Inalienable Rights Research Articles

Rule of Law and Human Rights: Analysis of International Standards and Case Law

The EU's human rights policies and actions have two main components: protecting the fundamental rights of EU citizens and promoting human rights around the world. One of the aspects that the UN focuses on is the relationship between democracy and human rights, as the organisation upholds the importance of equal political participation of citizens of its states and full respect for human rights, including the recognition, protection and promotion. As defined by the United Nations International Children's Emergency Fund (UNICEF), human rights are norms that recognise and protect the dignity of all people, meaning they apply to everyone, without distinction of race, gender, education, political opinion, sexual orientation or any other type of moral judgement. The realisation of human rights also obliges states to be responsible for protecting these norms and prohibits certain acts that violate them. Human rights can be said to be one of the greatest achievements of mankind. One of the most important human rights documents is the Universal Declaration of Human Rights, signed in 1948 at the UN General Assembly. Consisting of 30 articles, the Declaration formalises all the theoretical developments made earlier on civil, political, social, economic and cultural rights. Another innovation of the Declaration was the inclusion of human rights in the universal character, becoming the rights of all peoples. Thus, for the UN, human rights "are universal legal guarantees that protect individuals and groups from acts and omissions by governments that violate human dignity"3. Human rights are fundamental and therefore inalienable human rights, i.e. those rights whose violation would lead to an attack on the very essence of humanity. For this reason, it is important that everyone is aware of and knows about human rights, their content and the forms of protection provided for them, as everyone should be able to enjoy their fundamental rights for the sole purpose of living in peace, without distinction. Human rights, democracy and the rule of law create an environment in which countries can promote development, protect people from discrimination and ensure equal access to justice for all.

On the need to use baby boxes in Russia and other countries

The subject of this study is the normative legal provisions of the application and functioning of baby boxes on the territory of various states. The object is the social and legal justification of the need in the modern world for the use of baby boxes in the context of the implementation of the constitutional principle of the child's right to life. Article 3 of the Universal Declaration of Human Rights enshrines the inalienable and inalienable right of every human being to life, and, of course, this requirement fully applies to every child. Moreover, the principle has been proclaimed at the international legal level, according to which the child is the exclusive object of protection by any state in the world and society: for example, in part 2 of Article 25 of the Universal Declaration of Human Rights it is enshrined that infancy and childhood give the right to special care and care. The methodological basis of this study is represented by a set of such methods of scientific cognition of objective legal reality, applied during preparation and writing, as: comparative analysis, as well as the formal legal method. In addition, the methods of scientific cognition of objective legal reality used by the author also include the logical method, system-structural analysis, and the method of legal modeling. The author analyzes the main social and legal reasons for the emergence and spread of the practice of using baby boxes in a number of foreign countries and in certain regions of Russia. Ambiguous points of view on the need for legal regulation and practice of using baby boxes in Russia are also presented today at the doctrinal level: some authors talk about the expediency and effectiveness of their use, others note their uselessness and insecurity, pointing to the existence of other mechanisms for voluntary parental abandonment of newborn children established by law. In the course of the analysis, the author presents the reasons for the need to introduce the practice of using baby boxes both in the Russian Federation and in other countries, and as a result, this entails the need for legislative regulation of the relations in question.

Lest we forget: Dr Paul Farmer (1959-2022) 'A Global Health Leader at Harvard'.

In the chronicles of medical advancement, Dr Paul Farmer stands out as a transformative figure whose unwavering commitment to healthcare equity has reshaped treatments for the disenfranchised. An American anthropologist and physician, Farmer has had a profound impact on global health which encapsulates a legacy driven by the steadfast belief that healthcare is an inalienable human right. This article explores Farmer's monumental contributions, showcasing how his dedication has revolutionized the landscape of healthcare, particularly for those marginalized and underserved. As the architect of Partners In Health and a guiding force at Harvard Medical School, he fostered a novel paradigm of enduring, community-focused medical care. His unyielding advocacy from Haiti to Rwanda confronted entrenched health disparities and galvanized support for increased access to primary and secondary care. His poignant critiques and policy recommendations during the COVID-19 crisis highlighted his relentless pursuit of health justice - advocating for equitable vaccine distribution and tackling racial health disparities. His scholarly works on overlooked health dilemmas and the urgency of global healthcare reflect a legacy that transcends his lifetime. While his passing is deeply felt, Farmer's visionary ethos continues to inspire, beckoning us toward a more equitable healthcare horizon.

Somatic Biotechnologies in the System of Social Values of Modern Russian Society

The paper is devoted to analyzing the impact of somatic biotechnologies on the system of social values of modern society. In the paper «somatic» refers to such technologies that relate to the genetic modification of the human body or its functional systems carried out in various ways. The authors attempt to analyze the main directions of transformation of social institutions of modern Russian society, taking into account advantages and disadvantages of the new technological revolution. Attention is drawn to the risks that biotechnologies pose to society and the state as a whole. The authors substantiate the necessity of participation of the state and various social groups in the development of an optimal strategy reflecting the interests of all stakeholders, based on transparency and trust. The paper indicates that it is necessary to determine the levels of permissible human exposure to various concomitant factors when using biotechnologies. This will require a normative rethinking of the entire concept of human and civil rights and freedoms enshrined in the Constitution of the Russian Federation that includes the right to life, its values, the principles of the inalienable fundamental human rights and freedoms, their belonging to everyone from birth, the right to privacy, the right to personal and family secrets, dignity and good name.It is important at the regulatory level to consolidate the legal regime of genetic data about a person in the system of social values, prohibit discrimination based on genetic uniqueness, and develop requirements for medical organizations using somatic biotechnologies. The resolution of future problems involves a theoretical rethinking and normative regulation of new forms of work that will appear in the future, as well as new types of property. The ideas of motherhood and childhood, as well as families, will require new content, which will affect the most important values of society and demand active involvement of the state.

Inclusive learning and development practices for children with autism spectrum disorders and the ICT’s role

Nowadays, the inclusive orientation of education has promoted the inalienable right of all children, including those with autism spectrum disorders (ASD), to be educated in mainstream schools alongside their typically developing (TD) peers. The autism spectrum includes developmental disorders that appear in early childhood and are characterized by qualitative deficits in social communication and adaptive behavior, impeding academic learning and social-emotional development. The aim of this paper is to study those practices that form the conditions for realizing the functional inclusion of ASD children in the traditional classroom. For this reason, through the literature review of modern foreign language scientific articles, an attempt was made to search and study the most widespread and research-documented intervention procedures and techniques, which develop the readiness skills of ASD children, providing them with quality opportunities for active learning and socialization alongside their TD peers. The results showed that when the earlier targeted educational approaches are used in the inclusive classroom, in a structured and predictable learning environment, taking into account their unique characteristics, interests and assessed educational needs, with the support of adequately trained teachers and an interdisciplinary team, in cooperation with the family, their dynamic involvement in the activities of the school program is facilitated. Furthmore, quality interactions with their TD peers are increased and therefore, the appearance of socially acceptable behaviors is promoted, which contributes to their acceptance by their classmates, laying the foundations for their smooth integration into society.

THE CONSTITUTIONAL AND LEGAL MECHANISM FOR REGULATING THE RIGHT TO HOUSING OF CERTAIN CATEGORIES OF CITIZENS IN RUSSIA

The article is devoted to the Study of the constitutional and legal mechanism for regulating the right to housing of certain categories of citizens in Russia. The article defines the concepts of "regulation" and "constitutional and legal mechanism of regulation", and also discusses various approaches to the definition of the latter. The authors believe that the basis of the legal mechanism of regulation is the constitutional legal mechanism of regulation. The object of the study is the inalienable constitutional rights and freedoms of man and citizen, which are vested in him by the State. The article highlights the elements of the mechanism of legal regulation: the rule of law, legal relationship, law enforcement act.

A River Runs Through It: Reading the Text and Context of a River

This article is framed and inspired by Jacklyn Cock’s Writing the Ancestral River (Johannesburg: Wits University Press, 2018), which traces the history of the Kowie river in the Eastern Cape and its significance both in her own life and in shaping a specific geographical area. We set out to “read” the Kromme river through the lens of Cock’s “biography-of-a-river” approach, which is both an evocative personal account and a social and environmental history of a river. Like the Kowie, the story of the Kromme river raises issues of competing interests; environmental, economic, and social justice concerns; and the tension between a river viewed in instrumentalist terms or as a complex, precious wetland and estuary. We consider questions such as whether the natural world in itself has inalienable rights, and whether rivers—even minor ones such as the Kromme—should have the right to be protected.

Ensuring the right to life of various categories of persons in conditions of war

This work examines the issue of ensuring the right to life of various categories of persons in wartime conditions.
 In today’s conditions, the relevance and importance of the right to human life, its realization and protection is obvious, because without such a fundamental right, all other rights lose any meaning. Life is a necessary condition for the realization of all human rights and freedoms. This right is enshrined in all human rights treaties and is part of universal international law.
 It is noted that the decisions of international and national courts regarding respect for the right to life during an armed conflict are not always clear, as they often lead to threats to governments to withdraw from international human rights protection mechanisms. Mechanisms for protecting the right to life need improvement. On October 30, 2018, the UN Committee on Human Rights adopted General Comment No. 36 to Art. 6 of the International Covenant on Civil and Political Rights, where he tried to solve the main problems related to the protection of human rights to life. But, despite the adoption of such an important act, many questions remain open.
 The peculiarities of the state’s obligations to protect the right to life in the conditions of a military conflict include issues of jurisdiction in the conditions of the occupation of the territory; the list of obligations of the state during an armed conflict; the limits of the need to use force in legitimate military actions, in the context of the need to counter terrorist acts, conduct special operations; peculiarities of the investigation of facts of deprivation of life.
 It was concluded that the right to life is an inalienable right of every person, which is guaranteed by the Basic Law of our country, normative legal acts and a number of international acts.

#MeToo movement in Korean arts & culture sector and gender mainstreaming strategies in cultural policy

ABSTRACT This study examines how the #MeToo movement in the Korean arts and culture world has changed the Korean government’s cultural and gender equality policies. First, I discuss the gendered power structure of the Korean arts and culture sector, focusing on the issues raised by this movement in terms of the specificity of the sector, which is a dominant discourse of cultural policy. Second, by exploring that newly organized activist groups through the movement played a significant role as gender governance, I examined how this gender governance overcame the limitations of government gender mainstreaming strategies and reconciled the specificity of the arts and culture sector with gender mainstreaming strategies under the conflicted political circumstances and government policy-making process. It resulted in the ‘mainstreaming of gender equality as an inalienable right of artists’ in the new Artist’ Status and Rights Guarantee Act, beyond the mere reliance on the existing gender mainstreaming tools.

Human Rights Violation of Stranded Palestinians: Perspectives of Palestinians Living in Bangladesh

The Palestinian people have been subjected to various human rights violations for decades, making it one of the most significant humanitarian traumas in the contemporary world. They are one of the world’s largest and longest-serving stranded refugee communities. This paper aims to investigate the human rights violations experienced by Palestinians in both the occupied Palestinian territory and refugee camps. The findings are based on an exploratory investigation that interprets primary data collected through semi-structured interviews with ten Palestinian students studying post-graduate studies at various medical colleges in Bangladesh. The research reveals that the inalienable rights of the Palestinians are being highly violated by the Israeli administration, forcing them to live in the occupied Palestinian territory. This paper contributes to the ongoing debate about the human rights violations experienced by Palestinians and highlights the need for immediate international action to address this crisis.

Choice

What inalienable rights belong to those with intellectual disabilities? In this work of philosophical short story fiction, Ellen, who has Down syndrome, overhears her older siblings, and caretakers, talking about her. They are discussing her recent pregnancy, and the suicide of the person they believe coerced her into sex, or raped her. While Ellen doesn’t understand everything they are talking about, she understands there is a life growing inside her, and they are debating if they should have her keep it, abort it, or give it up for adoption. They believe, if Ellen keeps the child, she will be poorly equipped for motherhood and the burden of childcare will fall on them. Later, Ellen takes matters into her own hands, gathers what little belongings she has, and heads out to the street to hitchhike away.

ОБЛАЧНЫЕ ТЕХНОЛОГИИ В ВЫСШЕМ ОБРАЗОВАНИИ: ПРЕИМУЩЕСТВА И ПРОБЛЕМЫ ИСПОЛЬЗОВАНИЯ

The introduction of cloud technologies is actively taking place in many areas today, including in the field of education. Digitalization of the educational process requires teachers of higher educational institutions to possess modern educational technologies, use modern Internet resources and electronic learning tools that could be used qualitatively both in the classroom and outside the educational institution. Current trends show that Russia is gradually moving towards modern training programs that form digital skills and competencies. “Digital” competence (“digital” literacy) is recognized by the EU as one of the eight defining competencies for a fulfilling life and activity, and access to the Internet is recognized by the UN as one of the basic and inalienable human rights – along with the right to education, freedom of speech, etc.

Конституционно-правовые аспекты защиты прав и свобод человека и гражданина в Республике Казахстан

The study examines the historical development and stages of formation of the institutional framework regulating the provision of rights and freedoms of citizens on the territory of the Republic of Kazakhstan. A critical assessment of the expanding range of citizens' rights to access constitutional review is offered, while emphasizing the expansion of tools vital to the protection of inalienable human rights and freedoms. An assessment is made of the expansion of the rights and freedoms of citizens in the context of the Basic Law, ensuring their compliance with constitutional principles and studying the mechanisms and institutions responsible for ensuring compliance with these constitutional provisions. This is about assessing how these controls function to ensure the protection of the rights and freedoms of citizens within the legal and constitutional structure of the Republic of Kazakhstan. The study also aims to provide a comprehensive analysis of the implementation and practical application of constitutional review mechanisms, highlighting their effectiveness in bringing legal guarantees in accordance with the Constitution of the Republic of Kazakhstan. Methodologically, the study is based on careful observation of the prevailing situation in the field of protection of the rights and freedoms of citizens. Through this analysis, the study concludes with the presentation of pragmatic tools aimed at strengthening protective mechanisms designed to improve the effectiveness of the human rights protection system in the Republic of Kazakhstan. The proposed tools are aimed at strengthening the existing system for protecting the rights and freedoms of citizens, which will significantly increase the effectiveness and inclusiveness of human rights mechanisms, providing a comprehensive and flexible structure within the legal and constitutional paradigms of Kazakhstan.

Институт обязательных требований как мера защиты публичных и частноправовых интересов

The right to engage in entrepreneurial and other economic activities is an inalienable constitutional right, the exercise of which should not violate the rights and freedoms of others. The federal legislator has the right to establish conditions for the implementation of entrepreneurial activities aimed at coordinating private economic initiatives with the interests of other persons and society as a whole. Among the conditions for carrying out entrepreneurial activity are mandatory requirements, which are covered by the Federal Law of July 31, 2020. No. 247-FZ "On Mandatory Requirements in the Russian Federation". In the legal literature, the issue of the types of normative legal acts in which mandatory requirements for entrepreneurial activity can be fixed is debatable. Based on the analysis of the provisions of the Constitution of the Russian Federation and the decisions of the Constitutional Court of the Russian Federation, the author concludes about the types of such acts. In the doctrine, a number of authors consider the institution of mandatory requirements as a measure to protect public interests and refer it to administrative law. The article refutes this thesis and proves that this institution is simultaneously aimed at protecting the private legal interests of third parties and the economic interests of entities engaged in entrepreneurial and other economic activities. This conclusion is made on the basis of an analysis of the principles, as well as the conditions for establishing mandatory requirements for entrepreneurial activity. In addition, in the article, the author draws attention to a very general definition of mandatory requirements, which does not meet the principle of certainty; taking into account the content of Federal Law No. 247, he formulated the author's definition of mandatory requirements. Mandatory requirements – these are the requirements contained in regulatory legal acts that are related to the implementation of entrepreneurial and other economic activities, including conditions, restrictions, prohibitions, duties, persons obliged to comply with them, objects of establishing mandatory requirements, forms of assessing compliance with mandatory requirements (state control (supervision), municipal control, bringing to administrative responsibility, providing licenses and other permits, accreditation, product conformity assessment, other forms of assessment and expertise), and which are established solely for the purpose of protecting life, human health, morality, the rights and legitimate interests of citizens and organizations, non-harm (damage) to animals, plants, the environment, national defense and state security, cultural heritage sites, and the protection of other legally protected values.

Foreign Fighters in the Ukrainian Armed Conflict: An International Humanitarian Law Perspective

This study discusses foreign fighters who take part in the Ukrainian armed conflict. The aim of this study is to know about the history of the armed conflict of Ukraine, study the relevance of International Humanitarian Law to foreign fighters, and study the implementation of Human Rights obtained by foreign fighters based on International Humanitarian Law. The used is juridical-normative legal research or also called document research with secondary data as the main source. Researchers conduct legislative studies to see synchronization between legislation. Data were collected using literature review techniques, such as perusing, analyzing, and drawing conclusions from relevant documents. The results of this study conclude, first, the history of the Ukrainian armed conflict starting from the independence of Ukraine and culminating in the Russian special military operation that occurred on February 24, 2022. Second, the relevance of international humanitarian law to foreign fighters has no specific definition describing foreign fighters and only foreign terrorist fighters. Third, the implementation of human rights against foreign fighters is an inviolable or inalienable human right. However, in its implementation there are still many violations that occur in the armed conflict of Ukraine. Several methods are needed to overcome this problem, namely, the need to increase understanding and awareness regarding IHL and human rights, especially for foreign fighters, to all parties and, make policy recommendations regarding clarity of understanding for foreign fighters, which can then be used as a guide for policymakers and practitioners to increase the certainty of humanitarian protection for foreign fighters.

Недоліки «гуманітарної дипломатії» у сфері захисту військовополонених

The article provides a generalized analysis of the shortcomings of the functioning of humanitarian diplomatic institutions in the field of protection of the rights and freedoms of prisoners of war. It was established that, in general, the problem of the war in Ukraine actualizes deep ideological and legal constructions about justice, dignity and universal human values in the conditions of the conflict and requires a comprehensive approach to its solution. At the same time, the situation in the conflict zone leaves human rights mechanisms with the challenge of ensuring effective protection. Ensuring the inalienable rights of prisoners of war requires not only legal regulation, but also the practical implementation of these norms in difficult conflict conditions. It is motivated that the protection of the life and health of prisoners of war belongs to the canonical imperatives of ethics, which are embodied in normative acts of international humanitarian law. This imperative obligation, based on the principle of inviolability of the individual, reflects the highest anthropological ideals. However, the modern reality shows the insufficient effectiveness of these normative principles in the context of armed conflicts. Unfortunately, violations of the rights of prisoners of war have become commonplace, which requires improvement and strengthening of their protection mechanisms. The main task of the humanitarian community and the state striving to stabilize the situation in the conflict zone is to ensure elementary, "minimum" standards of humanity during a military conflict, including in relation to prisoners of war, which includes the need for a comprehensive approach that includes not only the regulatory and legal framework, but also the active role of international organizations, the public and humanitarian organizations. One of the main directions is to ensure independent monitoring of conditions of detention and treatment of prisoners of war. The analysis of the practice of the functioning of international and national "humanitarian diplomacy" in the context of the modern war on the territory of Ukraine gave us the opportunity to single out a number of significant problems in the field of protecting the rights of prisoners of war, in particular: the limited accessibility of representatives of "humanitarian diplomacy" to specific areas or groups of prisoners of war, to the camps where they are held; possible financial limitations of missions due to the problem of limiting resources and means for providing humanitarian aid; political pressure and limitations of "humanitarian missions", which causes a violation of the principles of neutrality and independence of humanitarian aid; security problems for employees of institutions.

The right to free development of your personality: concept and content

The right to free development of your personality: concept and content

Realist constructivism: a new perspective on norm theory

We contribute to the advancement of scholarship on realist constructivism by illustrating its potential to enrich norm theory and elucidate the role of states in shaping identities. The primary challenge in fully realizing the potential of realist constructivism lies in reconciling constructivists' perspectives on norms as carriers of universal ethical standards with realists' emphasis on their instrumental value for state interests. We address this contradiction by highlighting the existence of two distinct types of norms: individual and group norms. Individual norms are grounded in fundamental and inalienable human rights, exhibiting universality and resilience. In contrast, group norms primarily address collective rights and interests, rendering them more susceptible to instrumentalization by states and thus more contingent and changeable. Realist constructivism enables us to acknowledge the coexistence of both types of norms and analyze their interactions. Our framework is empirically tested using two norms concerning individual rights (the norm against anti-personnel landmines and the norm against torture), two norms related to group interests (the norm promoting the green energy transition and the norm of world-class universities), and one borderline case (the norm against genocide). We show that efforts to frame norms of the second category and to graft them onto the human rights discource have yielded intriguing outcomes, legitimizing and empowering new principles of interntional governance. Conversely, the instrumentalization of norms from the first category to serve national interests can weaken them, leading to a loss of credibility on the international stage.

حقوق وخيارات حائز العقار المرهون رهناً رسمياً "دراسة تحليلية مقارنة "

Among the most important provisions in the official mortgage contract is the right of the mortgagee creditor to encumber the mortgaged property after the mortgage debt has not been paid as agreed. In this way, the law defends the inalienable right of the mortgagee creditor against all infringements. Mortgagee creditor rights may be impacted by legal relations between the debtor and others, so the legislator is keen on granting mortgagee creditors the right to track the mortgaged property wherever they may be. The legislator, however, balanced the rights of the possessor and mortgagee creditor by providing the possessor with rights and options through which he can defend his right of ownership of the mortgaged property, including the right to pay the mortgagee's creditors with all the defenses the mortgagor had against including, but not limited to, prescription payments, fulfillment payments, discharge payments, etc. His rights to a mortgaged property could be preserved through options such as repaying the debt, purifying the property, vacating it, or having the mortgagee commence enforcement proceedings.

Feminism in Literature: A Study of Emecheta’s the Joys of Motherhood and Nwapa’s Efuru

This Paper is concerned with the motives, concepts and ideas expressed by African female writers in their works. They speak with one voice; they fight for the recognition and emancipation of women in male dominated societies. They use their works to air their views. They aim for the equality of all sexes. This study shows the aims of female writers in literature which seeks to bring an end to the oppression and subordination of women by men. It is worthy to note that these African female writers used in this study do not revolt against men but against certain laws that have denied them their inalienable rights. This study has investigated the aims of female writers in literature using two novels: Efuru by Flora Nwapa and The Joys of motherhoodby Buch Emecheta. These two authors have artistically used their novels to expose the ugly experiences of women in a male dominated society. This work however discovers in dismay that in most cases, women maltreat their fellow women in the name of tradition. The significance of this work derives in the fact that it joins the voices of previous researchers to encourage women, both readers and writers to rise up and be liberated from the long craws of male chauvinism. The researcher therefore believes that these complementary efforts shell help in proving suitable society where women are to be recognized.