Institutionalization Of Human Rights Research Articles

The military ombudsman as an institutional guarantee for the protection of military personnel rights (based on foreign experience)

The article draws attention to the fact that today, in the conditions of Russian aggression, the state of compliance with the rights of domestic servicemen has significantly deteriorated, which requires the improvement of the constitutional and legal tools for their protection. The foreign experience of developed democratic countries in solving the problem of effectively ensuring the rights of the military through the introduction of specialized ombudsmen in the affairs of the armed forces is analyzed. The legal nature of military ombudsmen as specialized human rights institutions that have proven themselves positively in a number of states, the history of their introduction, and the positive consequences of their functioning are studied. Considerable attention in the work is devoted to the models of specialized ombudsmen in the affairs of the armed forces: a) regarding their legislative recognition and regulation of legal status (at the level of the country’s constitution, law or by-law); b) places in the structure of state power (parliamentary and executive); c) models that are structurally part of the armed forces; are not part of the armed forces, but are authorized to deal exclusively with military issues and ombudsmen of general competence, in which the function of protecting the rights of military personnel is provided for by law; d) individual ombudsmen and collegial ombudsman services; e) various models of ombudsmen in the affairs of the armed forces, depending on the scope and specificity of their powers. It was concluded that for Ukraine in the conditions of war, the introduction of the institute of the military ombudsman is not just timely, it is extremely necessary. The emergence of this institution, on the one hand, will complement the existing means of protecting the constitutional rights and freedoms of the military, on the other hand, it will contribute to the maintenance of their faith in justice, which will generally neutralize the wary attitude of military personnel towards the authorities, and mitigate conflicts between the state, its bodies, and the military. The military ombudsman, exercising his supervisory and human rights powers, will not only contribute to the effective protection of the rights of the military, but also mitigate the contradictions between the state and civil spheres, promote the democratization of the national military sphere, which under his influence should become more responsive to needs and requests of military personnel, which will ultimately guarantee the “democratization” of the military bureaucracy, which, thanks to his activities, will show more attention, sympathy and concern for military personnel.

Comparative legal analysis of the Ombudsman institution of Kazakhstan and Turkey for compliance with international documents

The purpose of the article is to comparatively reveal the structure and activity of the ombudsman institute in Kazakhstan and Turkey and evaluate it in terms of international standards. In this context, the compliance of the ombudsman institutions of the two countries with the international documents, which regulate the status of national human rights institutions, was studied. The normative basis of their duties and powers, and international standards, will be examined, and if there are any shortcomings, they will be identified and recommendations will be made on what to do to improve them. In order to protect human rights and freedoms, the importance of the ombudsman institution in the society and its place in the state legal system was analyzed. Additionally, the status of the ombudsman institution, the order of creation and appointment to the position was studied. The requirements and duties of the ombudsmen of the two countries were shown. It was also determined that the norms of the internal legislation of the two states regarding the institution of ombudsman correspond to the principles of Paris and Vienna. In this context, proposals were made to improve internal legislation. To conduct scientific research work, the national laws were studied such as “On the Commissioner for Human Rights of the Republic of Kazakhstan” dated November 5, 2022 and the Law “On the Ombudsman Institute” of Turkey dated June 29, 2012. Result of the research work, some inconsistencies were obtained with international standards in the laws governing the activities of the ombudsman institution.

Prosecutor’s Offices and Government Bodies of the Russian Federation as Subjects of Legal Relations in the field of Protection of Human and Civil Rights

Russian government institutions carrying out human rights and law enforcement activities strictly adhere to the norms and standards that are reflected both in international law and in the Constitution of the Russian Federation. The Prosecutor’s Office of the Russian Federation, as a subject of legal relations, representing a key supervisory body of state power, plays a fundamental role in the implementation of activities aimed at protecting human and civil rights. However, in a developed democratic and rule-of-law state, the scope of human rights protection affects various branches of law and economic spheres. That is why the implementation of supervision and human rights activities by the prosecutor’s office of the Russian Federation without interaction with other government bodies of the Russian Federation, which also act as subjects of legal relations, seems to be a difficult process to implement. The very interaction between the prosecutor’s office and government bodies demonstrates not only the high level of development of human rights institutions in the country, but also points to the fact that the interaction process itself needs both legislative improvement and the consolidation of its individual provisions.

Transnational Human Rights Violations: Addressing the Evolution of Globalized Repression through National Human Rights Institutions

Abstract Transnational Human Rights Violations (THRV) are infringements of individual rights that originate outside the jurisdiction in which they take effect. Ranging from violent and criminal forms of transnational repression through to coercion against targets’ family members abroad, digital surveillance, and legal intimidation, THRVs today generate widespread and systemic constraints on the exercise of human rights in jurisdictions around the world. At present, however, targets of THRVs typically find few avenues through which to raise complaints, receive assistance or pursue redress. This article proposes a new domestic institutional mechanism to directly address this situation. It first examines the mutually reinforcing, additive effects of transnational surveillance, coercion and censorship in the digital era. Next, it identifies relevant human rights standards showing state responsibilities to monitor and counter THRVs within their jurisdiction, and the growing recognition of additive, systemic effects of THRVs on broad populations. The third section examines policy responses in the United States, Australia, United Kingdom, and international organizations, noting that none has adequately addressed the contemporary nature and scope of THRVs as international standards require. The final section argues that to meet their obligations, states should establish Transnational Rights Protection Offices (TRPOs) to provide a clear contact point for targets to raise complaints and receive support; monitor and report on the situation of THRVs taking effect within the state’s jurisdiction; advise and inform government departments on THRV issues; and develop evidence-based policy recommendations. We conclude by laying out the rationale for its institutional status within National Human Rights Institutions (NHRIs).

Concepts and signs of international human rights institutions

The article analyzes various approaches to the interpretation of the concept of an international human rights institution. The author’s definition of the concept of an international human rights institution is proposed, which should be understood as an international association endowed by the relevant states and (or) other entities with its own international legal personality, based on an international treaty or other document provided for by the norms of international law, the purpose of which is achieving goals related to the protection of the rights and freedoms of a person, and which, as a rule, has its own system of bodies acting on a permanent basis. It was noted that in the process of forming the institute of international organizations, the main attention of the states was focused on the creation of international intergovernmental organizations, which have executed and continue to execute a significant influence on the course of world events. International interstate organizations are one of the three important institutions through which interstate cooperation is carried out. Created in accordance with special international treaties, they have international legal personality and a clearly defined organizational structure, reflect the main goals, tasks and competence and act in accordance with the norms of international law. Despite the fact that international human rights institutions have a subsidiary character to national protection bodies, they provide considerable influence by making appropriate decisions based on the results of consideration of individual appeals from victims whose rights and freedoms are violated. The process of applying for the protection of rights and freedoms to international human rights institutions is a kind of one of the forms of activity of the relevant legal entity. The article highlights the main characteristics of international human rights institutions, which include: 1) contractual basis, 2) existence of defined goals, 3) appropriate organizational structure, 4) existence of independent rights and obligations, 5) possibility of considering applications from victims of rights violations and freedoms and the adoption of relevant decisions (conclusions, recommendations), 6) the possibility of influencing the defendant state, which violates the rights and freedoms of a person, 7) the permanent nature of the activity.

An Assessment of the Impact of Corporate-Driven Foreign Land Investments on Selected Human Rights in Mozambique

Abstract This article focuses on the impact of land investments in Mozambique. It examines the effects these land investments are having on local people’ access to food and sustenance, culture, land and water, and political engagement in some Mozambican provinces and areas. The next section critically evaluates whether human rights related to the aspects are being violated, as well as Mozambique’s legal obligations under both local and international law. The main goals are to alert the academic community to the negative impacts that land grab and investments have on local populations in Mozambique and to explain how these activities can be effectively stopped by using the normative framework now in place on human rights. It argues that foreign companies and investors in Mozambique are causing significant negative impacts on local communities, including livelihood, food, culture, land, and political participation. These issues are already protected by human rights law, and effective protection by the state could help combat land grabbing. Mozambique’s judiciary, civil society, and human rights institutions should work together to prevent local communities from being harmed.

Кризис теории и практики правозащитного действия

This article explores problem of the liberal rights and freedoms conceptualization and crisis of the human rights institutions legitimacy, the prospects for theory and practice of the modern defense of human rights. The author believes the human rights institutions to be currently in crisis mode because of their inability to overcome their dependence on the liberal doctrine of rights and freedoms being innate. This doctrine was imposed on the society as the only valid ideology that does not need any scientific verification or ethical mediation and basically is a quasi-religious phenomenon. Today the defense of human rights is the enforcement authority and a political subsystem, as it legitimates and delegitimates political subjects. The human rights institutions can retain their role in society by overcoming their dependence on liberal and other ideologies, abandoning the obsolete enlightenment concept of innate rights and acknowledging the priority of morality in the society.

LEGAL STATE AS A PHILOSOPHICAL AND POLITICAL PROBLEM (ON THE 30TH ANNIVERSARY OF THE RF CONSTITUTION)

The article shows the social and philosophical-theoretical foundations of the idea of the rule of law. Based on world political and legal thought, the nature and evolution of this phenomenon is revealed. It is argued that in the presence of the institution of human rights, the mechanism of separation of powers and the predictability of the actions of state power, the rule of law can be assessed not only as an ideal, but also as a real way of organizing the state. It has been demonstrated that public order is a constant compromise between various forces in society, determined by the intensity of social interests. One of the ways to overcome political alienation is the subordination of the state to law, designed to ensure predictability of the actions of state power, guaranteeing a stable legal order. It is emphasized that the issue of the state being bound by law cannot be resolved within the framework of the theory of legal positivism and requires turning to meta-legal concepts (justice, good morals, common good) that lie outside positive law, and their basis and boundaries must be sought in philosophical and legal principles. Special attention is paid to the understanding of the social state - a state that establishes social (material) guarantees for broad layers of the population, ghts poverty and introduces legal mechanisms for this purpose. It is shown that a legal social state is one of the central problems of Russian liberal philosophy of law. The rule of law, from the point of view of its representatives, must be supplemented by the “right to a decent existence”.

PROTECTION OF HUMAN RIGHTS IN THE MECHANISM OF LEGAL SUPPORT OF THE NATIONAL SOVEREIGNTY OF RUSSIA

The results of a study of the human rights practice of the Commissioner for Human Rights in the context of external challenges and threats are presented, the role of the institute of human rights as one of the integral elements of national sovereignty is considered. An attempt has been made by scientists and practitioners to study issues related to nding a balance between generally accepted standards and national characteristics in the protection of human rights, choosing tools to ensure e ective monitoring of human rights and freedoms at the supranational level, and forming e ective mechanisms by international organizations for human rights violations using the most optimal and constructive means.Guided by one of the main principles of human rights activity - mercy and humanism - outside politics, it seems necessary to study and comprehend existing conceptual approaches in the legal doctrine in the eld of human rights protection and methodological tools of foreign colleagues-ombudsmen in order to test best practices and improve the e ectiveness of human rights assistance.Taking into account modern realities caused by the systemic crisis of the international system for the protection of human rights and freedoms, the main directions of human rights activities, the main international and foreign human rights platforms for the development of cooperation are identi ed, new formats and promising areas of international cooperation in the eld of human rights aimed at strengthening national sovereignty, respect for the principles of equality, independence and justice are highlighted.

Rencana Aksi Nasional Hak Asasi Manusia (RANHAM) 1998-2003: dalam Mewujudkan Masa Reformasi Demokratis

The 1998-2003 National Human Rights Action Draft (RANHAM) was an initiative of the Indonesian government that was launched after a period of political reform in 1998. This RANHAM aims to strengthen the protection and promotion of human rights in post-New Order Indonesia. Some of the main points in the RANHAM include community empowerment, legal reform, eradication of torture, protection of women's and children's rights, and strengthening human rights protection institutions such as Komnas HAM. RANHAM 1998-2003 is part of a broader effort to change the human rights paradigm in Indonesia after the authoritarian era. However, its implementation has not always gone smoothly, and challenges remain in the advancement of human rights in post-Reformasi Indonesia. This paper aims to analyze how the realization of RANHAM 1998-2003 and as a projection in the implementation of RANHAM today to be in accordance with what has been conceptualized from the beginning about RANHAM. The research method used in this paper is a qualitative descriptive research method which is to explain thoroughly about the problem by describing it. The data used in this writing comes from official documents, government evaluation reports and reports of human rights institutions that are collected and analyzed to then be described. In fact, it can be concluded that the RANHAM aims to strengthen the protection and promotion of human rights in Indonesia after the New Order period.

Ill-treatment in the Chilean prison system - an analysis of reports presented by the National Institute of Human Rights (INDH) and their handling by the legal actors.

Prisons in Latin America are often described as violent and lawless places. This article analyses the Chilean case. We want to find out how complaints of ill-treatment are investigated if the victim is in prison. Our hypothesis is that the response to the phenomenon, both in the prose-cution of the perpetrators and in the protection of its victims, does not take into consideration the guidelines established in international standards, especially those contained in the Istanbul Proto-col. We analysed a total of 124 complaints of ill-treatment filed by the Chilean National Human Rights Institute (INDH). An excessive amount of time elapses between the alleged ill treatment, the filing of complaints, the use of protective measures, and the termination of the cases. There are serious deficiencies in the investigations carried out by the Public Prosecutor's Office, and therefore, most of the complaints are not clarified and end up being shelved. We conclude that, through both the actions of the judges and the prosecutors in the processing of the complaints, when it comes to investigating acts of ill-treatment inside Chilean prisons, the standards of the Istanbul Protocol are not met.

Fostering Socio-Economic Rights and Human Dignity Through Collaborative Partnerships: The Role of Civil Society Organisations

The end of the Second World War (WW II) illuminated the new hope of a world order that tumultuously recognised human rights and the inherent dignity of all humans. States now recognise that improved human rights mechanisms and their enjoyment; particularly socio-economic rights, are dynamics consistent with the dignity of humans under international human rights law. However, their observance and promotion are traditionally predicated on the states' discretion. Thus, it is pivotal to have a concerted push towards adopting common measures that put these rights on the frontlines of states' economic blueprints. Civil society organisations in partnership with National Human Rights Institutions (NHRIs) would play a central role in realising this global effort. This article aims to argue that non-governmental organisations (NGOs) could play a crucial role in fostering resilience within national boundaries and the promotion of socio-economic rights as key indices in reshaping the economic landscape of states in the twenty-first century, especially in states like South Africa and Nigeria.

Human Rights and Equality Institutions in Europe

National Human Rights Institutions (NHRIs) are state bodies mandated to protect and promote human rights. Their mission is to identify and tackle systemic problems while raising fundamental rights awareness in countries in which they have been established. Human rights institutions at the national level include Ombudsman (some specialising in particularly vulnerable groups), Equality Bodies, National Preventive Mechanisms, National Monitoring Mechanisms, Data Protection Agencies, and more. In this article, we analyse the strengths and weaknesses of both centralised and fragmented systems of human rights institutions. Using examples from several European countries, we particularly examine how the fragmentation of institutions affects their resilience to pressures which can adversely impact the promotion and protection of human rights and equality at the national level. We argue that opting for a certain NHRIs’ system might exert significant influence on the independence and effectiveness of individual institutions, as well as on the overall comprehensiveness of a nation’s human rights infrastructure.

Human Rights and Transitional Justice in the Maldives: Closing the Door, Once and For All?

In 2020, the Maldives instituted a transitional justice process to address decades of systematic human rights abuses including the widespread use of arbitrary arrest and detention, torture, and the forced depopulation of entire island communities. While the country’s decision to confront its violent past is not unusual, the institution it has established to undertake that task is. Rather than institute a truth and reconciliation commission (TRC), refer cases to its Human Rights Commission, or undertake criminal trials in its domestic judicial system, the Maldives has taken the unprecedented step of establishing a temporary Ombudsperson’s Office for Transitional Justice (OTJ). Comparing the OTJ to national human rights institutions and TRCs, this article examines how and why the Maldives’ transitional justice process has taken this unusual form. It suggests that the OTJ represents a new attempt to address the full range of human rights abuses, including violations of social and economic rights, perpetrated by repressive regimes.

VALUE POLICY AND HUMAN RIGHTS: EXPERIENCE OF POLITICAL AND PHILOSOPHICAL ANALYSIS

In the proposed publication, the author, using philosophical reflection, the dialectical method, the discursive approach, the formal legal method, political and legal comparative studies, analytical and descriptive techniques, comprehends the doctrinal and factual relationship of the value-oriented course with human rights within the framework of the current state of Russian domestic political systems. The political and legal structure of human rights in the Russian political field is outlined, the philosophical foundations underlying the doctrine of human rights are revealed, the limits and possibilities of spiritual reception of the idea of human rights in a non-European society are determined, the metaphysical and axiological basis of value-oriented Russian politics as a consistent implementation of the metaphilosophical idea of patriotism is revealed, an intellectual synthesis of the doctrine of human rights with value narratives is carried out. A clear connection between the institution of human rights and the directions of political thought and political practices that defend or pursue the idea of gradually reducing state interference in the private lives of individuals and the functioning of social entities within civil society is affirmed. It is suggested that the further development of a value-oriented course in the Russian Federation will inevitably raise the question of replacing the bourgeois-individualistic approach to the institution of human rights with a moral approach, where freedoms and warrants are orchestrated by the spiritual carcass of Russian civilization. The necessity of revising the approaches used in political and legal theory to defining leading state powers by replacing them with a definition of the state through the perspective of sovereign power, which can deviate from normally operating formulas of law in extraordinary situations, is substantiated. In conclusion, an inference is drawn that value policy sets the moral focus of interpretation, comprehension and approaches to the implementation of constitutionally enshrined rights and freedoms of man and citizen, and acts as a kind of explication of existing normative legal institutions of a general order.

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.

The Nature of The Relationship Between Palestinian Human Rights Institutions and Media

This study aims to reveal the nature of the relationship between Palestinian human rights institutions and the media, to understand the relationships between these institutions and the media. This study used the descriptive analytical approach, which seeks to describe, monitor and analyze the nature of the relationship between Palestinian human rights institutions and the media, by collecting data using the quantitative approach represented by the questionnaire tool that was distributed to 83 Palestinian human rights institutions. The study concluded that the nature of the relationship between Palestinian human rights institutions and media was dominated by participatory and their interest in disseminating their news via media, by making information available to media, there are 49% of the institutions, In addition to 43% of them allowing the media to access information freely, and 38% of them shares with media various topics that to cover. On the other hand, there was a weakness in media relations in terms of interaction with the media. The relationship focused on the institutions’ interest in publishing their news only, as 40% of human rights institutions are not keen on holding meetings with media institutions, and 39% of them do not participate in media Organizations activities.
 Originality/value: The study contributed to understanding the nature of the relationship of human rights institutions with the media, in light of the lack of studies that studied this subject, in addition to helping those working in public relations in human rights institutions to improve their communication performance.

The military ombudsman as an institutional guarantee for the protection of military personnel rights (based on foreign experience)

The article draws attention to the fact that today, in the conditions of Russian aggression, the state of compliance with the rights of domestic servicemen has significantly deteriorated, which requires the improvement of the constitutional and legal tools for their protection. The foreign experience of developed democratic countries in solving the problem of effectively ensuring the rights of the military through the introduction of specialized ombudsmen in the affairs of the armed forces is analyzed. The legal nature of military ombudsmen as specialized human rights institutions that have proven themselves positively in a number of states, the history of their introduction, and the positive consequences of their functioning are studied. Considerable attention in the work is devoted to the models of specialized ombudsmen in the affairs of the armed forces: a) regarding their legislative recognition and regulation of legal status (at the level of the country’s constitution, law or by-law); b) places in the structure of state power (parliamentary and executive); c) models that are structurally part of the armed forces; are not part of the armed forces, but are authorized to deal exclusively with military issues and ombudsmen of general competence, in which the function of protecting the rights of military personnel is provided for by law; d) individual ombudsmen and collegial ombudsman services; e) various models of ombudsmen in the affairs of the armed forces, depending on the scope and specificity of their powers. It was concluded that for Ukraine in the conditions of war, the introduction of the institute of the military ombudsman is not just timely, it is extremely necessary. The emergence of this institution, on the one hand, will complement the existing means of protecting the constitutional rights and freedoms of the military, on the other hand, it will contribute to the maintenance of their faith in justice, which will generally neutralize the wary attitude of military personnel towards the authorities, and mitigate conflicts between the state, its bodies, and the military. The military ombudsman, exercising his supervisory and human rights powers, will not only contribute to the effective protection of the rights of the military, but also mitigate the contradictions between the state and civil spheres, promote the democratization of the national military sphere, which under his influence should become more responsive to needs and requests of military personnel, which will ultimately guarantee the “democratization” of the military bureaucracy, which, thanks to his activities, will show more attention, sympathy and concern for military personnel.

Cost of Expulsion, Dissent and Human Rights in Russia

Abstract With Russia outside the Council of Europe, the possibilities for successful litigation against the state by Russian citizens have become limited. In more ways than one, Russians made the Strasbourg court their own. Russia was among the states with the most applications against it. At the same time, victims of Russia’s abuses, dissenters, and human rights defenders were among the ECtHR’s main beneficiaries. Despite Russia’s mixed record of compliance, the Court provided a singular avenue for accountability, and served as a catalyst for domestic mobilization. Expulsion appears to have accelerated authoritarian decline. Although it is hard to know how much stronger respect for human rights would have been had Russia remained, in the absence of European Court, human rights in Russia face massive challenges. The cost of expulsion raises questions about how human rights institutions should balance institutional legitimacy and condemnation of states with responsibility to the people living within them.

Institutionalizing human rights in the United States: Advocacy for a national human rights institution

National Human Rights Institutions (NHRIs) have been part of the infrastructure of international law since 1946, two years before the Universal Declaration of Human Rights was completed. Globally, more than 120 nations have established independent NHRIs. Two-thirds of these have been accredited by the Global Association of National Human Rights Institutions (GANHRI) after passing a rigorous review to assess their compliance with the Paris Principles, a set of minimum standards for NHRIs. The United States does not have an NHRI and the federal government has resisted calls from both domestic NGOs and the international community to establish such an institution. Domestic advocates nevertheless continue to pursue creative approaches to promote human rights monitoring and implementation in the United States. U.S. civil society submissions to treaty bodies regularly draw attention to the need for a U.S. NHRI. On the domestic stage, advocates likewise urge the federal government to take a greater role in human rights monitoring, implementation, and coordination. However, as a global power and a key actor in the UN system, the U.S. government experiences few consequences for failing to establish an NHRI. In sum, the absence of a U.S. NHRI is a challenge not only for domestic advocates, but for the international system as well.