimes less, along with Public and Private Laws. And because the right to silence is, at the same time, another right to freedom found in the 1988 Brazilian Constitution, its specific research in this article is preceded by directed evaluation of other fundamental freedoms, such as the expression of thought, among others developed in the text. Finally, considering the analytical-deductive methodology used, supported by theories, legislation, legal norms and current concrete decisional examples, this research revisits classical themes, but strengthens and innovates them with a peculiar and specific epistemological and hermeneutic exercise.

Current Issues of Improving Proceedings in Cases of Administrative Offenses in the Context of Compliance with International Standards of Human Rights and Freedoms

The article examines the case-law of the European Court of Human Rights on the recognition of inconsistency of the procedure for consideration by Ukrainian courts of certain categories of administrative offenses with the basic provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of 04.11.1950. Based on the analysis of the ECHR judgment "Bantysh and Others v. Ukraine", the provisions of the Code of Ukraine on Administrative Offenses, the Law of Ukraine "On the Public Prosecutor's Office", and draft laws No. 10002 of 05.09.2023 and No. 10002-1 of 22.09.2023 on amendments to the current legislation of Ukraine on improving the proceedings in cases of administrative offenses, the author proves that the requirements of the European Court of Human Rights do not comply with the recommendations of the governing bodies of the European Union regarding the status of the public prosecutor's office in the system of law enforcement agencies, which may cause certain legal conflicts and problems with the application of the legislation on administrative offenses by the judicial authorities of Ukraine. Based on the results of the research, it is proposed to introduce changes to the current legislation of Ukraine in order to improve the status of the prosecutor in the proceedings in cases of administrative offenses and to determine the range of subjects authorized to represent the prosecution in relevant cases.

Equality between citizens. language as criterion of discrimination

Equality is a trivalent constitutional principle. It can be regarded both as a general principle of rights, as a fundamental right and as an additional guarantee for the exercise of fundamental rights, freedoms and duties. Respect for the principle of equality for all persons irrespective of race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, wealth or social origin excludes discrimination and is a catalyst for human dignity. Non-discrimination is a basic rule in human rights law and a resonance of the principle of equality. All relevant international human rights treaties and declarations contain references to discrimination. In national domestic legislation, especially at constitutional level, equality between citizens and discrimination also feature prominently. Language discrimination is based on one of the criteria for discrimination laid down in the constitutional norm: the criterion “language”.

Ethical aspects of the right to privacy in the 21st century: European consensus in the interpretation of the European Court of Human Rights

In the present article, we aim to elucidate concepts that do not directly stem from the content of legal sciences but have a strong impact on how the authors of the act of justice assess phenomena in 21st-century society. The relevance of the theme and the arguments presented in the article largely stem from the content of the judgments of the European Court of Human Rights after 2000. We have repeatedly found that it is precisely this regional jurisdictional body’s task to conceptualize and develop general principles of law in the field of fundamental rights and freedoms. In this context, the interpretations of the Court in Strasbourg invoking ethical aspects, in our view, are particularly interesting, when cases involving allegations by the claimants regarding violations of the right to privacy come before it, under Article 8 of the Convention for the Protect

The Right To Respect For Private And Family Life For Individuals Sentenced To Life Imprisonment Aligns With The European Court Of Human Rights Practice Concerning Ukraine: Conditions Of Legal Limitation And Classification Of Violations

The Right To Respect For Private And Family Life For Individuals Sentenced To Life Imprisonment Aligns With The European Court Of Human Rights Practice Concerning Ukraine: Conditions Of Legal Limitation And Classification Of Violations

International Human Rights Law: Enforcement Mechanisms and Challenges in a Globalized World

The abstract provides an overview of international human rights law, examining its enforcement mechanisms and the challenges it faces in an increasingly interconnected and globalized world. the evolution of human rights law, the role of international organizations, and the complexities of ensuring compliance and accountability in diverse cultural, political, and legal contexts. International human rights law serves as a cornerstone of the global legal framework, promoting fundamental rights and freedoms for all individuals regardless of nationality, ethnicity, religion, or social status. The abstract delves into the origins of human rights law, tracing its development from the Universal Declaration of Human Rights to various international treaties, conventions, and customary norms.

Tendencias de las quejas ante el Defensor del Pueblo en Angola: análisis a partir de informes de actividad

Since the appearance of the Ombudsman in the Angolan legal system, through Article 142 of the Constitutional Law of 1992, and the election of the first Ombudsman in 2005, Angolans have had an independent administrative authority responsible for defending the fundamental rights and freedoms of citizens. The complaint to the Ombudsman represents an administrative guarantee for individuals to claim their rights and protect their legitimate interests in the face of an act or omission by the Public Administration that violates or threatens them. The aim of this article is to analyse trends in complaints to the Ombudsman, based on his activity reports for the years 2011, 2014, 2018 and 2022. This is an exploratory and documentary study, which analysed sociodemographic variables, the subject of the complaint, the institution targeted and the solution given. The interpretative or hermeneutic method was also used in the interpretation of legislative texts. The results point to an increasing number of complaints to the Ombudsman, mostly made by citizens of Luanda, with a predominance of males, with the most targeted institutions being central state administration bodies, and filing as the most recurrent solution. The conclusion is that there is an annual increase in the number of complaints, although this does not reflect the diversity of the more than thirty million inhabitants. On the other hand, the slowness of responses and the population's unfamiliarity with the role of this authority can be pointed to as reasons for the low level of adherence.

Human Information Rights in Digital Space: To the 75th Anniversary of the Universal Declaration of Human Rights

An important milestone in the development of the institute of human rights is the adoption in 1948 of the Universal Declaration of Human Rights, which for the first time in history comprehensively enshrined the basic human rights and freedoms, taking into account the natural, political and social needs and interests of the person (individual). The adoption of this very document declared the man, his fundamental rights and freedoms to be the main value. The international community sought to cover all possible spheres of public relations (public and private) that are necessary for a person to function normally, consolidating basic rights and freedoms. It is impossible to deny the importance of this international legal act for the «human family» and each individual. At the same time, we may state that this document was adopted three quarters of a century ago and it does not fully reflect reality, does not take into account the dynamics of the development of public relations, in particular, does not define human rights in the emerging information society, in particular the digital space. After all, even the approach to individualization and identification of the person himself is changing, digital profiles of citizens appear, digital passports and other identification documents are issued, moreover, «cybermen» appear — individuals with subcutaneously implanted microchips (capsules) with NFC technologies (Near Field Communication), containing information, in particular, about personal and banking data.

Compatibilty of Albanian Legislation with European Union – Eu Legislation

EU membership would be an event with a great impact on Albanian society, on the functioning of institutions, on the economic economy and on the well-being of the people, which being a great driving force would give a variety of positive results. The desire to have the rule of law, the rule of law, the protection of fundamental rights and freedoms, the economy, the state and well-being, which are seen as distinct elements for the member states of the European Union, are a strong driving force, as a way out this EU membership for the realization of the essential factors. They should aim for membership in the European Union, we should align their domestic legislation with the legislation of the European Union and implement it effectively. The obligation of the Republic of Albania for the approximation of its legislation with the EU acquis derives from the Stabilization and Association Agreement EU - Albania, which was signed on 12 June 2006 and entered into force on 1 April 2009. Article 70 of the SAA - For Albania, it would like to ensure that its existing laws and future legislation gradually go hand in hand with the EU acquis. This approximation started on the date of signing the SAA and will be gradually extended to all elements of the EU acquis required by this Agreement within a transitional period of up to 10 years, divided into two phases. During the first phase of the transitional period (which has manifested itself with the entry into force of the SAA) the approximation focused on the essential elements of the Internal Market acquis, during the second phases of Albania, to become a remaining part of the acquis. Received: 25 December 2023 / Accepted: 25 February 2024 / Published: 23 April 2024