Limits Of Human Rights Research Articles

The New Anthropology of Ritual

Rituals evolve socially over time, become powerful cultural technologies in their communities of practice, and offer several individual and societal benefits, including group cohesion and coordination. It is therefore tempting to consider the power of rituals and how to harness them to address current sociocultural crises. However, as scholars of religion and human rights, we wish to concentrate further on the potential harmful impacts of rituals and attempts (perhaps by policymakers) to harness rituals for some envisioned benefits. In this article, we center our discussion around Dimitris Xygalatas’ new book, Ritual: How Seemingly Senseless Acts Make Life Worth Living (2022), which raises compelling evidence and methodologies for what we describe as the “new anthropology of ritual” but also intriguing arguments about the power of ritual. We argue that Ritual offers new insights that invite scientists of religion and cultural anthropologists to revisit longstanding debates over dangerous rituals, cultural intervention, and the limits of human rights.

Limitation of Human Rights and Freedoms amid New Global Challenges (Lessons from the Pandemic)

Globalization has had far-reaching effects on all key spheres of public life, leading to mixed outcomes, both positive and negative. One of the recent global trends is the fast and large-scale spread of viral infections, which has profoundly reshaped the economic landscapes, political environments, and government systems of most states. As the COVID-19 pandemic progressed, governments worldwide were forced to impose unprecedented restrictions that interfered with fundamental human rights, such as the freedom of movement and speech, to curb the virus spread. It sparked rigorous debate among the academic community and practicing lawyers. This article overviews the measures taken by Russia and other states in response to the COVID-19 pandemic. The obtained results highlight the need to legally establish new conceptual frameworks related to disease control, as well as to develop clear legal guidelines on optional and mandatory steps that public authorities should take in order to ensure the sanitary and epidemiological well-being of the population. Therefore, it was concluded that certain legal provisions must be specified to define the grounds and extent to which the rights and freedoms of citizens can be limited in case of viral epidemics.

Freedom that is not Absolute: Ecological Ethics and Human-Nature Relationship in the Qur'an

This article presents an analysis of ecological ethics in the holy scripture of Islam through the intellectual interpretations of Muslim scholars. The primary focus is on discussing the limitations of human rights in utilizing ecology and the obligation to preserve it according to the perspective of the Qur'an. This discussion is particularly relevant for Indonesia, a country with a majority Muslim population, which is experiencing increasing ecological degradation. The article urges Muslims in Indonesia to refer back to the ecological principles within Islam, avoiding capitalist ideologies that contradict Islamic teachings. The research methodology used is literature analysis, drawing from the texts of the Qur'an and its exegesis, analyzed through thematic and descriptive-analytical interpretative approaches. Two main themes discussed are the limitations of human creativity towards ecology and the relationship between humans and nature. Research findings indicate that the Qur'an explicitly prohibits human behavior that can harm environmental sustainability. Although nature was created to meet human needs, humans are still forbidden to treat the environment carelessly. The Qur'an emphasizes the importance of maintaining ecological balance, forbids isrāf (wastefulness), and warns of punishment in the afterlife for those who damage the environment.

The Uncertainty of Aviation Safety and Aviation Security in Relation to Human Rights: Philosophical Aspects of Legal Definitions

The article discusses the uncertainty of legal definitions of aviation safety and and aviation security, the implementation of which often result in certain restrictions of human rights. In the article, a hypothesis is made that, despite usually treated as well-known concepts, safety and security are not so clear and well-defined, often leaving the reader to guess at their precise meaning. The aim of this article is to identify the core features that characterise aviation safety and aviation security and could disclose their legal content when assessing their comparative weight in relation to the protection of human rights. Supported by holistic approach from different perspectives (socio-cultural, historical, etc.), the phenomenological and hermeneutic analysis allowed providing an in-depth understanding of various meanings of safety and security concepts. An overview of the existing linguistic peculiarities of the use of the terms ‘safety’ and ‘security’ with an emphasis on the importance of determining the context in which they are used as primary evidence of their meaning is followed by the analysis of the common features and differences between the concepts of safety and security that supplements the discourse on the dilemma of combining subjective and objective, relative and absolute perceptions of safety and security. The research from the view point of normative jurisprudence reveals the polysemy inherent in aviation safety and aviation security, especially in terms of the values they represent, suggesting the conclusion that legal definitions of ‘aviation safety’ and ‘aviation security’ should in part be treated as a sort of ad hoc definitions, which have to be developed (clarified) in each particular case.

Постановление о (пере)квалификации: теоретический взгляд на практический документ

Due to the significant restriction of human rights and freedoms in the course of criminal proceedings, strict compliance with the requirements of the law is a basic principle in the activities of law enforcement agencies and the court. At the same time, the postulate about the possibility of applying the law by analogy in criminal proceedings leads to interesting law enforcement “novelties”. In recent years, officials have issued a document not provided for by the Criminal Procedure Code of the Russian Federation, which is referred to in the police as a resolution on the qualification of a crime, and in the Investigative Committee of the Russian Federation — about the re-qualification of the crime. Therefore, for uniformity in the article, this act will be referred to as a resolution on (re) qualification. In this article, the author sets the task to analyze this document in order to establish its legal nature, its role in the system of procedural legal relations, and also to find out the potential need for legal consolidation. The scientific novelty of the research consists in the following: the criteria for checking criminal procedural documents for legitimacy are proposed; this is the first understanding of the decision on (re)qualification; a scheme for legislative inclusion of the document in the law is proposed. Applied general scientific methods of analysis and synthesis, as well as a private scientific method — legal forecasting. As a result of the scientific study of the law enforcement document, there is a mutual enrichment of both theory and procedural activity.

Comparative analysis of models of special legal regimes

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

Regarding the issue of using digital information obtained during counterintelligence and investigative activities in criminal proceedings

In this article, based on the analysis of scientific publications, the norms of the current legislation, the authors investigate the actual problems of using digital information obtained during counterintelligence and investigative activities in the criminal process. The norms of legislation in the field of ensuring state security and the Criminal Procedure Code of Ukraine regarding the possible use of digital information as evidence in court proceedings are analyzed. Scientific developments and international experience regarding the use of counterintelligence and investigative activity materials in digital form as evidence in criminal proceedings in the context of their admissibility are considered. The authors prove that the vast majority of digital information, which in the future may have evidentiary value, is obtained by conducting covert activities during the implementation of counterintelligence and investigative activities. Such digital information, according to the authors, can only serve as pretexts and grounds for starting a pre-trial investigation in criminal proceedings. The article notes that insufficient harmonization of criminal procedural legislation and legislation regulating counterintelligence and investigative activities negatively affects the effectiveness of operational units in performing their tasks. It is also noted that the further reform of the domestic law enforcement system should follow the example of leading Western countries and the USA, where the concept of “operational investigative activity” is absent at all. In most of the foreign democratic countries of the world, secret police investigation is a criminal procedural activity, which is overt and undercover procedural actions carried out under the direction of the prosecutor. The authors of the article conclude that in order to strengthen the counter-intelligence component in the activities of the Security Service of Ukraine and taking into account foreign experience in this area, it is necessary to create a separate, without reference to the requirements of the provisions of the Law of Ukraine “On Operational and Investigative Activities” and the Criminal Procedure Code of Ukraine, a mechanism for organizing and carrying out activities related to the temporary restriction of human rights and freedoms.

Mechanisms of protection and limitation of human rights in the era of artificial intelligence and cyber democracy

Mechanisms of protection and limitation of human rights in the era of artificial intelligence and cyber democracy

Обмеження прав людини в інтересах держави в тоталітарних державах як вияв позитивістської концепції праворозуміння

Обмеження прав людини в інтересах держави в тоталітарних державах як вияв позитивістської концепції праворозуміння

Legal framework for the prevention of torture: national and international levels

The article examines the global problems of our time related to the implementation and protection of human and civil rights and freedoms in Ukraine. The authors conducted a comprehensive analysis of national legislation and international treaties that influence the implementation of human rights. It is established that the European integration path chosen by Ukraine and the desire to implement the assistance of our state in the world and European communities requires the harmonization of national legislation in accordance with the provisions of international legal acts. The article defines that the topic of prevention and avoidance of torture, as well as other cruel, inhuman or degrading treatment or punishment, is becoming relevant in the current conditions. In addition, the study focused on normative legal acts, based on which the relevant state bodies, organizations, institutions, and public formations should carry out their activities to prevent these illegal acts. In Ukraine, the problem of ensuring human rights and freedoms in the current conditions is of particular importance, because the institution of restriction of human rights and freedoms, since the military invasion of the russian federation, occupies a prominent place among other legal institutions. Examples of judicial practice of the European Court of human rights in the field of protection from torture are described and analyzed. The authors have shown that the right to prohibit torture, inhuman or degrading treatment or punishment, is a basic international standard and is recognized as a crime by the entire civilized international community. The article analyzes international legal instruments, provisions of the Constitution of Ukraine and domestic legislation for their compliance with international treaties in this aspect.

Theoretical and legal analysis of the conceptual and categorical apparatus in the field of human rights limitation: differences between related concepts

The article examines the relationship between the concepts of «restriction of human rights» and «discrimination». It was established that the study of differences in the essence of these concepts is extremely important in the context of law-making and law-implementation concepts of modern society.
 The state of scientific research on the topic and the most common approaches to the interpretation of the concepts of «restriction of human rights» and «discrimination» are analyzed. Their doctrinal understanding is revealed and the main legal features are indicated.
 It has been found that the restriction of rights can arise in the form of necessary restrictions to ensure general well-being or national security and other demanded social values, while discrimination is aimed at violating the equality and dignity of a person, according to certain characteristics, in order to weaken the legal position of certain social groups Two approaches to defining the concept of «restriction of human rights» have been identified. According to the first, the restriction of human rights is characterized by the understanding of such a restriction as narrowing, reducing the opportunity to enjoy certain social benefits, with the aim of ensuring the realization of the rights of other people, health protection and protection of the territorial integrity of the state. According to the second approach, the limitation of rights is considered as the establishment of certain frameworks, prohibitions, responsibilities, imposition of additional duties in order to ensure the necessary balance between public and private interests. Two approaches to defining the concept of «discrimination» have been identified. Representatives of the first approach define discrimination through actions that violate the principle of equality and affect human dignity, representatives of the second approach reduce discrimination to differences in human rights and freedoms.
 It was established that «restriction of rights» is a mechanism by which the state can regulate the behavior of citizens in the interests of national security, public order or ensuring the safety of other people, which may include the establishment of additional duties, prohibitions, responsibilities, etc. On the contrary, «discrimination» is aimed at certain social groups and consists in the violation of their equality and dignity, manifested in the restriction of access to various opportunities, services or resources based on personal characteristics.

Resistance and Reform as Responses to Human Rights Criticism: Relativism at FIFA World Cup Qatar 2022

AbstractThe language of human rights is a prominent tool of choice to push for moral principles such as justice, equity, and fairness in the social, economic, and political spheres. Simultaneously, the concept and practice of human rights have attracted critiques. Relativism is one such enduring critique. Relativists advocate due and reasonable consideration towards cultural diversity and specificity of diverse human communities, within the limits allowed by universality of human rights. The relativist critique featured prominently in the debates surrounding Qatar’s hosting of the FIFA World Cup 2022. Commentators have spoken about Qatar’s scrutiny often moving beyond legitimate human rights criticism, uninformed activism being counterproductive; and the appropriateness of, largely, Western and maximalist ideals of human rights being applied without accounting for local needs and peculiarities. In this Article, I bring together the literature on the relativist critique and the FIFA World Cup Qatar 2022 as a case study, to examine the usefulness and limitation of human rights as a language of critique to achieve meaningful transformative change in sporting contexts. I focus on the debates surrounding the rights of migrant workers and the rights of the LGBTQIA+ community; and argue that while human rights advocacy had a notable impact in relation to FIFA World Cup Qatar 2022, it is a tale full of cautions and lessons.

The role of human dignity in the jurisprudence of the African Commission on Human and Peoples’ Rights

Human dignity is a concept that is often mentioned in core human rights treaties and national constitutions as the foundation of human rights. At its core it demands respect for the life and integrity of the human person, recognition of the equal worth of human beings and respect for their autonomy or self-determination. Many national and supra-national courtsalso use the concept to explicate the meaning and limitations of human rights. The constitutional court of Germany, South Africa and the European Court on Human Rights are notable in this regard. In recent years, the US Supreme Court has also increasingly used the concept in resolving hard cases and expanding the scope constitutional rights. Though, the role andapplication of human dignity has received considerable scholarly attention, it is mainly confined to the European constitutional orders and the US constitutional system. With respect to regional human rights systems, scholars have largely focused on examining the role of human dignity in the jurisprudence of European Court of Human Rights and the Inter-AmericanCourt. As such, little is known about what role human dignity is playing or could play in the interpretation of rights in the African human rights system. This is alarming considering the poor status of protection of human rights and weak constitutional right jurisprudence in many countries of Africa. Accordingly, this article seeks to fill the lacuna by examining the role of human dignity in the African human rights system by exploring its place in religious and cultural value systems of different African societies.

Rights for me but not for thee: Restriction of human rights based on group membership and threat perceptions.

Policies aimed at limiting border crossing and influencing other cultural values have been enacted domestically and internationally in the name of security. However, do these decisions concerning such tradeoffs resonate equally across all groups? In two studies, we probe the moderating impact of intergroup threat on the inclination to restrict human rights. In Study 1, we employ a unique economic tradeoff model to directly compare the value of security with the rights of either citizens or non-citizens. In Study 2, we broaden these findings by examining whether support for infringements on the right to privacy varies among diverse groups. Across both studies, our results consistently show that an increase in intergroup threat corresponds to heightened restriction of rights, but only when contemplating individuals who are not citizens, such as non-citizens, residents, or foreigners. We propose future research directions that include promoting the concept of a global community and exploring altruistic behaviours associated with rights protection.

Proportionality of the Restrictions of Human Rights: Specifics during Martial Law

The article is dedicated to the issue of proportionality of the restrictions of human rights and freedoms during martial law in Ukraine. The concept of the protection of human rights is the core value of any democratic state, it has been developed both in the legal system of Ukraine and at the international law level. The legislation of Ukraine as well as the international standards of the human rights protection contain requirements of the proportionality of the restrictions of the rights of person. The proportionality is recognized as universal principle the restrictive measures of the states hould comply with. The proportionality principle applies also during martial law which has been enacted in the result of full-scale aggression of the Russian Federation. However in the situation of war this principle has certain specifics arising out of necessity to secure the defense of the state against the foreign military aggression. The specificity of the proportionality during martial law emanates from the characteristics of the public interests which are regarded as legitimate aim pursued by the restrictions of the human rights and freedoms applied by the state. Such interests relate to ensuring defense capability, security, territorial integrity, restoration of the state’s sovereignty over the territories of Ukraine, combat armed aggression. The significance of these interests gives rise, in case of the threat to the said interests, to the necessity of employment of special, increased restrictions of the rights and freedoms by the state to prevent such threat. The circumstances of war also give rise to the issue of competition between public interests which constitute the legitimate aim of the state’s sovereign measures since the significance of the public interests which in the time of peace had been regarded as priority may decrease. Not only should the legal measures employed by the state for the protection of the public interests and restricting human rights correspond to the public interests pursued but also such measures should secure prevention of the potential threats to the public interests of the defense of the state which has acquired special significance during martial law. Key words: principle of proportionality, martial law, human rights, the state,restrictions of human rights.

KEDARURATAN KESEHATAN MASYARAKAT DAN PEMBATASAN HAM DALAM PERSPEKTIF HUKUM KETATANEGARAAN INDONESIA

The COVID-19 that spread in early 2020 made countries all over the world declare a state of emergency. In the context of Indonesia, President Joko Widodo declared COVID-19 as a type of disease that causes a public health emergency through Presidential Decree Number 11 of 2020 on March 31, 2020. This study aims to find out the status of public health emergencies from the perspective of Indonesian constitutional law. Furthermore, this research also aims to find out how the state's authority in limiting human rights in public health emergencies is according to human rights law. In its analysis, this research uses a normative juridical method with a statutory approach and a conceptual approach. The results obtained indicate that the status of public health emergency as stated in Presidential Decree Number 11 of 2020 is different from the state of emergency as stated in Article 12 of the 1945 Constitution. As for the limitation of human rights, the state has the authority to limit the human rights of its citizens in the COVID-19 public health emergency.

The restriction of fundamental rights and freedoms under international human rights law

Human rights are those rights inherent in people simply by the mere fact of being human. Human rights are an essential feature of a democratic society, an expression of the state’s respect for its citizens, enshrined in constitutions and national laws. Thus, the indestructible association relationship between the notions of human rights and democratic society becomes apparent, because in the absence of a democratic regime, human rights do not have effectiveness. Another characteristic of society concerns the responsibility to determine what are the restrictions to be imposed on fundamental human rights. By using a research methodology based on legislative and doctrinal analysis, this article aims to argumentatively present that the margin of appreciation of states regarding the restriction of human rights is not absolute, since these limitations have limits that are provided for by international human rights law.

Legal regulation of the principle of proportionality in criminal proceedings under martial law

The article examines the legal regulation of the principle of proportionality in criminal proceedings under martial law. During the statement of the problem, it is noted that restrictions on human rights and freedoms during martial law must be commensurate with the specific situation of danger and the need to carry out effective criminal proceedings. In the course of disclosing the state of development of the relevant issues, it is noted that despite the fact that scientists paid attention to some aspects of the proportionality of the limitation of human rights and freedoms in the criminal process, there are currently separate problems of legal regulation of the principle of proportionality in criminal proceedings under martial law. During the presentation of the main material, it is indicated that the principle of proportionality should be used in every case of possible limitation of the fundamental right of a person in criminal proceedings. It is emphasized that the recognition of the principle of proportionality at the legislative level will protect against possible regulatory gaps regarding the requirement of proportionate restriction of human rights in criminal proceedings. Attention is focused on the fact that the normalized general principle of proportionality should apply to all circumstances of excessive procedural interference with the rights of a person, which cannot be comprehensively predicted objectively in the legislative prescriptions. It is emphasized that in criminal proceedings under martial law, in addition to the general principle of proportionality, a special principle of proportionality must be observed, which is related to the need to take into account the severity of the combat situation during the implementation of criminal procedural activities and ensure the rights of participants in criminal proceedings. It is concluded that the special principle of proportionality should be regulated in such a way as to potentially apply to all possible situations of criminal proceedings during martial law. It is determined that criminal procedural law must "require" that a special principle of proportionality be assessed in relation to each case of departure from the general procedure of criminal procedure. It is concluded that by applying the special principle of proportionality, the proportionality between the state (public) interest, enhanced by the "security" component, and the private interest is determined.

Manifestasi Hak Asasi Mantan Narapidana dalam Pengisian Jabatan Negara Menurut Undang-Undang Nomor 7 Tahun 2017 tentang Pemilihan Umum

In accordance with one of the ideals of the General Election, namely to produce quality representatives of the people and the spirit to create a government free from corruption, collusion and nepotism. In the 2019 legislative election, the KPU established KPU regulation No. 20 of 2018 concerning the Nomination of Members of the DPR, Provincial DPRD, and Regency/City DPRD in the 2019 Election. The KPU added a requirement to become a member of the legislature which in article 4 paragraph (3) states that for former convicts of drug dealers, sexual crimes against children, or corruption prohibited from participating in the nomination of members of the legislature. These provisions are considered contrary to Law no. 7 of 2017 concerning General Elections. The formulation of the problem in this paper is how to manifest the fulfillment of prisoners' human rights in filling state positions as regulated in Law Number 7 of 2017 concerning General Elections. The research method used is a normative juridical research method. Normative research requires a statutory approach and a conceptual approach. The data collection technique used is through the study of documents and literature on secondary data in the form of primary, secondary and tertiary legal materials. The conclusion is that there are several decisions of the Constitutional Court, the Supreme Court and the Decisions of the Bawaslu which also hinder the enactment of these provisions. These provisions relate to the limitation of Human Rights, namely the limitation of Political Rights, namely the right to be elected as regulated in Law Number 39 of 1999 concerning Human Rights.

The Debate on the Grace Period in Appealing Cases Against the State Administrative Court

The grace period of 90 days for cassation to the competent Administrative Court is very important. After the grace period ends, the TUN decision may not intervene even if it is in a state of serious damage. Article 55 of the Law on State Administrative Courts clearly stipulates the basic principles regarding the time limit for submitting a case application to the Administrative Court. The KTUN applies several variables to show that it provides the greatest opportunity for anyone to take legal action if the issued KTUN violates the laws and regulations and AAPB principles. But on the other hand, the limitation of the time limit for litigation in the Administrative Court which is contrary to the sense of justice can be considered as a limitation of human rights to protect their legitimate interests in court.