Fundamental Freedoms Research Articles

Human Rights in Nepal's Democracy: Achieving Best Practices

This article outlines the status of human rights practices and provisions within Nepal, a democratic nation where democracy, progress, and the rule of law are interconnected with the preservation of human rights and fundamental freedoms. Nepal, as a democracy, ensures the protection of human rights for its citizens. Over the past few decades, significant strides have been made in enhancing these practices and provisions, particularly in granting rights to marginalized groups as per the 2015 Constitution. However, despite these advancements, the Nepalese government has consistently overlooked recommendations from the Commission to investigate and prosecute human rights violations, as mandated by the Constitution. There is a need for the Nepalese government to prioritize the human rights movement, which faces numerous challenges from activities that contradict the principles of the constitution, democratic norms, and the Universal Declaration of Human Rights. The paper highlights progress in human rights provisions and practices, alongside suggestions to actively ratify the Rome Statute to enhance Nepal's international reputation.

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.

The Tightrope of Individual Liberties amid Pakistan’s Counter-Terrorism Agenda

This doctrinal research article explores the nuances, pitfalls, and opportunities within this intricate landscape. This doctrinal research delves into the intricate balance between individual liberties and Pakistan's counter-terrorism agenda, navigating the complex terrain where security imperatives intersect with fundamental rights. As Pakistan grapples with persistent security threats from terrorism, its response has often entailed the implementation of stringent measures aimed at thwarting terrorist activities and ensuring public safety. However, these measures have raised concerns about their impact on civil liberties, including freedoms of expression, association, and privacy. Drawing upon legal frameworks, policy documents, and judicial precedents, this research critically examines the evolving landscape of counter-terrorism laws and practices in Pakistan and their implications for individual liberties. It scrutinizes the compatibility of counter-terrorism measures with constitutional guarantees and international human rights standards, assessing the extent to which security imperatives have encroached upon fundamental rights and freedoms. Furthermore, this research explores the role of judicial oversight, executive discretion, and legislative reforms in reconciling the tension between security concerns and individual liberties within Pakistan's legal framework. It analyses landmark court decisions, legislative enactments, and government policies to elucidate the legal and institutional mechanisms aimed at safeguarding individual liberties while countering terrorism effectively. Moreover, this research situates Pakistan's counter-terrorism efforts within the broader context of regional security dynamics, highlighting the interconnectedness of domestic security challenges with regional conflicts, geopolitical rivalries, and transnational terrorist networks. It underscores the importance of regional cooperation, information sharing, and diplomatic engagement in addressing common security threats while respecting individual liberties across borders. By critically examining the tightrope walk between individual liberties and Pakistan's counter-terrorism agenda, this research contributes to a nuanced understanding of the challenges and trade-offs inherent in balancing security imperatives with respect for fundamental rights.

The Rise of Islamophobia in India: Violation of Human Rights and Fundamental Freedom of Indian Muslims

This article examines Islamophobia in India and its impact on the human rights and basic liberties of Indian Muslims. Islamophobia is a new form of racism that has grown out of xenophobia, negative profiling, and stereotyping of Muslims. This article focuses upon the current state of Islamophobia, basic liberties, hate speech, discrimination, and violence against Muslims. These acts of prejudice, animosity, and violence against Muslim communities are major infringements on their human rights and a violation of their religious freedom. The BJP has been promoting a number of evil anti-Muslim policies, including discriminatory citizenship laws, the lynching of Muslims on suspicion of consuming or transporting beef and a ban on communal prayers. We conclude that the institutionalisation of Islamophobia through new laws and policies have a negative impact on Muslims’ human rights and religious freedom in India. Similarly, the media in India also promotes Islamophobia.

Experience of foreign countries in ensuring procedural guarantees of the rights of participants in criminal proceedings

The fundamental rights, freedoms and legitimate interests of a person, being subject to the greatest restrictions during criminal proceedings, are guaranteed by the existence of substantive and procedural rules in the legislation aimed at protecting, defending and implementing procedural guarantees of participants in criminal proceedings. The dynamics of social, political, economic and legal life, the social mentality of today, as well as convergence processes determine the adaptation of national criminal procedure legislation to International law. However, the issues of adaptation of national legislation to the provisions of foreign legislation in terms of guaranteeing each participant in criminal proceedings the protection, defence and realisation of their rights, freedoms and legitimate interests in accordance with international standards remain controversial. At the same time, there are a number of gaps and inconsistencies in the provisions of the criminal procedure legislation, the gradual elimination of which will allow Ukraine to reach the international level as a state that guarantees each participant in criminal proceedings the protection, defence and exercise of their rights, freedoms and legitimate interests in accordance with European standards, as well as reduce the number of applications to the European Court of Human Rights. Based on the results of the study, and on the basis of a selective analysis of foreign experience of certain countries, the article identifies the existing problematic issues related to the guarantee of the rights of participants to criminal proceedings, and also formulates proposals for improving criminal procedure legislation in this area, using international experience. The problematic areas of guaranteeing the rights of participants to criminal proceedings include the legal status of individual participants to criminal proceedings, compensation for damages, and the use of procedural terminology. In order to improve and bring the criminal procedure legislation of Ukraine closer to international standards in terms of protection, safeguarding and realisation of the rights, freedoms and legitimate interests of participants in criminal proceedings, the following proposals have been presented: to establish a unit, body or organisation for the protection of the rights, freedoms and legitimate interests of witnesses with the development of appropriate programmes for their protection; to introduce the use of separate procedural terminology; to develop a procedure for granting and exercising the right to free legal aid to victims, civilians as well as the procedure for compensation for damage caused by a criminal offence.

Reasonable accommodation and interdependence: revisiting the dynamics of disability inclusion in higher education in India

ABSTRACT The principle of reasonable accommodation according to Article 2 of the UNCRPD is defined as ‘necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms’. Exploring the relationship between inclusive policies enacted in institutions of higher education in India, and their impact on those who claim accommodation, we discuss the nature of care that informs and animates such interactions. Drawing on feminist disability studies scholarship on care, particularly, Akemi Nishida’s recommendation that care is inherently collective we analyse two sets of transactions selected for study as enabling care in patronizing and charitable manners, while simultaneously ignoring the politics of responding to and providing accommodations. We find that institutional responses to accommodation claims are less reflective of the socio-political and affective aspects integral to the RA principle. Instead, the focus seems to be on providing either technocratic solutions or interpreting RA claims as causing undue burden. By reading the RA principle through the lens of scholarship on interdependence, we aim to broaden the scope of adopting and interpreting the RA principle.

Postulat posiłkowego stosowania zasad prawa karnego a odpowiedzialność z tytułu administracyjnych kar pieniężnych

The article focuses on the problem of liability for administrative fines, taking into account elements of a subjectivising nature of administrative liability to demonstrate the possibility of subsidiary application of criminal law provisions by public administration bodies. Through the analysis of the case law of the Supreme Administrative Court, selected Regional Administrative Courts, the Constitutional Tribunal, as well as the European Court of Human Rights, it is shown that the problem of measuring and imposing administrative fines on the basis of the provisions of substantive administrative law and Section IVa of the Code of Administrative Procedure requires a much broader analysis than any conducted thus far. Due to the legislator’s failure to guarantee the correct scope of legal protection that would include demonstrating the circumstances that are also of a subjective nature, obliged entities have been deprived of numerous legal guarantees provided not only in Article 42(2) of the Constitution of the Republic of Poland but also in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The analysis of the nature of administrative fines proves that the current regulations of Section IVa of the Code of Administrative Procedure require significant reform, in particular, to guarantee the absence of arbitrary imposition and execution of administrative sanctionsby public administration bodies. Verifying the judgments from the point of view of taking into account the subsidiary application of the provisions of criminal law has made it possible to present a discussion on the nature of administrative liability, which is first and foremost of significance in terms of implementing the obligations of the State Party to the ECHR within the framework of taking into account subjective circumstances, but also in terms of the application of the ne bis in idem principle in the situation of concurrence of criminal and administrative liability. With this in mind, a de lege ferenda postulate is to amend the provisions of Section IVa of the Code of Administrative Procedure by including in its scope additional legal guarantees of obliged entities while taking into account the principle of legalism in its broadest sense.

INSTITUTE OF ENSURING THE RIGHTS AND INTERESTS OF THE INDIVIDUAL IN THE FIELD OF CRIMINAL PROCEEDINGS (MONITORING THE LEGISLATION OF THE CIS COUNTRIES)Kairat Eslyamkalievich Ismagulov

The authors examined the issues of ensuring the rights and interests of individuals in the field of criminal proceedings both in the Republic of Kazakhstan and in other countries of the Commonwealth of Independent States (hereinafter referred to as the CIS). The protection of fundamental human rights and freedoms is a universal principle, since these values are subject to priority protection in all spheres of public and state life. Man, his rights and freedoms occupy a central place and dominate over all other humanitarian values. The protection of human rights and freedoms acquires particular socio-political importance in the field of criminal proceedings, that is, where law enforcement agencies have the capabilities of state coercion, allowing them to invade the sphere of personal interests and significantly limit them. The legal policy of the Republic of Kazakhstan has already solved a number of important tasks to improve criminal procedural legislation. Since 2015, a new Code of Criminal Procedure (hereinafter referred to as the Code of Criminal Procedure) has been in force, which has introduced many innovations to simplify, speed up, reduce investigative and judicial procedures, streamline and differentiate the procedural powers of persons conducting criminal proceedings, strengthen the status of the defense party, as well as ensure the rights and legitimate interests of all persons participating in criminal proceedings. In addition, new legal institutions, proceedings and norms have been introduced that bring the criminal process closer to successfully tested models for the investigation of criminal offenses and the administration of justice. Along with this, most legislative decisions, when tested by law enforcement practice, showed their weak (insufficient) effectiveness, inconsistency with the established provisions of the theory of criminal procedure law, the absence in law enforcement practice and in the theory of criminal proceedings of unified conceptual approaches to the volume, form, mechanisms and the limits of implementation of the constitutional principle of competition in regulating various legal relations in the area under consideration.

Systematic Analysis of the use of Innovative Approaches in Operational and Investigative Activities: The Republic of Azerbaijan Case

The new conditions of law enforcement, technological and digital evolution have had a significant impact on the emergence of new approaches to investigation. The goal of this article is to systematically investigate the application of innovative approaches to investigative activities, taking into account the experience of the Republic of Azerbaijan. The author used the content analysis of the legislative framework and professional scientific literature, which made it possible to summarise the existing traditions of applying innovations in other countries and compare them with the Azerbaijani practice using the systematisation method. The results of the study indicate that due to the deep integration of digital technologies into operational and investigative activities, a problem has arisen with respect to the legal framework for preserving the fundamental rights and freedoms of citizens. Achieving justice in this matter is an important option, for the implementation of which there is a need to use European standards. Adherence to this vector allows preserving the democratic nature of operational and investigative procedures. The article also establishes that the main innovative methods of organising operational and investigative activities in the Republic of Azerbaijan are the use of information technologies with a view to increasing the efficiency of detecting unlawful acts and combating crime. The conclusions also emphasise that international cooperation in the field of law also allows for effective detective operations through cooperation with neighbouring countries and other EU countries.

Абсолютные права и свободы: некоторые проблемы правовой регламентации

The article analyzes scientific opinions on the absolute nature of the fundamental rights and freedoms of human and citizen. The result of the analysis is the conclusion that the basis for distinguishing the constitutional rights and freedoms of human and citizen from absolute and relative rights and freedoms is the legal possibility of restricting them. The norms of the Constitution of the Russian Federation and federal constitutional and federal laws governing restrictions on human and civil rights and freedoms in a state of emergency, martial law, and counter-terrorism operation are being investigated. As a result, constitutional personal rights and freedoms of a person and a citizen with signs of an absolute nature are determined. The right to free economic activity (part 1 of article 34) and the right to housing (part 1 of article 40) of the Constitution of the Russian Federation are economic and may be limited in exceptional cases.

Evropska regulacija zaštite podataka na internetu

The right to privacy is particularly threatened by the emergence of new information technologies. In a time characterized by the processing of huge amounts of various data, the so-called “era of big data”, personal data is treated as the most important resource. The Internet has made it possible to access data that can be misused. Recognizing the dangers that the Internet brings with it, the members of the European Union have undertaken a number of important activities with the aim of protecting the rights of Internet u1sers and providing them with security on the networks. This paper presents the provisions and principles of protection of personal data and privacy on the Internet contained in the European Convention for the Protection of Human Rights and Fundamental Freedoms, Directive 95/46, the Charter of the European Union on Fundamental Rights, Directive 2002/58, Directive 2016/680 and General regulation on data protection. Conventions, regulations and directives are reviewed to determine to what extent the European Union has succeeded in its intention to find adequate legal regulation of data protection on the Internet.

Regulatory Analysis of Government Compliance in Mexico

This research work aims to identify the origin, concept and scope of government compliance. It also seeks to locate the history of regulation of corporate and governmental conduct. Finally, an analysis of the various government compliance instruments introduced in the Mexican legal system is carried out. Based on the above, the conclusions obtained will be presented. This research work obtains its justification in the duty of vigilance in charge of every administrator as he is obliged to introduce measures aimed at preventing the risks to which his activity is exposed in order to avoid, control and, where appropriate, compensate for the damages perpetrated against human rights, fundamental freedoms, so it is not simply a matter of obtaining a compliant opinion but of actually preventing the generation of a risk and therefore avoiding damage and inspiring confidence by fostering a good organizational reputation. In its daily work, the Public Administration is exposed to a variety of risks, which means introducing a set of processes within the scope of its own structure to guarantee respect for behavioral rules. Government compliance encompasses the adoption of a series of provisions that impose respect for objectives of general interest that range from the fight against corruption, child labor, terrorism, environmental protection, etc. Government compliance, as a means of controlling the actions of public entities, imposes structural commitments on public administrators such as the establishment of a cartography of systemic risks, the implementation of a behavioral code, which is why they are mechanisms of obtaining results and satisfying the objectives set or that are inherent to their public function. It is then about assuming and respecting values aimed at preserving the state's heritage, its organizational reputation and thereby providing credibility to public institutions, whether in the face of those individuals, their associates or the national states with whom they have entered into or intend to formalize alliances.

АNALYZING THE COPENHAGEN CRITERIA AND REFORMS IN THE CONTEXT OF TURKEY’S ASPIRATION FOR EU MEMBERSHIP

This study provides a scholarly overview of Turkey's political landscape , especially in the context of its aspirations for European Union (EU) membership and its commitment to the Copenhagen Criteria. The article describes the historical trajectory of Turkey's Westernization efforts, dating back to the period of Tanzimat and thereforms of Ataturk. The author emphasizes that EU membership is a strategic imperative for Turkey.The author highlights the path of Turkey's reforms since 2001, paying special attention to significant achievements in the field of human rights and fundamental freedoms, which are a constant reason for rejecting Turkey's application for membership. However, the author highlig hts the continuing problems, in particular restrictions on freedom of expression and assembly, exacerbated by Turkey's withdrawal from international conventions (Istanbul Convention) protecting marginalized groups, especially women affected by gender-based violenc e . Emphasizing the urgent need to address these issues, this article highlights the path of the Republic of Turkey towards concerted efforts by domestic and international stakeholders to strengthe n democratic principles and protect human rights in a changing political environment. The article presents a scientific discourse aimed at promoting a detailed understanding of the trajectory of Turkey's accession to the EU and its broader implications for democratic governance and huma n rights in the region. For a more detailed study of the issue under study, government reporting documents were used: the Report of the Bureau of Democracy, Human Rights andFreedom of the United States and the Report of Turkey on the fulfillment of criteria

Some issues of compulsory vaccination of adults.

Legal regulation, whether we want it or not, plays a role in protecting and promoting individual and public health. This also applies to legislation involving vaccination, especially compulsory vaccination. It is appropriate that legislation should not create barriers to the provision of health care. Where there is legal ambiguity, problems can arise that make the provision of health care more difficult, as we have seen, for example, in the context of the COVID pandemic. Furthermore, in the case of compulsory vaccination, there is a conflict between fundamental rights and freedoms. On the one hand, the right to the protection of personal freedom and bodily integrity, and on the other, the right to life and health. Most compulsory vaccinations concern children. As far as adult vaccination is concerned, this mainly includes compulsory vaccination of medical and social staff caring for patients and operating at biological risk, as well as patient groups also at risk of serious infectious disease. For these reasons, it is essential that the legislation is such that it does not impose a burden where it is not necessary and, on the contrary, allows for optimal protection of persons at biological risk.

Comparative Analysis of Jurisprudence on Interventions to the Right to Property Through Taxation: The Constitutional Court of Türki˙ye and European Court of Human Right

Fundamental rights and freedoms of individuals are guaranteed in both constitutions and international treaties. One of the most important treaties protecting fundamental rights and freedoms is the European Convention on Human Rights (ECHR). Türkiye, which adopts a monist understanding, is one of the countries that are party to the ECHR. Since it was founded in 1959, Türkiye has been one of the three countries that are subject to the most judgments by the European Court of Human Rights (ECtHR). In order to make this bad record better and to protect fundamental rights and freedoms more effectively, the individual application mechanism to the Constitutional Court has been entered into force in Türkiye since 2012. This paper argues whether the case law of the Constitutional Court of the Republic of Türkiye, which is necessary to reduce the applications made to the ECtHR against Türkiye and the violation decisions given by the ECtHR, is compatible with the case law of the ECtHR. The paper analyses the right to property, which is one of the most related rights to taxes, and focuses only on tax interventions to this right. The right to property is important not only because it is directly related to taxes, but also because it is the second most violated right among the violation decisions made by the ECtHR against Türkiye between 1959-2022, after the right to a fair trial. The methodology employed is based on a comparative jurisprudential analysis of the Constitutional Court of the Republic of Türkiye and ECtHR. In this way, the similarities and differences between the way the two courts dealt with the cases in the interventions to the right to property through taxes can be analyzed. As a result, it is understood that both Courts treat the right to property in the same way, but the Turkish Constitutional Court adopts a stricter and more protective interpretation than the European Court of Human Rights in terms of legality criteria.

Compromise in multilateral negotiations and the global regulation of artificial intelligence

ABSTRACT As artificial intelligence (AI) technologies spread worldwide, international discussions have increasingly focused on their consequences for democracy, human rights, fundamental freedoms, security, and economic and social development. In this context, UNESCO’s Recommendation on the Ethics of Artificial Intelligence, adopted in November 2021, has emerged as the first global normative framework for AI development and deployment. The intense negotiations of every detail of the document brought forth numerous controversies among UNESCO member states. Drawing on a unique set of primary sources, including written positions and recorded deliberations, this article explains the achievement of global compromise on AI regulation despite the multiplicity of UNESCO member-state positions representing a variety of liberal and sovereignist preferences. Building upon Boltanski’s pragmatic sociology, it conceptualizes the practice of multilateral negotiations and attributes the multilateral fragile agreements to two embedded therein compromises: Structural normative hybridity and situated normative ambiguity allowed to accomplish a compromise by linking macro-normative structures with situated debates of multilateral negotiations.

Exploring the Intersection of Pancasila and Human Rights in Indonesian Law

This research aims to explore the intersection of Pancasila and human rights in Indonesian law . The research investigates how Pancasila, as the foundational philosophy of Indonesia, can be aligned with the principles of human rights as enshrined in internationalhuman rights instruments . Methode The research methodology includes a comprehensive analysis of relevant Indonesian laws, constitutional provisions, and international human rights standards. The research also utilizes a comparative approach, examining how other countries have integrated their national philosophies with human rights principles .The findings of this research highlight the potential harmonization between Pancasila and human rights principles in Indonesian law . By recognizing the fundamental values of Pancasila, such as social justice, unity, and religious freedom, Indonesian law can uphold and protect human rights forall individuals within the country.Through the alignment of Pancasila with international human rights standards, Indonesia can ensure that its legal framework promotes and protects the fundamental rights and freedoms of all. Implication for Student research provides a unique opportunity to engage in critical thinking and analysis of the ethical and legal frameworks that shape their country. By delving into case studies and legislative decisions, students can develop a nuanced understanding of how Pancasila influences the interpretation and application of human rights laws, thereby fostering a more informed and empowered citizenry.

Temporary Protection Status Practices in the Context of Human Rights in Türkiye and European Union

Migration and refugees are among the most important and complex problems of today's world, deeply affecting the international community. Civil unrest and violence, especially in the Middle East, have led to the displacement of millions of people. Most of these displaced people have sought refuge in neighboring countries and Europe. However, this situation has led to many legal status debates and human rights violations. Türkiye stands out with the number of asylum seekers it has hosted and the policies it has pursued in this process. Syrians who have sought refuge in Türkiye since 2011 are under "Temporary Protection Status". However, while temporary protection status should be temporary in duration, when it evolves into a permanent temporary status, various uncertainties arise regarding the social cohesion of the protected persons and the standard of living befitting human dignity. Although temporary protection status was historically developed in European Union (EU) law, the Temporary Protection Directive adopted in 2001 was never activated until the Ukrainian crisis in 2022. In this context, the attitudes and practices of the EU towards asylum-seekers from different countries, such as Syrian and Ukrainian asylum-seekers, are also compared in terms of temporary protection status. Temporary protection status is recognized as an important mechanism in the human rights context and the international community needs to do more to protect the fundamental rights and freedoms of protected persons. The compliance of temporary protection policies with human rights standards and their effective implementation are considered as critical steps to protect the dignity of protected persons and guarantee their human rights. In this study, a review article was conducted from a legal perspective by analyzing the current situation of temporary protection status implemented in Türkiye and the EU through a literature review. The examination of temporary protection status only in the context of Türkiye and the EU constitutes the limitation of the study. This study aims to contribute to theoretical debates by evaluating temporary protection status in international law, its implementation in Türkiye, and EU asylum policies from a human rights perspective.

Presence of Inmates with Mental Health Problems in Detention and Correctional Centers in the Republic of Kosovo.

Conventions adopted by the United Nations and Council of Europe pay special importance to the treatment of prisoners with mental health problems. Their treatment is close-ly related to respect for human dignity, and the prohibition of torture, cruel and degrading treatment or punishment. The Eu-ropean Court of Human Rights, in many cases, has ruled that the detention of a mentally-ill person can raise issues under Ar-ticle 3 of the European Convention on Human Rights and that the lack of adequate medical care can result in treatment in con-travention of this article. The Republic of Kosovo is not a mem-ber of the United Nations and Council of Europe. However, it has incorporated in its Constitution a number of Conven-tions adopted by the United Nations and Council of Europe. Also, Kosovo has adopted a legal framework which prohibits torture, cruel and degrading treatment or punishment in ac-cordance with the international human rights standards. The Constitution also provides that human rights and fundamen-tal freedoms guaranteed by the Constitution shall be interpret-ed in accordance with the case law of the European Court of Human Rights. Review of Ombudsperson's, Committee for the Prevention of Torture, Prison Health Department of Kosovo Ministry of Health reports, as well as reports of the NGOs in Kosovo.

The Public-Private Divide in the Age of Identity Politics

Abstract This article examines the impact of identity politics on the traditional liberal distinction between public and private spheres, arguing that critical theories associated with identity politics have significantly blurred these boundaries. This blurring is largely due to the portrayal of equality as a non-negotiable value by proponents of identity politics, who are prepared to limit fundamental freedoms to uphold it. Utilizing Francis Fukuyama’s distinction between “lived experience” and “shared experience,” the article proposes a reinterpretation of the anti-discrimination principle aimed at cultivating shared liberal citizenship. It scrutinizes decisions by Supreme Courts around the globe concerning the denial of wedding cake services to gay couples as a case study. These legal battles exemplify how cultural disputes are reshaping the public-private divide and highlight the need for principles that can justly reconcile freedom and equality in an era marked by intense cultural wars and deepening political division. The article suggests several principles that could assist courts in mitigating the political tensions inherent in cases fueled by cultural conflicts.