Mechanisms For Protection Of Human Rights Research Articles

Universality of human rights as their main property

The author considers the issue of protection of universal women's rights. The first thing that draws attention is the concept of human rights and their importance in the world, the essence of universal human rights. The article is devoted to defining the place and role of women's rights in the catalog of human rights. In particular, on the basis of the international legal analysis the acts which have laid the foundation of legal protection of women are allocated; based on international legal acts, periodic systematization of the most important milestones in the formation of women's rights is carried out - formations in the development of gender rights are determined; the analysis of the legal status of women in society is carried out from the standpoint of both legal protection and the real state of affairs, so the problematic issues which face further improvement of the protection of women's rights are highlighted.
 International case law on the protection of women's rights is considered. Relevant decisions of the European Court of Human Rights are given. The system of international universal human rights standards is studied, their characteristics are given. The system of legal registration of women's rights institutions in the context of international standards is described, the problematic issues of their implementation, provision and protection through basic mechanisms of human rights protection at different levels are studied, the practice of human rights mechanisms is analyzed.
 It is concluded that the main problems in the realization of women's rights, which are pervasive, are the use of domestic violence and discrimination in employment. It is these issues, both at the level of the international community and in national legal systems, including Ukraine, that should be the focus of attention.

ПРАВА ЖЕНЩИН В КОНТЕКСТЕ УНИВЕРСАЛЬНЫХ, РЕГИОНАЛЬНЫХ И НАЦИОНАЛЬНЫХ (РОССИЙСКИХ) СТАНДАРТОВ И МЕХАНИЗМОВ ЗАЩИТЫ ПРАВ ЧЕЛОВЕКА

Introduction: the article deals with women's rights in the context of universal, regional, and national standards of human rights. We discuss the concept and significance of human rights standards for the modern world, society and individual states; highlight their universal character both in terms of the parties involved and the territory they cover; perform the analysis of universal and regional human rights standards, including in terms of their correlation with the respective systems. The main focus of the paper is on the rights of women as a vulnerable category of persons at law, legal formalization and legal framework of these rights, typical violations and protection both at the level of national jurisdiction and in the main international mechanisms of rights protection. Purpose: to research women's rights in the context of universal, regional and national (Russian) standards and mechanisms of human rights protection. Methods: general scientific methods, special scientific methods, methods of legal science – formal legal, comparative legal methods. Results: we have studied the system of international (universal and regional) human rights standards, defined their characteristics, determined their significance. The paper describes the system of the women's rights legal formalization in the context of international standards, examines the problems connected with the enjoyment, securing and protection of these rights through the main mechanisms of human rights protection at various levels; analyzes the practice of the protection mechanisms application by the Office of the UN High Commissioner for Human Rights, the UN Committee on the Elimination of Discrimination against Women, the European Court of Human Rights, Russian courts. Conclusions: the main problems that accompany the exercise of women's rights are the use of violence and discrimination in labor relations. These issues demand special attention both at the level of the international community and in national legal systems, including that of Russia.

Improvement of mechanisms of human rights protection through the prism of modern. law-making policy in Ukraine

The paper reveals the relevance of scientific knowledge of theoretical, methodological and practical aspects of improving the mechanisms of human rights protection through the prism of contemporary law-making policy of Ukraine. The scientific views of scientists concerning the shortcomings of modern lawmaking in Ukraine, as well as the implementation of the provisions of modern lawmaking policy are generalized. The practical shortcomings of implementation of the provisions of law-making policy in Ukraine were emphasized. It is substantiated that law-making policy forms a doctrinal definite, conceptual basis for improving the legal regulation of relations in any sphere of human life, including in the field of human rights protection. It is noted that a key feature of lawmaking, which distinguishes it from other types of legal activity, is its systemic nature, which is associated with a continuous long process of adopting the rules of law, their current change and updating. The necessity to strengthen the effectiveness of human rights protection mechanisms in Ukraine has been proved, which is conditioned by the existing problems in the human rights protection mechanism itself, and is also confirmed by statistical observations conducted in Ukrainian society. Based on the analysis of the shortcomings of the functioning of human rights protection mechanisms in Ukraine, the ways of their improvement, which will correspond to the law-making policy of Ukraine, have been identified and substantiated. Among the ways to improve the human rights protection mechanisms that will be in line with Ukraine's law-making policy are the following, which are of paramount importance in the current conditions of society and state development in Ukraine: 1) enhancing the role and importance of the activities of the European Court of Human Rights; 2) strengthening the mechanisms of human rights protection at the national (national) level in accordance with the requirements of international law; 3) to develop and implement a system of information measures in order to increase the educational (information) level of people in the sphere of their rights and the mechanisms of their protection and guarantee; 4) to improve the procedure of enforcement of decisions of national courts of Ukraine and decisions of international courts in Ukraine; 5) to strengthen the staffing of the state authorities and local self-government bodies in terms of improving the professional level of human rights personnel and their protection, including the introduction of competitive selection of civil servants in the conditions of passing the examination to determine the level of knowledge of the provisions of the legislation of Ukraine and international law in the field human rights, etc. Keywords: law-formation, law-making, law-making policy, human rights, human rights protection mechanisms.

HUMAN RIGHTS IN MODERN INTERNATIONAL RELATIONS: EVOLUTION OF DEVELOPMENT, PROBLEMS AND PROSPECTS

Introduction. At the present stage of development of the world political process, one of the main problems has been to ensure the effective operation of human rights protection mechanisms, both at the national and international levels. The main vocation of legal science in this area is to provide expert assessments of problematic issues and scientifically developed recommendations for improving the mechanisms of human rights protection in modern international relations and especially in crisis situations that have become almost permanent in the life of the world community. The purpose of this publication was to implement a retrospective analysis of the evolution of the development of legal consolidation of human rights at the international level and the thorny problems in this area. Summary of the main research results. Thus, this publication considers the main stages of human rights, highlights the main problems of development, outlines the place of human rights in modern international relations and presents the main characteristics of the challenges facing states in the implementation of cooperation in the field of human rights. Finding the specifics of human rights and identifying mechanisms for their formation is a separate problem for jurists. The legal aspect of enshrining human rights in international legal instruments is important in the context of modern reality. It is through the disclosure of this issue that it is possible to identify the main stages of the evolution of the consolidation of human rights in international law. Conclusions. The development of international legal consolidation of human rights has significantly influenced the evolution of international law as a whole. Under the influence of these processes, national sovereignty, as a basic principle of international law, began to take on new forms, and the individual acquired many features of international legal personality. Thanks to non-state rule-making, the sphere of consolidation and protection of human rights tends to self-development and constant adaptation to the changing needs of society in the social and moral spheres. Human rights are a cultural phenomenon that reflects the system of value orientations of a person rooted in a particular historical epoch and depends on the ideology of the world legal community. The problem of human rights, their protection from external and internal threats requires an immediate solution, making it a priority to consider legal issues among a wide range of global problems of mankind. At the same time, it must be emphasized that the democratic development of modern society and human rights are inextricably linked. This connection also implies that human rights must be recognized as legitimate as a result of democratic procedures, but outside the national legal systems there is a moral justification necessary to convince the subjects of international law that everyone, even outside the national legal system must enjoy all guaranteed rights and freedoms.

Інституційні механізми захисту прав людини в умовах військово-політичного конфлікту.

The article deals with the peculiarities and contradictions of institutional mechanisms for the human rights protection in the conditions of military confrontation in the context of contemporary Ukraine. The role of conflict institutionalization for completing the transition to democracy in our state is substantiated. The main features of the institutional support for human rights protection are determined. This is, in particular, the lack of readiness to protect rights due to the lack of relevant experience, the attractiveness of the rights protection which is not the creation of guarantees, but the restoration of already violated rights, regulatory inaccuracies in determining the status of occupied territories, the procedure for protecting rights, legal consequences for violations of rights, the absence of specialized institutes in the structure of the supreme bodies of state power for coordination of the process of securing rights and the establishment of cooperation in this area with public organizations, insufficient funding, and you resources to implement the declared rights in connection with armed conflict duration, practical implementation complexity, lack of a clear program of reintegration. The priority tasks of improving the institutional mechanisms of human rights protection, in particular, the implementation of measures on democratization of the political system in general, the institutionalization of the conflict, raising the level of legitimacy of the institutions of power, the creation of a higher executive body ensuring coherence and comprehensiveness of the protection of children's rights, the transfer of part of powers and defense resources, are proposed. Main issues of development of longterm programs of social security and adaptation of internally displaced persons, provision an information necessary support for human rights protection are described.

The Status of Access to Effective Remedies by Victims of Human Rights Violations Committed by Multinational Corporations in the African Union Member States

The main purpose of this paper is to document the failure and dysfunction of the existing judicial structures of many African Union’s Member States (AUMS), to address human rights violations that are often committed by Multinational Corporations (MNCs) on their territories. Concretely, it assesses the access of victims of the MNCs’ human rights abuses (in the AUMS) to effective remedies and the obstacles they face through a number of case studies. Although these victims’ cases are specific to some countries, they illustrate a general challenge faced by victims of such abuses from many AUMSs. The examination of these cases, in turn, results in the examination of the legal remedies the victims use and the obstacles they face in the pursuit of such remedies, either in their domestic jurisdictions or in other foreign national jurisdictions. The present paper also weighs the obstacles faced by the same victims in their quest for effective remedies against the concept of “African solutions to the problems of Africa.” Finally, it is suggested that the reluctance of the AUMSs to hold MNCs accountable for their human rights violations, which are often committed on their territories, and the non-redress of the same violations by other forums outside the African continent, places the onus on African regional and sub-regional mechanisms of human rights protection to get involved.

APPLICATION OF THE CONCEPT OF PIERCING THE CORPORATE VEIL IN MECHANISMS OF HUMAN RIGHTS PROTECTION

The article is dedicated to the application of the concept of piercing the corporate veil in mechanisms of human rights protection. Author points out that convergence of public and private aspects of international law influence the level of implementation of concepts, which previously has been applied only to international private law, international commercial law and on national legal levels. The level of convergence has led to the application of the concept of piercing the corporate veil (which originally applied only to international investment disputes) in practice of international courts and quasi-courts of human rights. However, the application of the concept within the framework of the mechanisms for the protection of human rights is very limited and complicated due to the lack of implementation of the concept at international level and absence in every national legal system.

O DIREITO A UM MEIO AMBIENTE CIBERNÉTICO SADIO: A Informática e a Telemática Sob a Ótica Constitucional

O impacto sociocultural da revolucao tecnologica conferido pela cibercultura torna o meio ambiente cibernetico fundamental para a sociedade, em razao das relacoes ciberneticas nele estabelecidas. Assim, faz-se necessaria a analise juridica dessa nova ordem social. A delimitacao juridica do meio ambiente cibernetico se da a partir de sua compreensao como meio ambiente artificial, associada a interpretacao da Constituicao da Republica Federativa do Brasil, que, deve, sem prejuizo dos demais metodos de interpretacao, ser flexionada a realidade historica. O artigo busca demonstrar que a protecao constitucional do meio ambiente se estende ao cibernetico, que passa a constituir direito fundamental. Assim, os direitos a dignidade da pessoa humana, a igualdade e a informacao consagram a importância da inclusao digital para o desenvolvimento do homem individualmente considerado e da sociedade. Outrossim, os direitos a seguranca e a privacidade e intimidade fundamentam a necessidade de se adotarem tecnicas de seguranca da informacao e medidas de combate a poluicao virtual, a fim de proporcionar ao meio ambiente cibernetico a salubridade necessaria para o desenvolvimento equilibrado das relacoes nele estabelecidas. Considerado direito fundamental, o direito ao meio ambiente cibernetico sadio pode ser retratado pelo legislador infraconstitucional e pelo interprete do direito com mais precisao. Ademais, o direito fundamental ao meio ambiente cibernetico sadio assume um carater transfronteirico e global e, por isso, deve ser incorporado aos instrumentos internacionais de protecao aos direitos humanos.

Human Rights and Refugees: Enhancing Protection through International Human Rights Law

AbstractThis essay analyses how UN mechanisms of human rights protection – namely the UN Commission and Sub-Commission on Human Rights, the Committee Against Torture, the Committee on the Rights of the Child and the Human Rights Committee – can be used as a practical and analytical tool to enhance the protection of refugees and suggests that they can make a significant contribution to refugee protection. Although UN mechanisms may not provide a framework of protection as expansive and reliable as domestic systems, recent developments in international human rights law have contributed to an increasingly important legal framework that can be invoked in support of both specific cases and more broad-based advocacy on behalf of refugees. This article draws on specific examples to argue that UNHCR and refugee advocates can use these laws and mechanisms to enhance protection principles and give effect to forms of enforcement.