International Human Rights Treaties Research Articles

Externalization of Border Controls as a Violation of Human Rights of Irregular Migrant Children: A Global Dilemma

Various States have resorted to stringent border controls as irregular migrants sought to enter their territories within the past few years. These externalised border controls are sometimes, strictly enforced to the extent that irregular migrants—particularly vulnerable migrants such as unaccompanied minor children are arbitrarily detained in detention centres—the living 040conditions of which are in express violation of various international human rights treaties. This article examines the validity of these border controls which continue to negate the human rights of these irregular migrant children, and the role which the international community plays in upholding these established human rights The article discusses the extent to which these externalized border controls are enforced in Australia and across the European Union in law and in practice. The article concludes by proffering recommendations which facilitate a global harmonised governance system for irregular migrant children.

Topical Issues of Criminal Liability of Medical or Pharmaceutical Workers under the Criminal Code of Ukraine (Article 140 of the Criminal Code of Ukraine)

The issues of Improper protection of rights and legal interests of the patients due to improper performance of professional duties by a medical or pharmaceutical worker are considered. In particular, problems arising during the application of the norm of criminal liability for specified socially dangerous acts are considered. At the same time, cases of serious consequences to the patient's life and health due to a medical error or actions of medical or pharmaceutical workers committed in the absence of fault are considered although they result in the death of the patient or other grave consequences. Particular attention is paid to iatrogenic mental illness, caused by improper professional activity of the medical workers and peculiarities of the psyche of the patients. Particular attention is paid to the study of the practice of the European Court of Human Rights regarding the legal guarantee of the right to life in Ukraine in the context of criminal proceedings. Ukraine is a party to virtually all international human rights treaties. It imposes on it the obligation to adhere to European norms in the field of human protection. The need for comparative study of laws and effectiveness of their application at the present stage of society's development is due to the process of globalization affecting today not only economic and political processes but also the process of lawmaking. This requires the lawyers of different countries to join in the development of the theoretical foundations of lawmaking to formulate in the aggregate knowledge about the effect of laws based on world legal traditions and experience of the separate states. The complex structure of the health care organizations has led to the need for new models of healthcare professionals to ensure the quality of care and patient safety. In the current situation, patient safety is one of the new challenges faced by the medical students in undergraduate and postgraduate education. This involves incorporating a patient safety culture into curricula, in particular for the doctors and other health care professionals. The scientific article is aimed at solving the issues of criminal law protection as the rights of people in need of the medical services as well as medical and pharmaceutical workers who provide these services.

한반도 통일의 국제법적 함의 : 자결권의 민주주의적 성격에 착안하여

The possible reunification of the two divided Koreas on the Korean Peninsula has presented various important and interesting international legal problems. In this paper, I argue that the contemporary understanding of the principle of self-determination may provide the normative justification for Korean reunification in the future, but it also may demand that the two divided Koreas comply with the essentials of self-determination as members of international society.BR First of all, the reunification of the two divided Koreas should be understood as a process of the exercise of the right to self-determination for all Korean people, as they are entitled to determine their political, economic and cultural status as holder of the right to self-determination. It is to be noted, in this regard, that self-determination has not only been a fundamental principle of international law, but also a right ‘reserved’ for peoples guaranteed in international human rights treaties. Undoubtedly, the Korean people living on the Korean Peninsula have satisfied the definition of the concept of a people, even if the concept of a people for the purpose of international law still remains elusive. More importantly, self-determination seems to have gained the status of a jus cogen norm, or peremptory norm, of international law binding all members of international society without exception. This means that as long as the two Koreas pursue reunification in connection with the realization of the right to self-determination for all Korean people, no country in the world would object to it.BR Secondly, the birth of a reunified Korea as an independent state in future should imply that the two democratic political regimes on the Korean Peninsula will merge into one single democratic state. Under contemporary international law, the principle of self-determination embraces two distinct and mutually related aspects of external and internal self-determination. While external self-determination stands as the justificatory ground for the creation of a new state through independence from foreign colonial rule or foreign occupation, internal self-determination will signify the democratic guarantees of the political process for all people residing in a self-determining territorial unit (or state). In other words, internal self-determination is a continuing democratic process, even if external self-determination has been exercised and exhausted within a territorial unit (or state). Although the democratic structure of a state may vary from state to state, without necessarily and exclusively being confined to the Western type of liberal democracy, the wills and wishes of people in a sovereign state must be respected in its domestic political process. From this perspective, the reality of the two Koreas seems to be very unsatisfactory and even problematic. South Korea has achieved democratization, at least procedurally, since 1987, yet its democracy still needs to be improved and reformed in terms of the full enjoyment of substantive democracy. North Korea has been one of the most notoriously undemocratic and dictatorial countries in the world, with serious violations of human rights for the North Korean people.BR Lastly, the reunification of the two Koreas should not only be carried out in the interest of all Korean people but also all ethnic minority groups residing on the Korean Peninsula. The pursuit of the reunification of the two Koreas should respect standards of international law on ethnic minority protection. This is because the internal aspect of self-determination requires (mandates) the protection of ethnic minority groups residing in a nation state.BR Self-determination may provide a fundamental justification for the reunification of the two divided Koreas in international society, but at the same time it also requires that the two divided Koreas comply with the essentials of self-determination in light of democracy and ethnic minority protection in order to make progress towards reunification in the future.

Opportunities and constraints on human rights education when academic freedom is not guaranteed: the case of Vietnam

In Vietnam, academic freedom is not guaranteed. This is especially so in relation to politically sensitive subjects such as human rights. This paper discusses how human rights education (HRE) can develop in such contexts. The Government of Vietnam is a signatory to various UN treaties and, consistent with its obligations, has encouraged the development of specialist human rights degree programmes and the introduction of human rights content into other degree programmes. The paper considers government’s role in course approval processes, discussing how political sensitivities are addressed and state monitoring operates to restrict academic freedom. It finds that, subsequent to the Government of Vietnam ratifying international human rights treaties, there is a softening of the ideology that ‘human rights’ are an alien concept in a socialist state. The need for HRE and greater academic freedom are recognised, yet HRE is largely restricted to higher education institutions where its implementation is monitored.

The Status of International Law in Jordan

International treaties and customary international law are the most important sources of international law. They have special legal force at the national level, and they are applicable in the legal systems and invocable in the courts of states. However, some states give international law, or certain types of international law like treaties, the status of higher law in their legal systems, while some states give international treaties legal force higher or equal to the Constitution itself. This article examines the status of international law in the Jordanian legal and judicial systems. It confirms that treaties and customary international law have the force of law and able to be invoked before the Jordanian courts. How international law is applied and how the Jordanian courts deal with arguments based on international law are examined in the article. The article argues that the application of international law, mainly international human rights treaties, in the Jordanian legal system can be directly effective, and international treaties and customary rules of international law can be invoked before the Jordanian courts.

The Proof Is in the Process: Self-Reporting Under International Human Rights Treaties

AbstractRecent research has shown that state reporting to human rights monitoring bodies is associated with improvements in rights practices, calling into question earlier claims that self-reporting is inconsequential. Yet little work has been done to explore the theoretical mechanisms that plausibly account for this association. This Article systematically documents—across treaties, countries, and years—four mechanisms through which reporting can contribute to human rights improvements: elite socialization, learning and capacity building, domestic mobilization, and law development. These mechanisms have implications for the future of human rights treaty monitoring.

인권조약의 승계에 관한 국제법적 고찰

Recently, numerous multilateral treaties have been formed that reflect the nature of the organized international community. This, however, creates many challenges that the traditional international community has never experienced. Issues concerning the perpetuation of rights and obligations erga omnes and their interpretation and application mechanisms are typical of these challenges.BR In these circumstances, the newly established states should clarify its agreement to be bound by the treaty through a formal action, rather than relying on the theory of automatic succession of state in respect of international human rights treaties.BR Since there are no clear norms yet to solve the problem of automatic succession in respect of international human rights treaties, the successor state that intends to succeed the international human rights treaty signed by the predecessor state may confirm its intention to succeed itself in the form of a unilateral declaration notified to the related depository. It is not certain whether such a declaration has a declarative or creative nature. Its effect depends on what position the international community has on automatic succession.BR However, given the fact that the current rules on automatic succession of international human rights treaty are gradually being formulated, formal notification of the succession of the related treaty as a sign of will of state is certainly the most stable way in terms of enhancing clarity within international relations and the international legal system.

An International Convention on Refugee Resettlement

Forced migration has been the subject of intense debate in the past 50 years and has spawned a wealth of literature as a result. Few commentators, however, have considered the value or viability of an international agreement on refugee resettlement that would include mandatory resettlement quotas. This article puts forward a proposal for an International Convention on Refugee Resettlement. Such a convention would, I argue, help to address some of the current limitations of resettlement as a solution to the increase in refugee numbers. Appendix 1 contains the suggested wording for such a convention, drawing on several international human rights treaties (particularly the 1951 Convention Relating to the Status of Refugees) as well as resettlement principles and policies set out by the Office of the United Nations High Commissioner for Refugees. Appendix 2 provides explanatory notes for the draft wording. It is hoped that such wording might be of use to those campaigning for the development of a binding, international agreement on resettlement.

Реализация минимальных прав вынужденных мигрантов в странах Европейского союза: опыт Итальянской Республики и Королевства Испания

INTRODUCTION. Forced migration is one of the most difficult global problems. There is a clear interdependence between the problem of refugees and the issue of human rights, since human rights violations are one of the main reasons for the mass exodus of people from their countries of origin. It is also clear that counties that provide asylum have a sustainable practice of respecting the human dignity. Forced migrants have rights that must be respected during all stages of the exodus. We are talking about the fundamental rights and freedoms proclaimed in international and regional human rights treaties, primarily the protection of human dignity and the restoration of the minimum rights of people who left their countries of origin. This article discusses the problems of realization of the minimum rights of forced migrants, that is, those rights that guarantee survival and an adequate standard of living. The authors conduct a detailed study of national legislation in the field of forced migration of such European countries as Italy and Spain. In particular, this article analyzes recent legislative changes adopted in this countries in the field of asylum and the consequences for the realization of fundamental rights of refugees and asylum seekers. MATERIALS AND METHODS. This research is based on the analysis of the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966, the Geneva Convention relating to the Status of Refugees of 1951, the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, European Social Charter of 1961, European Union Charter of Fundamental Rights of 2000, UNHCR standards for receiving asylum seekers, and also an in-depth analysis of the national legislation of Italy and Spain in the field of forced migration. The methodological basis of the research consists of both general scientific (comparative historical and statistical methods, methods of generalization and systems analysis, case-study approach) and specific scientific (formal legal and comparative legal methods, method of interpretation of legal norms) research methods. RESULTS OF RESEARCH. On the basis of the analysis of international treaties, European and national legislation, judicial practice of states, as well as doctrinal studies of different researches, the authors formulate some conclusions related to the main problems of legislative regulation and the implementation of minimum rights of forced migrants in such EU member states as Italy and Spain. DISCUSSION AND CONCLUSIONS. Despite the existence of international and, in particular, European standards in the field of human rights, practically those rights that are necessary for survival and maintenance of an adequate standard of living of people who have applied for asylum are not always fully respected. The experience of the Italian Republic and the Kingdom of Spain shows that fundamental rights of refugees can be often violated both during the examination of asylum applications and after their satisfaction. The absence of a unified legislative base, the tendency to pursue a more restrictive policy in the field of forced migration and unresolved problems of asylum legislation entail significant impediments for the realization in these countries of the basic rights of one of the most vulnerable category of people as forced migrants.

The Mexican General Law on the Forced Disappearance of Persons, Disappearances Committed by Individuals and the National Missing Persons System: How Many Steps Forward?

In 2017, more than 40 years after some of the first documented cases of forced disappearance in Mexico, the General Law on the Forced Disappearance of Persons, Disappearances Committed by Individuals and the National Missing Persons System was published. The approval and enactment of the General Law constitutes a step toward ensuring the free and full enjoyment of human rights of victims of forced disappearance and their next of kin, in accordance with the international human rights standards concerning forced disappearances established by international human rights treaties, the Inter- American Court of Human Rights case law, the recommendations issued by the United Nations Committee and Working Group on Forced or Involuntary Disappearances, and the Inter-American Commission on Human Rights. The General Law introduces and modifies institutions, procedures and guidelines that contribute to ensuring the rights to justice, truth and reparation. However, the General Law does not fully comply with international human rights standards regarding military jurisdiction and criminal responsibility within the chain of command. Also, the proper and effective implementation of the General Law requires strong political will and sufficient material and human resources from the three levels of government. Otherwise, the General Law will simply be regarded as a piece of paper.

A Study on the Right of Access to Information in International Human Rights Treaties

A Study on the Right of Access to Information in International Human Rights Treaties

The Missing Piece: Domestic Civil Society Access to Human Rights Treaty Bodies

Since 2009, the United Nations has been engaged in a process of ‘strengthening’ the human rights treaty body system which monitors the implementation of the core international human rights treaties. The number of human rights treaty bodies has, over time, expanded to ten, with each treaty body independently tasked with monitoring an increasing number of States Parties’ compliance with human rights treaties and optional protocols. This proliferation has in turn precipitated the need for a process to improve the overall functioning of the system. While significant attention has been dedicated in the treaty body strengthening process to the issue of States Parties’ under-reporting and capacity deficits, comparatively little attention has been directed towards accessibility issues, capacity building, and technical assistance for domestic civil society organizations (CSOs) - groups whose informed and active participation are essential to the proper functioning of the entirety of the treaty body system. In light of this lack of attention, an ecosystem of intermediary non-government organizations (NGOs) has emerged organically to provide much needed capacity building, advisory services, and technical assistance to domestic CSOs looking to engage with treaty bodies. However, the ad hoc nature in which these intermediary NGOs have emerged and the lack of formalized institutional relationships with treaty bodies has resulted in a number of systemic issues that desperately need to be addressed in the treaty body strengthening process. This paper will discuss the ongoing process of treaty body strengthening, current services provided by intermediary NGOs to assist domestic CSOs in engaging with human rights treaty bodies (as well as the Universal Periodic Review), gaps within the current framework, and recommendations to improve access for domestic CSOs within the current treaty body strengthening process.

A INCOMPATIBILIDADE DA TARIFAÇÃO DA INDENIZAÇÃO POR DANO EXTRAPATRIMONIAL TRABALHISTA À LUZ DOS DIREITOS HUMANOS E DOS DIREITOS FUNDAMENTAIS

O presente estudo lança um olhar sobre a Reforma Trabalhista, no ponto em que introduziu, na Consolidação das Leis do Trabalho, um sistema tarifário prévio e abstrato de valores indenizáveis dos danos extrapatrimoniais tendo por parâmetro o salário contratual do trabalhador. A partir da análise da diretriz axiológico-normativa constitucional da tutela dapessoa humana, da centralidade dos direitos fundamentais e sociais, do valor social do trabalho, do princípio constitucional da isonomia e diante da “indenizabilidade irrestrita” do dano moral (extrapatrimonial) prevista no art. 5º, incisos V e X, da Constituição da República, ao final se conclui que a tarifação do dano extrapatrimonial na esfera laboral apresenta grave vício material de inconstitucionalidade e contraria diversos tratados internacionais de direitoshumanos.

Odgovornost države zbog korporativnih kršenja ljudskih prava u svjetlu prakse suda u Strazburu

On the one hand, business entities have a huge potential to contribute to economic and social progress and consequently to the advancement of human rights. On the other, violations of human rights connected with business are very common. Although the Universal Declaration of Human Rights (UDHR) calls upon every organ of society, and thus business entities, to promote respect of human rights, the subsequent international human rights treaties, including the European Convention of Human Rights (the Convention), only oblige States to respect, protect and fulfill human rights. Against this backdrop, an attempt has been made to analyse the case-law of the European Court of Human Rights (the Court) with respect to the State's responsibility for business-related human rights violations. The analysis reveals that the State will bear responsibility for business-related human rights violations if acts or omissions of a business entity, amounting to a violation of a particular right guaranteed under the Convention, can be directly attributed to that State. This would occur, for instance, in case a company is considered a governmental organisation or where the State empowers a business entity to perform public authority functions. In this situation, the State would be responsible for violating its negative obligations under the Convention, namely its obligation to refrain from conduct that breach human rights through its own action or those of its agents. Furthermore, the State will bear responsibility for business-related human rights violations if it fails: (a) to regulate business activities in order to prevent business-related human rights violations; (b) to investigate business-related human rights violations; and (c) to establish effective remedies for this kind of human rights violations. In these situations, the State would be responsible for violating its positive obligations under the Convention. This paper describes the State responsibility for violations of its negative obligations in business and human rights context as a direct responsibility for business-related human rights violations while its responsibility for violation of positive obligations describes as indirect State responsibility for business-related human rights violations. The analysis also reveals that despite the Court's intention to interpret the Convention in accordance with general rules of international law, including rules on the State's responsibility for internationally wrongful acts, it has its own specific approach. In determining whether the State can be held directly responsible for acts or omissions of business entity the Court combines several criteria. It takes into account: (a) the company's legal status (under public or private law); (b) the nature of its activity (a public function or an ordinary commercial business); (c) the context of its operation (such as a monopoly); (d) its institutional independence (the extent of State ownership); and (e) its operational independence (the extent of State supervision and control). Through the dynamic interpretation of the Convention and the elaboration of the concept of positive obligations, the Court has, to a certain extent, succeeded in providing individual protection at international level for business-related human rights violations.

INTERIM MEASURES REQUESTED BEFORE INTERNATIONAL COURTS AND INTERNATIONAL QUASI-JUDICIAL BODIES IN THE PROTECTION OF HUMAN RIGHTS: DO THEY ALSO PROTECT THE RIGHT TO PARTICIPATE IN PUBLIC AFFAIRS?

The adoption of precautionary measures by international courts and the indications regarding their adoption by quasi-judicial bodies in the protection of human rights have been a fundamental element in guaranteeing effective judicial protection of individual rights recognized in International Human Rights Treaties. However, the exceptional and urgent character of these measures, the indeterminacy of the requirements for their adoption, and the discussions on their legal nature have raised a number of problems in practice. These issues are being resolved on the basis of the case law originating from these courts and bodies, which will inevitably lead to the existence of certain particularities with respect to the solutions offered according to the given system of human rights protection. In fact, one of these particularities concerns the material scope of protection. The present contribution focuses on the adoption of precautionary measures in the protection of political rights, particularly with regard to the right to take part in the conduct of public affairs, on which the various international human rights protection systems have unique positions.

Gender Parity in Parliament: A Panacea for the Promotion and Protection of Women's Rights in Nigeria

Women’s rights are part of the fundamental human rights that are recognised in international human rights treaties. While Nigeria has acceded to a number of international instruments on the promotion and protection of women’s rights, women in this country have yet to realise their rights. The Nigerian Constitution requires that international treaties be domesticated before they apply in the country. Most of the international instruments on the promotion and protection of women’s rights have not been domesticated. One of the reasons for non domestication of international human rights treaties accentuating women’s rights in Nigeria is the lack of adequate representation of women in the country’s parliament. This is despite the fact that the right of women to participate in decision making process at all levels is guaranteed in both international and domestic instruments. This paper examined why Nigerian women are not adequately represented in parliament and the implications for the promotion and protection of women’s rights. It concluded that gender parity in the legislative houses is essential to agitate for and promote women’s rights in this country.

The Hunted: UDHR and Africans with Albinism

ABSTRACTAcross Africa, persons with albinism continue to be the main casualties of occult killings, yet very little intervention is provided by states to safeguard them from their persecutors. The year 2018 commemorates the 70th anniversary of the Universal Declaration of Human Rights (UDHR), which entreats governments to protect their citizens from such brutalities. Whereas the Declaration has inspired the adoption of many (international and regional) human rights treaties, all declaring protection for the rights of persons with albinism, it is evident that this group is yet to reap the fruit of the human rights revolution triggered by the UDHR over the last seven decades. The article argues that, although African governments remain the primary custodians of Africans with albinism, the burden of violence often visited on this group constitutes “persecution” under the UDHR and therefore the international community has a role to play in safeguarding this group.

Realization of the Right to Education

This paper evaluates the state of education as a human right and demonstrates that it is possible to implement and ultimately protect the right to education within a domestic context. Despite its importance, the right to education has received limited attention from scholars, practitioners and international and regional human rights bodies as compared to other economic, social and cultural rights (ESCRs). NGOs have been increasingly interested in using indicators to measure and enforce a state‘s compliance with its obligations under international human rights treaties. Education is one of the few human rights for which it is universally agreed that the individual has a corresponding duty to exercise this right. This paper first of all draws up an inventory of the many international instruments which mention the right to education and analysethem in order to obtain a more precise idea of the content of this right, which often appears blurred. The paper also discusses the right to education as it is guaranteed in articles 13 of the Covenant on Economic, Social and Cultural Rights (ICESCR), article 28 of the Convention on the Rights of the Child (ICRC) and article 13 of the Protocol of San Salvador. The enjoyment of many civil and political rights, such as freedom of information, expression, assembly and association, the right to vote and to be elected or the right of equal access to public service depends on at least a minimum level of education, including literacy. Similarly, many economic, social and cultural rights, such as the right to choose work, to receive equal pay for equal work, the right to form trade unions, to take part in cultural life, to enjoy the benefits of scientific progress and to receive higher education on the basis of capacity, can only be exercised in a meaningful way after a minimum level of education has been achieved. Similarly, this paper discusses education in Kenya as a basic need and a human right (enhancing access, participation, retention, achievement and quality of schooling) to girls and boys and by extension women and men especially with the promulgation of the new Constitution of Kenya 2010 that recognizes education as a Bill of Rights and everyone is bound by the Bill of Rights. This means that all people in Kenya must respect education as a human right. The Bill binds all government institutions and state officers. They are required to respect human rights and deal appropriately with the special needs of individuals and groups in our society. In this paper, the provision of education in the first 4 to 18 years of schooling is considered to be basic, thus a basic right in Kenya

La protección internacional de los derechos sociales: una perspectiva internacional

Este artículo tiene dos objetivos fundamentales: (a) estudiar la relación existente entre el marco internacional de protección de los derechos sociales y el mecanismo nacional previsto en Filipinas; y (b) analizar el modo en que la Corte Suprema de Filipinas ha aplicado dicho marco internacional en algunos de sus casos más significativos.A lo largo del artículo, el escritor se encargará de fijar los principios constitucionales a partir de los cuales los tratados y normas internacionales sobre protección de derechos sociales son aplicados en Filipinas. Se afirmará que la doctrina se ha vuelto especialmente instructiva a la hora de abordar la preocupación de los derechos sociales a nivel nacional. La postura de los magistradores filipinos respecto a la aplicación de esta doctrina será citada mediante las decisiones más relevantes de la Corte Suprema.El escritor llevará a cabo un estudio de las respuestas dadas por el Gobierno de Filipinas al catálogo de problemas presentado por el Comité de Derechos económicos, sociales y culturales el 18 de agosto de 2016 para demostrar cómo los acuerdos sobre protección de los derechos sociales sirven como instrumento de fiscalización para garantizar el cumplimiento por parte de los Estados Miembros de las Naciones Unidas de los compromisos contraídos en materia de Derechos Humanos, en particular, el Pacto Internacional de Derechos Económicos, Sociales y Culturales. También se hará referencia a los desafíos a los que debe enfrentarse un país en vía de desarrollo como Filipinas a la hora de cumplir estos parámetros.Una parte del trabajo se centrará en dos casos significativos que muestran la creatividad de la Corte Suprema filipina a la hora de aplicar las normas internacionales sobre protección de derechos sociales.Finalmente, se concluirá afirmando que el cumplimiento del marco internacional de protección de los derechos sociales por parte de un país en vía de desarrollo requiere una especial sinergia por parte de los principales ejecutores del Gobierno. Así, el origen de la pobreza y el subdesarrollo en un país como Filipinas debe ser directamente confrontado a a través de un paradigma de reformas más intensas, como procesos pacíficos que conduzcan a un cambio constitucional, si fuese necesario.Recibido: 12 abril 2018Aceptado: 25 junio 2018Publicación en línea: 03 agosto 2018

A audiência de custódia e seu papel como instrumento constitucional de concretização de direitos

This article deals with the institution, in Brazil, of the custody hearing (also called a presentation hearing) from a perspective of a custodian. It is a qualitative research structured from the theory of fundamental rights and protection of the dignity of the human person. In order to do so, the authors analyze the established rules for the custody hearing in international human rights treaties, as well as their incorporation into the Brazilian legal system. In the same way, the authors analyze the situation of the Brazilian prison system and possible violations of fundamental rights in it. Following, the authors specifically address the custodial audience and its importance in the realization of rights, presenting its final considerations.Keywords: Human rights, criminal proceedings, prison, custody hearing, presentation audience, dignity of human person, realization of rights.