Guarantee Of Human Rights Research Articles

Human Rights System Guidelines on the Benefit from Scientific Progress in Access to Medicines

Abstract Health innovation and research has become an economic and profitable activity. Market practices have exposed inequalities, scarcities and inequities in access to treatments and have significantly reduced the decision-making power of governments in the field of public health. Documentary research on the human right (HR) to health (Art. 12) and its interrelationship with the right to benefit from scientific progress (Art. 15, b) of the International Covenant on Economic, Social and Cultural Rights (CESCR) on access to medicines in three bodies of the UN system - the ICESCR Monitoring Committee (CESCR), the Human Rights Council (HRC) and World Health Organisation - over the last 10 years. The documents address three main topics. Market: marketing restrictions, price controls and using flexibility in pharmaceutical patents to reduce costs and produce generics. Innovation: patent protection without barriers to access to medicines for people in need. Health system interventions: giving priority to economic efficiency and sustainability by institutionalising health technology assessment, selecting essential medicines, developing clinical guidelines and integrating and linking regulatory agencies. These normative guidelines minimise the ethical, political and legal dimensions of the human right to enjoy scientific progress in access to medicines as a priority value that should guide public and private action, and emphasise technocratic and financial measures that seek to reconcile the liberal and social logic of the ICESCR. Key messages • In order to maximise the guarantee of human rights in access to medicines, economic and financial considerations should play only a residual role in human rights. • To give countries greater decision-making power at the global health, the scope of the right to benefit from scientific progress and its applications in health care needs to be expanded.

The principle of legality and sustainable development goals (SDGs): Impact and practices in UAE constitution

The principle of legality constitutes one of the basic principles of the government’s rule of law, and as a result, it has been recognized as one of the most essential guarantees of human rights. The goals of sustainable development have a strong link with the principle of legality, and achievements in accomplishing a goal can frequently contribute to the accomplishment of other goals in addition. The United Arab Emirates’ constitutional framework, regulations, and rules, along with the goals for sustainable development (SDGs), were profoundly affected by the principle of legality. The method in which international standards and laws have been integrated into the UAE’s national legal framework provides definitive proof of this effect. The research concluded that all published and unofficial legal regulations have to be respected in order for public authorities to use within the limits of the principle of legality. These involve adhering to the standards of positive legitimacy and the fundamental regulations the community agrees on.

Legal Horizons of the New Artificial Intelligence Paradigm

Modern society is undergoing a structural transformation of the world economy. This is as a result of the transition to a new technological base through the introduction of artificial intelligence, cutting-edge information and communication technology, energy technology, biotechnology and nanotechnology. Artificial intelligence has the ability to significantly change the economy and social relations in society, and its newly discovered capabilities are transformational and global in nature. At the same time, the extraordinary capabilities of artificial intelligence technologies involve risks that can threaten stability and undermine human values. In order to eliminate possible threats and risks and mitigate potential dangers, it is crucial to develop systemic legal measures and ways to regulate AI technologies and models on a national and international scale and to define the legal status of AI, which must include protection of humans from the uncontrolled influence of AI and the inviolability of guarantees of human rights and freedoms. With this in mind, and in order to mitigate potential dangers and ensure the controllability and sustainability of AI technologies based on the concept of trusted (responsible) AI, it is necessary to agree on universal international guidelines for the development and application of AI technologies and models. Furthermore, it is necessary to create a universal code of conduct for AI developers, who together can create a basis for a uniform framework of legal regulation within the national legislation of each country on the principles of human rights protection, privacy and data protection, transparency and explainability, fairness, accountability and safety of artificial intelligence, adequate human oversight and ethical standards for the creation and application of AI models.

خاستگاه مفهوم حقوق بشر در اسناد بین‌المللی با توجه به سیاست اقدامات بشردوستانه

In the contemporary era, one of the fundamental values is the issue of human rights, and there is a persistent conflict between theory and practice regarding this matter. In the international environment, where states have both friendly and hostile relations with each other, a question arises: what is the origin of the concept of human rights in international documents concerning the humanitarian policies of states? It appears that humanitarian actions are in conflict with the principle of state sovereignty, and there is a predominantly political approach towards humanitarian interventions. The importance and necessity of this matter are based on the fact that states, according to the provisions of the United Nations Charter, possess sovereignty that is not easily violated by other states. However, since the defense and guarantee of human rights are largely the responsibility of major powers, they have always utilized this principle to maintain their dominance and secure their national interests. The current research employs an analytical-descriptive method, gathering information through library resources, scientific journals, and credible articles. The findings of the research indicate that powerful states today justify their interventions by amplifying human rights and humanitarian issues, thereby facilitating their extensive, pervasive, and permanent interventions.

Interpersonal violence against people with intellectual disabilities in São Paulo, Brazil: characteristics of victims, perpetrators and referrals

IntroductionInterpersonal violence is a phenomenon that can occur with different people and conditions. However, people with intellectual disabilities have increased vulnerability to this problem, with potential risks to their health and well-being. The aim of this study was to identify the sociodemographic characteristics of people with disabilities who have been victims of interpersonal violence, the profile of the perpetrators and the measures taken after the victims have been cared for.MethodsThis is an exploratory, descriptive, cross-sectional study using the Interpersonal Violence Notification Forms entered into the Brazilian Ministry of Health’s Notifiable Diseases Information System. The city of São Paulo was chosen as the setting because it is the largest city in Latin America and has a faster data processing system than other cities. The period covered notifications made between 2016 and 2022. The information was collected between October and November 2023 and a univariate statistical analysis was carried out. Fisher’s exact test was used, with a significance level of 5% (α = 0.05).ResultsThere were 4,603 notifications against people with intellectual disabilities in the period. The forms of physical violence, neglect/abandonment and psychological/moral violence were more frequent in the 15–19 age group, while sexual violence was more frequent in the 10–14 age group (p < 0.001). The sex most often attacked was female in all the forms investigated (p < 0.001) and the skin colors of the most victimized people were black and/or brown, except in cases of neglect/abandonment (p = 0.058). Most of the victims had little schooling (p = 0.012). The aggressions were committed by one person (p < 0.001), known or related to the victim, such as mother or father, except in cases of sexual violence, where strangers were the main perpetrators (p < 0.001). The sex of the perpetrator was male, except in cases of neglect and/or abandonment (p < 0.001), and the age was between 25 and 29 (p = 0.004). In cases of sexual violence, rape was the most frequent and the procedures carried out were blood collection followed by prophylaxis for Sexually Transmitted Infections (STIs) were the main procedures carried out by health professionals (p = 0.004). The majority of referrals made after receiving care were to the health and social assistance network, with few referrals to bodies such as the human rights reference center, guardianship council and police stations (p < 0.001).ConclusionPeople with intellectual disabilities are highly vulnerable to the forms of violence studied, especially children and adolescents, black or brown, with low levels of education. The perpetrators are usually close people, male and older than the victims. The referrals made by health professionals did not prioritize the victim’s safety and the guarantee of human rights. Lines of care for the health of victims of violence should be implemented, taking into account special aspects, such as people with intellectual disabilities, whose search for help can be difficult.

Penggunaan Kembali Istilah Organisasi Papua Merdeka (OPM) Oleh TNI: Analisis Alasan dan Hubungannya dengan Prinsip Negara Hukum

The purpose of this article is to explore the reasons behind the TNI's change of name from KST or KKB to OPM, as well as the relevant principles of the rule of law. The TNI Commander issued a decree on this matter based on acts of terror and violations of human rights committed by the group in the Papua region, which have threatened national security. One of the principles of the rule of law owned by the State of Indonesia is the guarantee of human rights by law. The Indonesian government wants to resolve this conflict not only through a military approach, but also with economic, educational, health, and political approaches. The name change has raised public concerns about an increase in military operations that could harm civilians because there is no guarantee of protection from weapons activities that might occur. In addition, this name change is only carried out by the TNI alone and needs support from many parties.

Police custody: preventive or coercive police measure

Police custody: preventive or coercive police measure

Use of electronic search systems in the investigation of corruption crimes in Ukraine: opportunities and challenges for human rights

The purpose of the article is to study the use of electronic search systems during the investigation of corruption crimes in the context of the balance of interests of criminal justice and ensuring guarantees of human rights and freedoms. Methodology. In the process of scientific research, the following methods were used: dialectical, logical, dogmatic, monographic, systemic and structural, comparative and legal, sociological, legal modelling. Research results. It was established that in accordance with the developed and tested methods investigators use various information systems when investigating on corruption crimes; the content and features of these schemes were studied. International documents establishing the limits of the possible use of artificial intelligence in criminal proceedings were considered. The decisions of the ECtHR on the need for a balanced approach to interference with privacy and delimitation of such interference, were studied. Practical implementation. The ways to achieve a balance of the interests of the parties in the criminal procedural legislation of European countries were investigated in order to implement their positive experience in Ukraine. Value/originality. The principles, on which the process of regulating the use of electronic search systems, databases, algorithms and artificial intelligence in the criminal procedural legislation of Ukraine should be based, are proposed.

Democratic Transition or Autocratic Adjustment? Constitutional Amendments in Kazakhstan and Uzbekistan in 2022–2023

Central Asian states have recently implemented significant constitutional reforms. In the case of the authoritarian republics of Kazakhstan and Uzbekistan, the nature of the constitutional amendments, introduced in 2022 and 2023, respectively, is hard to accurately assess. On the one hand, they are a step towards democratization and strengthened guarantees of human rights and freedoms; on the other, they reinforce the current undemocratic government mechanisms. This article discusses the most recent constitutional reforms in both countries, distinguishing three main areas of change: ideology, social issues, and governance mechanisms. It is argued that these reforms generally fall within the paradigm of authoritarian constitutionalism and are an adjustment of the countries’ constitutions to the current needs of their undemocratic presidents.

Comparative analysis of models of special legal regimes

The author deepens the knowledge about the models of special legal regimes and their historical and philosophical basis. The author highlights the genesis and characteristics of the models of special legal regimes: classical, «state of siege» and «marital law», which are the basis of national legal systems of modern states. The author identifies the common and distinctive features of the «state of siege» of the Romano-Germanic legal family and the «marital law» of the Anglo-Saxon legal family. The author establishes that the models of all special legal regimes are aimed at protecting the public interest and legitimate restriction of human rights and freedoms in emergency circumstances. The author points out that respect for the rule of law and legal procedures is an important characteristic of the «state of siege» which provides for specific constitutional regulation of extraordinary powers of the authorities, while «marital law» is included in the general legal order with enhanced control of the judicial branch. It is proved that a common unifying feature of these regimes is that they all recognize the fiduciary obligations of the State to protect such values as the constitutional order, sovereignty, territorial integrity, life and health of the population, and environmental safety. Both models are characterized by attention to the need to justify and proportionality of human rights restrictions. The author further develops the position that the fiduciary basis of relations between a person and the State when enacting special legal regimes is directly determined by the range of legal guarantees which the State undertakes to introduce and observe both at the international and national levels. At the same time, it is proved that none of the proposed models offers effective and universal measures to ensure human rights in the event of an emergency. The author establishes that the key difference between the «state of siege» and «marital law» models lies in different approaches to the consolidation and implementation of legal guarantees of human rights in the course of special legal order.

A Study on the Constitutional Meaning of the Right to Pursue Happiness in Intelligence Information Society

The meaning of happiness in human life depends on what each individual thinks of as happiness and what one pursues due to differences in personalities and values. An important value and ideology of modern constitution is the guarantee of human rights to ensure that all human beings can live the life they want. Therefore, the meaning of the right to pursue happiness can be seen as very important not only at the time of the modern human rights declaration, but also in modern society, where technological breakthroughs and artificial intelligence are emerging at ever-higher rates.&#x0D; The role of law is also very important in an intelligent information society, and it is also necessary to find out what fundamental rights the state should protect more actively through the interpretation and guidelines of the Constitution and include the necessary legislative direction or outline in the constitutional amendment. It is crucial to prepare for risks caused by the emergence of new technologies and the development of an intelligent information society, to protect the fundamental rights and safety of the people, and to review constitutional countermeasures. If successful, it may be possible to establish a normative framework for pursuing safe and sustainable development and human happiness.

Treatment of women's prisons in Maranhão

Considering the growing relevance of the female prison scenario in Brazil, this research aims to analyze the treatment of female detainees in the country's penitentiaries, in order to assess its impact on social reintegration and the guarantee of human rights. The significant increase in the female prison population and the need to understand and improve detention conditions motivate the research, which seeks to answer: How are women treated in Brazilian prisons and how does this influence their social reintegration and respect for human rights? The research will use a bibliographic and documentary review, analyzing academic materials, relevant case law and national legal frameworks. Consultation of various databases, such as BDTD, Google Scholar and FGV's virtual library, will contribute to achieving the proposed objectives. Thus, the general objective of the research is to analyze the treatment of inmates in Brazilian women's prisons, assessing its repercussions on social reintegration and the guarantee of human rights. It concludes that social reintegration, conceived as a comprehensive process that transcends mere physical freedom, is faced with obstacles ranging from poor prison conditions to the lack of effective resocialization programs. The lack of educational and work opportunities, combined with social stigmas, intensify the challenges faced by inmates when trying to reintegrate into society. The guarantee of human rights, a fundamental and inalienable principle, is often compromised in women's prisons. The research highlighted the urgent need for public policies that ensure the dignity, integrity and basic rights of inmates, promoting conditions conducive to true resocialization.

Regulations on Conditions for Foreigners’ Housing Ownership in Vietnam: Inadequacies and Possible Solutions

In Vietnam, the concept of “settling down, having a good career” becomes an important goal of each individual. It means having a stable place to live can be guaranteed when you get a job. Therefore, home ownership becomes a basic human right. In the current integration trend, when the opening to trade between countries around the world is deepening, the demand for house ownership is not only limited to Vietnamese citizens, but also to foreigners. Vietnam has also recognized the problem of foreigners owning houses in Vietnam, but there are still restrictions on the number of houses, the area of houses owned and other issues. Currently, the Government is implementing a policy to attract investment in housing in order to exploit the development potential of this field in Vietnam as well as to solve the outstanding housing problem and expand the housing market. Therefore, the issue of foreigners’ home ownership becomes an important concern and is one of the research subjects to implement this policy.The article presents the provisions of Vietnamese law, international law on home ownership rights of foreign individuals and organizations in Vietnam, as well as conditions for foreign individuals and organizations to own housing in Vietnam, a guarantee of human rights. In addition, the article also points out to the shortcomings of the national legal regulation, thus making some recommendations to overcome the difficulties of the real estate market and housing development in Vietnam.

Information Security as an Element of the Personal Constitutional Status

The article is devoted to the identification and their correlation of such legal concepts as “constitutional and legal status of a person” and “information security of a person”. The article is focused on the main factors affecting the constitutional and legal status of a person, which include political and economic conflicts, the crisis of international law, the widespread use of new technologies, including information and communication technologies. In order to identify the nature of the relationship between the constitutional and legal status and information security of a person, the author analyzes the content of the concept of “information security of a person”, “digital security of a person”, “cybersecurity of a person”. Under the information security of a person, which is much more comprehensive than digital security, the author understands the achievement of personal security along with the guarantees of realization of rights, freedoms and legitimate interests related to information. It argues that the information security is connected not only with ensuring the right to information, but also with a whole range of constitutional rights, in particular, with such ones: 1) the openness and reliability of information about the activities of all public authorities; 2) obtaining information that needs to exercise other constitutional rights (the right to access to cultural values, the right to health protection, etc.); 3) information related to a person&amp;apos;s identity, personal data; rights realized in the digital space by information and communication technologies. The author studies the provisions of the National Security Strategy of the Russian Federation and the Information Security Doctrine of the Russian Federation, which has showed that the rightful content of the information security of a person is to protect human rights and freedoms and relevant legitimate interests. The article concludes that personal information security cannot be recognized as a new human right. It is an element of the constitutional and legal status and refers to the guarantees of human rights and freedoms.

Análise das políticas de Segurança Alimentar e Nutricional nos países da Comunidade dos Países de Língua Portuguesa

Public Policies are essential for the guarantee of Human Rights, such as the Human Right to Adequate Food (DHAA), which refers to an individual having access to food with quality, quantity and safety to meet their needs. To this end, Food and Nutritional Security (FNS) is involved in this process, which concerns a safe and continuous diet, which respects the stages of a person’s life and which is sustainable and permanent. The objective of this article is to present the main Public Policies for Food and Nutrition Security of the countries that make up the Community of Portuguese Speaking Countries (CPLP). An exploratory and qualitative documentary research was carried out to collect data on Public FNS Policies in CPLP countries. Data were collected from public archives, official documents, books, scientific articles, reports and legislation of the countries that make up this community. Among the FNS policies found, it is clear that there are weaknesses in the legitimacy of the DHAA in these countries and that some policies to strengthen and support FNS are outdated or incomplete, such as in the context of food acquisition, food and nutrition education and income transfer. Therefore, this work shows that there is a need for these CPLP Member States to improve and develop effective and equitable public policies that guarantee the Human Right to Adequate Food and Food and Nutrition Security for the population.

Ensuring information security of Ukraine in the conditions of modern challenges and threats from the Russian Federation

The article examines the issue of ensuring information security of Ukraine in the conditions of modern challenges and threats from the Russian Federation. It is noted that the stability of the functioning of institutions of public authority, the preservation of law and order is a necessary prerequisite for the observance of human rights. In the conditions of technological development, ensuring information security is one of the most important guarantees of human rights. The basis of such guarantees is the observance of the principles of confidentiality, integrity and availability of information and information systems. In order to ensure the information security of the individual, special legal frameworks for the protection of the right to the inviolability of private life are being developed, as well as additional mechanisms for its protection related to the establishment of specific requirements in the field of collection and processing of personal information. In order to ensure national security and information security of the state as one of its components, the most important guarantee of human rights is the observance of the principle of proportionality when restricting them. Most states have responded to the threats to national security that have grown recently by expanding the authorities' powers to access, collect and process personal information, which are now not limited to any particular categories of information. At the same time, approaches to ensuring the proportionality of measures taken to ensure national security may also differ in different states. It is emphasized that the actions of modern terrorists go beyond elementary humanitarian principles (in this context, we can talk about the Russian Federation as the most dangerous terrorist of the modern period of human development). There is contempt for the basics of humanity. In the conditions of such a struggle, it is difficult to call for respect for human rights, to apply this message to those who completely ignore it. Almost every day, state institutions, mass media, critical infrastructure objects, and the life support system are exposed to powerful cyber attacks using advanced information technologies. All this is part of a coordinated informational aggression against Ukraine. It was concluded that special attention should be paid to the tasks of protecting the relevant resources of the executive authorities, including the Ministry of Foreign Affairs of Ukraine. It is necessary to constantly improve the measures taken for this purpose, to establish day-to-day control of the execution of relevant assignments of the Cabinet of Ministers of Ukraine. It is emphasized that in the conditions of geopolitical instability and transformation of the world order, modern cyber­attacks, which are characterized by non-standard methods, methods and means of their perpetration, require, at the legislative level, prompt work to prevent and prevent a destructive impact on domestic information resources and the information infrastructure of the public and private sector.

Perspectives on the quality of interpreting and the role of interpreters working in asylum seeking contexts in Spain

The professionalisation of interpreters in legal settings is currently gaining momentum in Spain due to the EU Directives on procedural rights. To this one may add the longstanding humanitarian crisis, which has raised awareness on interpreting quality amongst a number of NGOs and other agencies that deal with asylum seekers. At present, interpreters are hired by private service providers on the basis of the languages needed or those that are available, and there is no requirement as to their training. In this paper I analyse the perception of the quality of interpreting services and of the role of the interpreter from a number of perspectives, including those of NGO’s agents (legal advisors, social workers, psychologists) and of lawyers involved in such processes following descriptive research methods. I then discuss existing perceptions about interpreters by different professionals intervening in the asylum procedure, in an attempt to obtain a valid, data driven picture of interpreting in the asylum seeking context in Spain. Such information will hopefully serve to fill the void in the professional development of interpreters as an essential part of asylum processes and, most importantly, as a guarantee of human rights. It will also contribute to raising awareness amongst the professionals whose work is done with the assistance of interpreters.

The Supreme Council of Justice and the institutional mechanism for ensuring human rights

The article emphasizes that granting Ukraine the status of a candidate for the European Union imposes on the state, among other things, obligations related to judicial reform. Attention is drawn to the conclusion of the European Commission on 7 requirements, the fulfillment of which should be evidence that Ukraine is ready to continue its path in the EU. Attention is focused on the Supreme Council of Justice, the question of its legal status is revealed.&#x0D; It is noted that the rights and freedoms of a person and a citizen are a complex phenomenon. It is a mistake to reduce their provision exclusively to legal influence in the field of human rights, or legal regulation or protection of human rights. The structural elements of the human rights enforcement mechanism are the mechanism of legal influence in the field of human rights, the mechanism of legal regulation in the field of human rights, the regulatory and legal basis of human rights, the system of guarantees of human rights, and the system of protection of human rights.&#x0D; Attention is drawn to the peculiarities of the institutional mechanism for ensuring human rights in Ukraine. Its structural elements are considered.&#x0D; It is noted that the Supreme Council of Justice is a collegial, independent constitutional body of state power and judicial governance. Attention is drawn to the powers of the High Council of Justice, which are enshrined in Art. 3 of the Law of Ukraine "On the High Council of Justice". It is argued that the Supreme Council of Justice is a structural element of the institutional mechanism for ensuring human rights in Ukraine. The place of the High Council of Justice in this mechanism is determined, as well as its influence on the effectiveness of the judiciary in Ukraine.

Contribution of Hersch Lauterpacht to the Development of International Protection of Human Rights

The article is devoted to Hersch Lauterpacht's contribution to the development of the concept of international protection of human rights and international human rights law in general. The study analyzes relevant norms of international law and scientific works of Hersch Lauterpacht; considerable attention is paid to the reviews of leading scientists on Hersch Lauterpacht's books "An International Bill of the Rights of Man" published in 1945 and "International Law and Human Rights" in 1950. The purpose of the article is to, based on the analysis of Hersch Lauterpacht's scientific works, investigate his contribution to the development of the concept of international protection of human rights. Both general (dialectical and systemic-structural) and special (historical-legal, comparative-legal and formal-dogmatic) scientific methods were used in the research. The article defines the prerequisites for Hersch Lauterpacht's choice of international human rights protection as his scientific interest, explores the peculiarities of the scientific environment within which Hersch Lauterpacht developed the concept of international human rights protection, outlines the main doctrinal approaches to the control mechanism of human rights protection. Particular attention is paid to the progressiveness of Hersch Lauterpacht's concept of international control over the observance of human rights and obstacles to its establishment at the universal level. On the basis of the conducted research, the conclusion was formulated that Hersch Lauterpacht, among a number of scientists of the middle of the 20th century who developed the concepts of international legal regulations of human rights, most thoroughly, after investigating the genesis of the formation of human rights and using natural law approaches, proposed a model of effective international protection of human rights. Hersch Lauterpacht's views on the need for real guarantees of human rights at the universal level, rather than a simple declaration, were quite advanced and far ahead of their time. To a certain extent, they can be perceived as idealistic since even today, the achievement of the same universal international standard of guaranteeing human rights (especially economic, social and cultural) is improbable.

Chapter 36-1 of the CPC of Ukraine as a ground for closing criminal proceedings

The emergence of a new ground for closing criminal proceedings in the current Code of Criminal Procedure of Ukraine – in connection with the decriminalization of an act committed by a person – has caused ambiguous assessments by scholars. The application of the new procedure in judicial practice necessitates a thorough scientific study of the problem in order to prevent violations of the law. The purpose of the study was to determine the practical feasibility of the adopted amendments for pre-trial investigation and court proceedings. To achieve this goal, the following methods were used: dialectical, systemic and structural, comparative legal, formal and logical, and modelling. The study describes the actions of participants in criminal proceedings at the stage of pre-trial investigation and in court during consideration of the said procedure. The author compares the new procedure with other existing special investigative procedures and emphasizes their differences. The author calls into question whether the legislator has singled out this procedure as a type of special procedure. The author comes to the conclusion that the subject under study is an exclusively improved basis for closing criminal proceedings or further continuation of their consideration, depending on the right of the defence to close or continue the proceedings in court. The author analyses the court practice of application of this criminal procedural institute. Attention is focused on the need for investigators, prosecutors, and judges to take into account the requirements of the new grounds for closing criminal proceedings and to prevent violations of the law, since during its consideration the suspect and the accused are granted an additional alternative right to agree or disagree with the closure of proceedings, which is a guarantee of human rights and freedoms. The author's conclusion that it is inappropriate for the legislator to classify the procedure for closing proceedings as a separate type of special procedure is justified by haste and lack of appropriate scientific research. The study provides the basis for improving the methodology of procedural actions of the prosecution during the closure of criminal proceedings and may be used by the legislator for further regulation of the criminal proceedings' procedure