International Legal Standards Research Articles

INTERNATIONAL AND NATIONAL LEGISLATION ON DOMESTIC VIOLENCE PREVENTION AND COMBATING

Domestic violence remains a critical issue that negatively affects the physical and mental health, economic status and social integration of victims. The purpose of the study is to summarise international and Ukrainian legal norms, standards and policies aimed at preventing and combating domestic violence. Research methods: comparative analysis and content analysis to study international conventions, national legislation and regulations. International and national legal acts are aimed at ensuring effective countermeasures against this phenomenon, protecting the rights of victims and creating conditions for the prevention of violence. In general, as of today, a sufficiently strong legal framework has been created to combat cases of domestic violence, and this also applies to Ukrainian legislation, which also tries to respond to existing challenges by adopting a number of laws and by-laws. The state has also introduced a number of mechanisms to support victims, including social and psychological assistance centers, shelters, and mobile teams. The results of the study showed that international documents such as the UN Charter, the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the Istanbul Convention play an important role in shaping the legal framework for combating domestic violence. In Ukraine, the legal framework also includes a number of legislative acts, such as the Law of Ukraine ‘On Preventing and Combating Domestic Violence’, which provides for comprehensive measures to protect victims. However, the problem of domestic violence remains relevant and requires further research and legal improvements to ensure effective implementation of international standards and improve the effectiveness of national measures.

Integrating Global Norms for Gender Equity in Kazakhstan: Aligning Workplace and Social Security Legislation with Sustainable Development Goals

Objective: This study investigates the impact of international standards on shaping national approaches to gender equality, focusing on Kazakhstan’s legal and social frameworks. Theoretical Framework: This research is based on theoretical perspectives regarding implementing international law, offering a foundation for understanding how global norms influence national policies. Method: A multidisciplinary methodology is applied, including comparative legal analysis, normative-legal methods, systems analysis, and legal modeling. Forecasting techniques are also used to anticipate future trends in the alignment of national policies with international gender equality standards. Results and Discussion: This study identifies several critical challenges that Kazakhstan faces in reforming its social and labor policies to align with international standards. Significant institutional and legal barriers hinder progress in promoting gender equality and eliminating discrimination. The discussion focuses on these obstacles and examines their implications for policy development and implementation. Research Implications: The findings of this study contribute to academic research and policy development by enriching the scientific discourse on gender equality and offering recommendations for integrating international standards into national legislation. This study not only provides a theoretical basis but also offers practical ideas for improving policies and legal frameworks. Originality/Value: This study sheds new light on the relationship between international legal standards and national legislation. It offers practical recommendations for advancing gender equality and supports the achievement of Sustainable Development Goal 5 (SDG 5) by promoting the empowerment of women.

The system of international legal norms and principles – the basis of legal regulation of the activities of national law enforcement bodies

It is indicated that the introduction of advanced international and European norms regarding the functioning of law enforcement agencies into Ukrainian legislation is a key indicator that the country not only declares a sustainable course for the democratization of all aspects of public life, but also takes concrete measures for its implementation. Ukraine has made significant progress in this direction, but there are still a number of challenges, the legal analysis of which will contribute to the further approximation of the domestic system of law enforcement agencies to global and European standards. In this context, one of the priority areas of scientific research is the justification of the need to update and improve the ethical codes of conduct of law enforcement officers based on international standards. This task becomes particularly relevant in view of the need for constant improvement of professional ethics and standards of behavior in the law enforcement sphere. This approach will not only improve the efficiency of law enforcement agencies, but also strengthen public trust in them, which is crucial for building the rule of law and civil society. In addition, it will allow Ukraine to demonstrate its commitment to the principles of the rule of law and the protection of human rights in the international arena. The article examines the system of international legal norms and principles that form the basis of legal regulation of the activities of national law enforcement agencies. Two groups of international standards are distinguished. The first group includes international legal acts that declare human rights and freedoms, primarily those that may be violated by the unethical behavior of law enforcement officers as representatives of state bodies. The second group represents international legal standards of professional and ethical behavior of employees of a specific law enforcement agency, the norms of which directly indicate the proper behavior of law enforcement officers in a specific area of law enforcement activity (judicial, prosecutorial, police, investigative, etc.). The main emphasis is on the need to cover the rules of professional ethical behavior of employees of all law enforcement agencies without exception, including those legally endowed with special rights and competence.

Regulatory and legal component of administrative regulation of probation

The article examines the normative-legal component of the administrative regulation of probation.Itwasdeterminedthattheadministrative and legal regulation of probation is a set of legal norms and mechanisms that determine the order of organization and implementation of probation measures in the state, the competence of state bodies, their duties and rights regarding control over the implementation of probation measures and interaction in this area with the courts , law enforcement agencies and social services. It is noted that probation is a system of supervision, control and social-educational measures applied by court decision to offenders instead of imprisonment or as a substitute for punishment, includes individual supervision, assistance in resocialization and measures aimed at preventing repeated crimes and ensuring safety society, while integrating the offender into social life without isolation. It is emphasized that the NPA system of administrative and legal regulation of probation includes international legal standards, national NPAs, including Acts of central executive bodies, local normative acts, agreements, methodological recommendations, etc., the norms of which are aimed at the development of alternative punishments, provision of rehabilitation and social support of offenders, regulation of the organization and implementation of probation in Ukraine, determine the legal basis for the activity of probation authorities, and also establish the procedure for providing probation services for persons who have committed a criminal offense. It was determined that the shortcomings of the administrative and legal regulation of probation are: the imperfection of the legislative framework, violation of the probation procedure, clear criteria for assessing the convicted person and the system for assessing the risks of recidivism, the mismatch of resources and the burden on the system, the low level of coordination between subjects of probation, the prevalence of ineffective methods of psychological works; society is not aware of the purpose and mechanism of probation, etc. It has been stated that the prospects for improving the normative-legal basis of the administrative-legal regulation of probation in Ukraine are: harmonization of legislation with international standards, institutional strengthening of the probation system, expansion of various approaches to probation, improvement of mechanisms for rehabilitation and support of offenders, involvement of public organizations, development of electronic monitoring systems , expanding educational programs for probation officers, increasing funding, research and analysis of probation effectiveness, etc.

Relevance of Religious Court Decisions on Marriage to National Development Policy Directions: A Legal and Social Analysis

The results show that the Religious Courts play an important role in harmonising Islamic law with national development policies and international legal standards, particularly in the context of protecting the rights of women and children. However, challenges exist in harmonising interpretations of Islamic law with the principles of human rights and gender equality guaranteed by international conventions such as CEDAW. This research uses a qualitative approach with a case study method to analyse the relevance of Religious Court decisions related to marriage to national development policies as well as their relationship to international law. Primary data was obtained through analysis of Religious Court decisions in several regions of Indonesia in the last five years covering marital issues such as divorce, polygamy, child custody, and division of joint property. Secondary data included national policy documents, such as the RPJMN, as well as international legal instruments such as CEDAW. This research identifies the need for progressive reforms in the Religious Courts system, including capacity building of judges in understanding international law, revision of the Compilation of Islamic Law, and strengthening co-operation between relevant institutions. The innovative contribution of this research lies in its in-depth analysis of how the Religious Courts can serve as a bridge between religious law, national development policy, and Indonesia's international obligations.

Impunity for International Law Violations in the Russia-Ukraine Conflict: Implications for Global Stability

The protracted conflict between Russia and Ukraine, initiated in 2014 and intensified by Russia's comprehensive military incursion in 2022, has elicited profound apprehensions regarding breaches of international legal standards. This article analyzes the ramifications of the conflict on global legal structures, with particular emphasis on violations of the United Nations Charter, the Rome Statute, and International Humanitarian Law (IHL). The examination underscores that the actions undertaken by Russia in Ukraine contravene essential tenets of international law, notably the ban on the use of force against the sovereignty of states and the imperative to safeguard civilians amidst armed conflict. The article contends that the military actions undertaken by Russia in its invasion constitute violations of the principles of state sovereignty and territorial integrity as outlined in the UN Charter, contravene the definitions of war crimes and aggression established by the Rome Statute, and fail to adhere to the mandates for civilian protection set forth by International Humanitarian Law. This article examines the complexities associated with prosecuting these violations, highlighting the constraints faced by international institutions such as the International Criminal Court (ICC) and the UN Security Council. The analysis highlights the necessity of accountability in maintaining the integrity of international law and averting future transgressions, stressing the wider consequences for global stability and the rule of law.

Forced Migration, Deterrence, and Solutions to the Non-Natural Disaster of Migrant Deaths Along the US-Mexico Border and Beyond

Executive Summary The International Organization of Migration has characterized the US-Mexico border as the world’s deadliest land migration route. By August 2024, a minimum of 5,405 persons had died or gone missing along this border since 2014, with record high numbers since 2021. Migrant deaths occur despite decades of: US Border Patrol search and rescue initiatives; public education campaigns targeting potential migrants on the dangers of irregular migration; dozens of academic publications and reports highlighting the root causes of these deaths; efforts by consular officials, local communities, and humanitarian agencies to locate, identify, and repatriate human remains; and desperate attempts by families to learn the fate of their missing loved ones. This paper introduces a special edition of the Journal on Migration and Human Security (JMHS), which draws on original research and the expertise of medical examiners, forensic anthropologists, social scientists, and humanitarian organizations to examine this persistent human tragedy. Many of the authors investigate migrant deaths in their professional capacities. They identify the dead, return remains to family members, and champion reforms to prevent deaths and better account for the dead and missing. This JMHS special edition represents a collaboration between the University of Arizona’s Binational Migration Institute, the Center for Migration Studies of New York (CMSNY), and the Working Group on Mapping Migrant Deaths along the US Southwest Border. The Working Group includes scholars and practitioners from California, Arizona, New Mexico, Texas, and New York who have met monthly since October of 2021. The special edition examines in granular detail the causes of migrant deaths, US border enforcement strategies and tactics, migrant death statistics, and the resource and capacity challenges faced by US counties along and leading from the US-Mexico border in investigating these deaths. The US Department of Homeland Security (DHS) and many public officials attribute the deaths to the predations of human smugglers, the victims’ ignorance or assumption of risk, and the harsh “natural” conditions to which migrants finally succumb. This special issue also documents the underlying non-natural causes of this enduring tragedy, and offers both overarching and more targeted solutions to preventing and minimizing migrant deaths. The issue builds upon and extends seminal research on migrant deaths first featured in CMSNY publications more than two decades ago. Section I introduces the issue of migrant deaths by posing the question: Why should we care? Section II describes the genesis of “prevention through deterrence”—a border enforcement theory and strategy—and its evolution through subsequent Customs and Border Protection (CBP) and US Border Patrol strategic plans. It describes the immense enforcement infrastructure built around this idea by successive administrations and Congresses, and it explains why it has failed to stem irregular migration and how it has contributed to migrant deaths. Section III reviews the main causes of migrant deaths—forced migration, the combined effects of prevention through deterrence and border enforcement tactics, the denial of access to asylum, the border wall, the “naturalization” of migrant deaths, and the dominant vision of the border as a site of danger and exclusion. Section IV reviews the legislative standards for identifying, investigating, and reporting on migrant decedents. It also details the deficiencies of Border Patrol and county-level sources of data on deaths, and it outlines ways to strengthen data collection. Section V discusses the burdens placed on communities along and leading from the border in investigating deaths and their need for greater resources and capacity to address this problem. Section VI outlines the anomalies and challenges related to the Border Patrol’s migrant rescue program. Section VII describes international legal standards to guide the investigation of migrant deaths and two model programs. Section VIII sets forth policy recommendations to prevent migrant deaths and to honor and account for the dead.

International legal standards and practices of European countries in combating domestic and gender-based violence

The relevance of this study lies in the need to improve the legal mechanisms for combating gender-based violence against the background of the increasing number of military conflicts in the world, which create favourable conditions for the latter. The purpose of this study was to analyse the regulatory provisions of international legislation and the practices of certain European countries in preventing manifestations of hatred based on sex and gender and combating domestic violence through criminal law measures. It was stated that legal standards defined by the regulations of international organisations, international treaties, and conventions underlie national and regional standards for combating domestic and gender-based violence. International legal principles of gender equality are defined by the regulatory framework of the United Nations, the Council of Europe, the European Union, and the Organisation for Security and Cooperation in Europe, and other global and European organisations. Human rights provisions recognised by the member states of these organisations through bilateral and multilateral treaties and implemented through ratification are the basis for the formation of national internal standards of the rights of women, children, and persons of all genders. The study concluded that national standards for guaranteeing and protecting human rights in the field of gender equality constitute an implementation of international standards and pan-European provisions, and their implementation in Ukrainian legislation can ensure sufficiently complete and effective implementation of legal measures to combat domestic and gender-based violence. The ideas formulated in this study are aimed at finding more effective criminal law means in lawmaking and law enforcement activities

CHILD PROTECTION AND JUVENILE JUSTICE: LEGAL ISSUES IN BANGLADESH AND MALAYSIA

Child protection and juvenile justice are emerging issues and a major concern for nations across the globe. Considering the importance of child protection, different nations in the world have also given attention to reducing child delinquency by amending their laws on children. Bangladesh and Malaysia have ratified the UN Convention on the Rights of the Child (UNCRC) 1989 and incorporated its principles into their domestic legal framework for child-friendly care and protection of juvenile offenders. Since 2013, there have been many new concepts developed on this issue in the legal systems of both countries. The government of Bangladesh has enacted the Children Act 2013 by replacing the previous Children Act 1974. As a result, Bangladesh can now legally safeguard children’s best interests more effectively. The Malaysian government amended the Child Act 2001 and introduced the Child (Amendment) Act 2016 to protect children and establish institutional treatments for juvenile offenders. The government has also legislated the Sexual Offences Against Children Act 2017 to reduce delinquency. As a result, the child protection and justice systems in both countries have developed new dimensions, as well as preventing the abuse of the vulnerabilities of detained children during pandemic times. The present study analyses the major changes in the juvenile justice process in both countries, especially the protection of children as per the domestic legal framework and at the same time guided by international legal standards. The present study has a qualitative research design and uses content analysis to identify, analyze, and synthesize the content of child-related laws. The findings will be valuable to policymakers, as they point to the need to strengthen the existing legal framework for better child protection within the justice systems of both Bangladesh and Malaysia.

Modernization of national judicial systems in the context of international legal standards

Modernization of national judicial systems in the context of international legal standards

Impact of international legal standards on the competence and specifics of national judicial and other law enforcement agencies.

Impact of international legal standards on the competence and specifics of national judicial and other law enforcement agencies.

Relevance of international legal and national standards of safety of navigation and the role of classification societies in the context of modern challenges and innovations in shipbuilding

The relevance of international legal and national safety standards for shipping is growing due to modern challenges, such as innovations in shipbuilding, climate change and growing requirements for environmental safety, which underlines the important role of classification societies in this process. The purpose of the study was to analyse the impact of international and national safety standards on modern shipbuilding and to assess the role of classification societies in ensuring the safe operation of ships. The study applied the methods of system analysis, comparative law and empirical modelling. The main results of the study are the identification of the need for further harmonization of international legal standards with national requirements, improvement of the role of classification societies in monitoring innovations in shipbuilding, and formulation of proposals for improving the environmental safety of shipping. In addition, the paper identifies the prospects for using the latest technologies to improve safety standards in maritime transport. In particular, the article focuses on the role of classification societies in ensuring that ships comply with these standards, as well as their contribution to the introduction of innovations in shipbuilding. The study contains an analysis of current regulations and standards governing shipping safety, as well as cases of their implementation in practice. The key changes in ship safety requirements in view of current risks, including environmental challenges and increased quality requirements, are identified. The practical value of the work lies in the possibility of using the results obtained by both regulatory authorities and shipbuilding companies to improve internal safety standards and support international certification

Evolution of International Legal Standards Regarding Responsibility for Violations of Laws and Customs of War (Second Half of the XIX-th – First Half of the XX-th Century)

This article examines the evolution of international legal standards aimed at defining responsibility for violations of laws and customs of war from the second half of the 19th century to the first half of the 20th century. It emphasizes that war is undoubtedly one of the most dreadful events that can impact people’s lives and society. However, if it is not controlled or conducted in accordance with international norms and standards, its consequences can be even more devastating and catastrophic. Since the beginning of the full-scale armed aggression of the Russian Federation against Ukraine, the term «violation of laws and customs of war» has become widespread. Responsibility for such actions is provided for by Article 438 of the Criminal Code of Ukraine. However, the criminalization of this act is not related to Ukraine’s domestic legal order, as violations of laws and customs of war are an international crime that causes serious harm to people, economic objects, and cultural heritage, creating a high level of societal danger. The article covers an analysis of key international documents such as the Geneva Conventions, decisions of the Hague Conferences, and UN resolutions, exploring their influence on shaping legal norms in this area. It examines changes in legal regulation, their causes, and consequences, as well as the role of specific individuals and historical events in this process. This research is important for understanding past experiences in the context of current challenges and conflicts, as well as for further development of international law and ensuring the protection of human rights during armed conflicts. In conclusion, it is noted that the second half of the 19th and the first half of the 20th centuries witnessed significant development of international legal standards concerning responsibility for violations of laws and customs of war. This period was crucial in shaping the fundamental principles of international humanitarian law aimed at protecting human rights during armed conflicts. As a result of this process, a series of international treaties and conventions were adopted, which established rules of conduct in armed conflicts and mechanisms for accountability for their violations. These standards have been an important step in humanizing war and protecting human rights during armed conflicts.

The role of international institutions in stabilising the global legal order: Assessing impact and effectiveness

Abstract The article delves into the complexities of defining legal world order and security in the aftermath of the Cold War, investigating how the notion of security has broadened in the era of globalisation. It aims to evaluate different theoretical frameworks concerning international security and their adaptation to changes in the global environment. The research uses dialectical and hermeneutic principles to dissect the topic. It employs systemic-structural and functional methods to explore the involvement of international organisations in global security. A range of research methodologies, including analogy, historicism, formal-logical analysis, and situational analysis, are employed to delve into the studied matters. The article underscores various significant discoveries, notably the waning influence of the United Nations (UN) as a comprehensive global institution today. It stresses the importance for the global community to confront the geopolitical shifts and difficulties of the 21st century. Presently, global politics are marked by enduring instability, and the current peacekeeping and conflict resolution mechanisms need to demonstrate more in tackling contemporary hybrid challenges and threats. The article concludes by asserting that the current framework for handling international affairs needs to be revised to meet the demands of the 21st century. It emphasises the necessity of simplifying interactions among independent nations, updating collaborative institutions, and forming a capable supervisory entity to bolster global security. The research advocates for establishing fresh international legal standards covering diverse areas of global cooperation and reinforcing international organisational frameworks to address evolving global issues. The successful and prompt execution of these strategies is deemed crucial for the well-being of humanity in the future.

Compliance Guidelines and their Cultural Context

Cultural influences are aspects that cannot be resisted, even in an internationally networked and globalized world. This raises the question, to what extent compliance regulations and guidelines are also influenced by national cultures? With the help of a qualitative document analysis of three compliance documents from the EU, the US and China and the cultural dimensions according to Hofstede as the theoretical underpinning, the author was able to find identical elements in the compliance programs, such as training and auditing, but also national focuses. The design of the national guidelines is characterized by the trade-off between international legal standards or the same legal attitudes of countries, which is why existing guidelines may be used as a template for other countries, and the respective national priorities and cultural differences at the same time. However, from a cultural perspective, hardly any specifics could be identified in the documents. The results intend to represent an initial starting point for further research to determine whether (at least in the textual formulation) compliance guidelines should be given cultural adaptations in order to achieve a stronger compliance intention, whereby compliance documents for multinational companies or a group of states such as the EU certainly may pose challenges.

International legal standards of the legal regulation of the protection of the rights of athletes when receiving professional injuries

International legal standards of the legal regulation of the protection of the rights of athletes when receiving professional injuries

Protection of Personal Non-Property Rights of Spouses in the Practice of The European Court of Human Rights: A Crucial Investigation

Objective: This study investigates the peculiarities of spouses' non-property rights in the European Court of Human Rights (ECHR) case law, aiming to understand how these rights are protected and restored in different legal contexts. Theoretical Framework: The study is based on principles of international human rights and family law, focusing on the right to parenthood, personal development of spouses, non-discrimination, and respect for honor and dignity. The ECHR's framework for protecting these rights provides a solid basis. Method: The research employs a qualitative analysis of ECHR case law, examining relevant legal documents, court decisions, and literature on non-property rights. Data collection involved analyzing ECHR rulings and Ukrainian family law. Results and Discussion: The results show that protecting spouses' non-property rights is crucial for citizens' security and stability. The study highlights how states manage these rights and the ECHR's role in restoring them. The discussion emphasizes national and international law implications, noting discrepancies in current protections. Research Implications: This research not only provides insights into legal mechanisms for protecting spouses' non-property rights but also underscores the practical implications of a robust legal framework and the role of the ECHR in safeguarding these rights, potentially influencing policy and legal practice. Originality/Value: The study contributes to the literature by analyzing the protection and restoration of spouses' non-property rights in ECHR case law. Its originality lies in focusing on the intersection of family law and human rights, highlighting the value of international legal standards in enhancing national protections. This research informs policy and legal practice in family law and human rights.

ACTIVITIES OF THE STATE LABOR SERVICE OF UKRAINE: STRENGTHENING OF LABOR STANDARDS, MONITORING OF COMPLIANCE WITH LABOR LEGISLATION AND INTERNATIONAL COOPERATION

An attempt was made to comprehensively analyze the activities of the State Labor Service of Ukraine as the central body of the executive power, its control and supervisory powers, the reform process, which should serve to increase the efficiency of its activities, the perception of the State Labor Service, first of all, not as a punitive, but as a service body, to change working conditions labor inspectors, implementation of international legal standards, in particular, in light of the implementation of the provisions of the Association Agreement with the EU. The mission of State Labor Service of Ukraine, as this body considers it, is to ensure declared (control over the registration of labor relations), safe (during the performance of work in all areas: from metallurgy to hospitals and schools), paid (timely and full payment of wages, compliance minimum size and minimum payment guarantees), as well as healthy (monitoring of medical examinations, the presence of harmful factors during working months) labor relations. This activity is primarily aimed at protecting the rights of employees, but, based on consultations with the parties to the social dialogue, it should also support the other side of labor relations - employers, by providing recommendations, advisory assistance, conducting voluntary audits, etc. The content of the main international norms, which contain standards regarding the activities of labor inspectors - ILO Conventions No. 81 and No. 129, as well as the Protocol of 1995 to the Convention on Labor Inspection of 1947 (No. 81) is analyzed, the need for their implementation into Ukrainian legislation is emphasized. The task of labor inspection, its status, organization and main powers of labor inspectors in industry, trade and agriculture, defined in these international normative acts, are given. An overview of the content and tasks of a number of international projects with the participation of the State Labor Service of Ukraine, as well as their main results, was carried out. Some issues of distinguishing between supervision and control, problematic issues of its implementation, and opinions of legal experts regarding ways to solve them are analyzed. The main modern problems in the field of labor relations as a whole are highlighted: still a high share of undeclared labor relations, which entails a number of problems for employees, employers and the state, the relocation of enterprises from the east of the country in connection with armed aggression against our state, the need to ensure healthy and safe conditions at the workplace, etc. The main shortcomings in the activity of State Labor Inspectors of Ukraine are outlined, in particular, heavy workload, low wages, limitations in activity caused by inconsistency of legislation.

CONCEPT AND CHARACTERISTICS OF INTERNATIONAL LEGAL REGULATION OF THE RIGHTS OF PERSONS WITH DISABILITIES IN THE SPHERE OF SOCIAL PROTECTION

The article extensively examines the issues of international legal regulation of social protection for persons with disabilities and identifies its main characteristics. An analysis of the compliance of Ukrainian national legislation with international legal standards, including conventions and treaties regulating this issue, is conducted. Acts of international law at both the general and regional levels that define the rights and obligations of states in the field of social protection for persons with disabilities are analyzed. Special attention is paid to the role of the European Court of Human Rights in ensuring the protection of the rights of persons with disabilities in the field of social protection. The contribution of Ukrainian scholars to the development of scientific thought on social protection for persons with disabilities is also investigated, indicating Ukraine’s active participation in this international issue. The article also focuses on the historical context of the formation of international legal regulation of social protection for persons with disabilities. The stages of development of this issue in international law are explored, and the main achievements in this direction are identified. In addition, the role of various structures and organizations in shaping and implementing international standards in this area is noted. Such comprehensive analysis contributes to a better understanding of contemporary challenges and opportunities in ensuring social protection for persons with disabilities at the international level. The prospects for further development of international legal regulation in this area are discussed, and possible directions for further research are identified.

THE CRIMINAL CONFRONTATION FOR CRIMES OF DISCRIMINATION AND HATE SPEECH: A COMPARATIVE STUDY

Background: The crime of disseminating hate speech is considered amongst the most prominent crimes in this era, particularly with the rapid technological advancements witnessed globally, which have contributed to its emergence across all communities. Given its seriousness, this crime threatens societal stability and security. In a bid to foster a culture of global tolerance and encounter the various manifestations of discrimination and racism, the Emirati legislator enshrined criminal protection for individuals against discrimination and hate speech based on ethnicity, race and religion. This legal safeguard is articulated in Federal Law No. 34 of 2023 concerning Combating Discrimination, Hatred and Extremism. Moreover, the Federal Decree-Law No. 34 of 2021, which addresses Combating Rumors and Cybercrimes, further reinforces this legal framework, specifically targeting the spread of such offences through digital channels. This addition underscores the UAE’s comprehensive approach to addressing hate speech and discrimination, acknowledging the evolving nature of these crimes in an increasingly connected world. Methods: The research aims to explore the effectiveness of Emirati law in combating discrimination and hate speech crimes through a multi-method approach, which includes a comparative dimension. Firstly, we conducted a comprehensive literature review of existing legal texts and scholarly articles to understand the broader legal context and historical perspectives on these crimes. This review extended beyond Emirati legal sources to encompass international legal standards and comparative legal analyses, allowing us to contextualise the Emirati legal framework within a global perspective. Results and Conclusions: Our study has provided a detailed examination of the complexities and challenges in addressing the crimes of disseminating and promoting discrimination and hate speech within the UAE legal framework. We have identified that these crimes are inherently complex, requiring a specific intent to provoke violence and discrimination. Our analysis reveals a gap in the current legal approach, particularly in addressing the full scope of hate crimes and the nuances of criminal intent. In light of these findings, we have proposed several critical amendments to the UAE law combating discrimination and hate speech. These include refining the definitions and scope of discrimination in Article 1, incorporating "motive for hate" as a key element in Article 4, revising Article 10 to focus on general criminal intention, and enhancing penalties in Article 16 when foreign financial support is involved. These recommendations aim to strengthen the legal framework, making it more comprehensive and effective in combating discrimination and hate speech, thereby safeguarding social security and human rights. This research contributes significantly to understanding hate speech and discrimination crimes in the UAE and offers practical solutions for legal reform. It underscores the need for continuous evaluation and adaptation of laws to address evolving social challenges effectively.