Place Of Rights Research Articles

The history of the development of the institute of judicial administrative and legal protection of human rights

The article examines the history of the development of the Institute of Judicial Administrative Legal Protection of Human Rights. The socio-economic, political-legal, ideological relations that formed in Ukraine in the period from the beginning of the 18th to the middle of the 20th century were chosen as the object of the study. In addition, which had a decisive influence on the development of ideas about judicial protection of human rights. The subject of the research is political and legal views on judicial protection of human rights. The methodological basis is the principles of historicism, scientificity and objectivity. Problem and comparative research methods were most intensively used. Development of the topic and interpretation of the studied material were carried out taking into account the peculiarities of the analyzed period. When solving the assigned tasks, he followed a complex approach to the analysis of legal phenomena. The chronological boundaries of the study are determined by what was formed at the end of the 18th to the middle of the 20th century. the political and legal opinion in Ukraine regarding the protection of human rights, within the framework of administrative proceedings in particular, has undergone a significant evolution. The political and legal opinion on the implementation of the protection of human rights against the arbitrariness of state authorities formed the basis of the reform of the judicial system, and in the process of this transformation, a new link appeared in the judicial system - the administrative court. It is indicated that the theoretical, practical and didactic significance of the problem is due to fundamental changes in the life of Ukrainian society in the context of integration into the European Union, in which the highest value is recognized as a person, with his status, rights and obligations. It is noted that the construction of a harmonious system of human rights and responsibilities, and, most importantly, the establishment of a mechanism for their real implementation are directly dependent on a comprehensive study of the patterns of formation, formation and functioning of rights and responsibilities, starting from the moment of their inception and up to the present time, which will allow to identify the peculiarities of their further development, to determine the place of rights and obligations in the system of legal values, as well as to identify the prerequisites of existing problems in their implementation and to propose ways to overcome them.

Human rights in Australia’s early international relations: unity, prosperity, and the abolition of slavery

ABSTRACT For the most part, histories of Australia’s international relations locate the origins of its engagement with the international human rights regime in the 1940s. By then, however, debates about human rights had been appearing in the Australian newspapers for more than a century, focused, among other things, on the application of universal rights to the foreign peoples with which the colonies were engaged in their international affairs. Drawing on archival materials and newspaper articles from 1803 to 1901, this article examines the place of human rights in the international relations of nineteenth century colonial Australia. Focusing on debates over the use of Indian and South Sea Islander indentured labour, it demonstrates how ideas developed in the context of the anti-slavery movement of the eighteenth and early nineteenth centuries shaped debates about the universal applicability of human rights in the Australian colonies’ engagements with others. In doing so, it provides an account of the early development of human rights ideas in the Australian colonies and demonstrates how they sought to resist human rights claims in their international affairs, choosing instead to prioritise the pursuit of national (racial) unity and prosperity over the rights of others.

The Idea of a Social State as a Basis for the Legal Regulation of the Social Sphere in the Russian Federation

The object of the study in this article is the idea of a social state and the potential in it from the perspective of legal regulation of the social sphere in Russia. The aim of the study is to identify the directions of implementation of the idea of a social State in the framework of the social policy of Russia and to develop theoretical and practical recommendations. To achieve the goal, the article studies: the essence of the idea of a social state, including the relationship between the concepts of «social state» and «constitutional state »; stages of formation and development of the social state; social rights and freedoms of the person and the citizen as a component of the system of constitutional values; evaluation concepts « decent life», « free human development ». The methodology of the study is based on a system, complex and specific historical approaches, includes a set of general scientific and private scientific methods of research, including analysis, synthesis, logical, system-structural, formal-legal, historical-legal, etc. The following main results were obtained: the main approaches to the interpretation of the concept of «social state» were systematized, which allowed to clarify its essence and reveal the relationship with the concept of «constitutional state»; the stages of formation and development of the social state in relation to the peculiarities of fixing this concept in the legislation have been analyzed; the approaches to determine the place of social rights and freedoms of man and citizen in the hierarchy of constitutional values were systematized; formal criteria for the definition of the concept of «decent life» and the author’s interpretation of the concept of «free human development» have been proposed. The findings and results obtained can be used in further legal studies, as well as in public authorities.

International protection of human rights during armed conflicts

This article is devoted to consideration of issues that cover the most sensitive and popular topics of today, in particular, the protection of human and citizen rights during escalation, assistance in the protection of fundamental rights by the international representation. Respect and protection of human rights is one of the leading principles of international law, enshrined in international legal treaties. All countries must adhere to the principles of freedom, democracy, respect for human rights and fundamental freedoms.Human rights, which are enshrined in current international legal treaties, are the result of the long-term historical development of social and political thought, the gradual formation of standards that have become the norm for the life of a modern democratic society. The author examines the provisions of the most famous international documents related to the protection of human rights during an armed conflict: the Convention for the Protection of Human Rights and Fundamental Freedoms, the additional protocol to the Geneva Conventions of , relating to the protection of victims of armed conflicts of a non-international nature (Protocol II) of June 8, 1977 year, the International Covenant on Civil and Political Rights of December 16, 1966 and other international documents relating to armed conflicts of a non-international nature. The international system of human rights protection is part of the system of international relations as a whole, but on the other hand, it is a system of international law, forming one of its branches. There are three main points of view regarding the place of human rights in international relations. According to the traditional statistical approach, human rights are a matter of sovereign state jurisdiction and continue to be a secondary object of international relations. There is a need to ensure human rights under any circumstances. An important priority in international cooperation is the protection and guarantee of human rights during armed conflicts and conflicts of a non-international nature. To date, international law refers to armed conflicts with condemnation, aggression, and prohibits any kind of war in general. But unfortunately, this is our reality of modern stages of human development.

Community Forest Management: Weak States or Strong Communities?

Community forest management (CFM) has become an influential approach in the sustainable use, management, and conservation of forests worldwide. It ranges from community-based self-governance of local village forests to co-management approaches with state forest agencies in public forests. However, analyses show complex relationships between states and communities in CFM. At least three ideal types can be identified. The first refers to local communities that collectively decide to manage surrounding forests themselves due to a lack of state involvement. As a manager of the public good, such absence of the state may easily lead to deforestation and forest degradation that such communities wish to avoid. A second type refers to the co-management approaches of local communities and state forest agencies. Here, forest officials and community members cooperate in managing local forests. A final type refers to indigenous communities with strong customary forest institutions whose territorial claims are recognized by the state. While communities always need specific institutions, knowledge, and tenure rights in place to make CFM perform, each ideal type presupposes various degrees of state capacity and state autonomy. The article concludes that weak states (to some degree) and strong communities (of a certain kind) may indeed form a “convincing liaison” in CFM, although it is not the only arrangement that may produce (some) positive social and environmental impacts on the ground, as the cases explored illustrate.

Rights from the start: the place of children's rights in clinical dentistry.

In 1989, the United Nations Convention on the Rights of the Child proclaimed children's rights, affording children and young people special protection and assistance. This has implications for many aspects of dentistry, including health service design, policy and research. It is less clear what a child rights-based approach looks like for our day-to-day clinical practice. This article sets out to question what it means to translate upholding children's rights into practical action in dentistry. It further issues the challenge that adults must know about children's rights and help children learn about them and suggests how dental teams could contribute to advancing this agenda.

The place and challenges of Human Rights Impact Assessments in Latin American internet regulatory futures

Human Rights Impact Assessments (HRIA) have become an important tool of corporate governance in the field of business and human rights and, thus, have been embraced by companies in the ICT sector. This was to an extent predictable: for quite some time now, internet companies have been accused of violating human rights through action or omission. In this context, HRIAs appear as a procedural mechanism that may help them make better decisions and, at least, curb criticism. This article seeks to contribute to inquiries into this development by highlighting the regulatory context in which HRIAs emerged within the ICT sector, the institutional history of the tool, its ambiguous genealogy and the challenges and opportunities for its usage in Latin America.

‘Human Rights do not exist’: thinking about and beyond the existence of human rights

ABSTRACT This article examines the critical positions taken by two prominent figures of the twentieth-century philosophical tradition, Panajotis Kondylis and Gilles Deleuze, regarding the existence of human rights. In their ways, both thinkers identify a problem with the (non)existence of human rights, particularly with human rights’ invocation of universal or eternal values. According to Deleuze, this all-encompassing, universalist language of human rights promotes a problematic way of thinking that ‘thinks’ in abstraction. For Kondylis, human rights do not exist, as their universalist claims are a matter of political exploitation and/or conceptual confusion. By focusing on the interplay between non-existence and ‘sham’ or ‘abstract existence’, this article aims to critically examine our ways of thinking, in terms of human rights or beyond them, and how such a problematisation may pave the way for further discussions regarding the (non)place of human rights in our contemporary and future state of affairs.

Realization of social rights of Ukrainian citizens under martial law

A scientific analysis of the mechanism of realization of social rights of Ukrainian citizens in the conditions of martial law was carried out: for social protection, for housing, for a sufficient standard of living. The place of social rights in the system of human rights, their legal regulation and mechanisms for ensuring them are determined. It was concluded that there are such types of social protection of the family, childhood, maternity and paternity as social assistance, social services and social benefits. In addition, the general principles and legal regulation of family and child protection in Ukraine are defined, the main directions of transformations aimed at ensuring rights in the social sphere are described. In particular, the state guarantees of compliance with the rights, freedoms and legitimate interests of internally displaced persons displaced by war were analyzed. Finally, it was noted the presence of consolidated approaches to judicial practice in the field of family relations, in particular, in terms of the primacy of the principle of the best interests of the child.

Not Logic, but Experience: Teaching Canadian Human Rights Law

ABSTRACT Teaching Canadian human rights law demands more than simply instructing law students on caselaw precedents, jurisprudential principles, and legislative developments, as important as learning about this legal framework is. It also requires the imparting of a human rights imagination to students. This involves a focus on the social environment that ultimately generates and shapes anti-discrimination laws, such as disparate living and working conditions, demonstrations and civil disobedience, new arguments about the meanings of equality and discrimination, and understanding the role of social science research. Human rights legal decisions, when written with empathy and lucidity, can become effective teaching tools not only in law classes but also in social science courses on human rights. Learning to understand and interpret the place of human rights through the leading rulings of courts and tribunals can offer instructive insights into the strengths, weaknesses, and potential of our contemporary approach toward protecting and enlarging human rights in Canada.

PROSPECTS AND FEATURES OF INHERITANCE OF DIGITAL ASSETS AND DIGITAL RIGHTS UNDER A WILL

This article contains an analysis of the legal status of digital rights and assets, a comparative legal analysis of the domestic doctrinal concept of the place of digital rights and assets in the system of objects of civil law of the Russian Federation and a similar position in the doctrine of law of European countries. The author reveals the features of inheritance of social network accounts and other digital assets, reveals the degree of influence on the civil turnover of the privacy policy and rules for using a certain Internet platform established by the operator of the information platform on the Internet in the field of digital assets, and also defines the criteria for identifying digital assets, in order to properly implement the last will of the testator (when bequeathing a digital asset within the framework of the will).

Access to Justice: New Right or a Reaffirmation of Existing Human Rights for Persons with Disabilities?

<div class="WordSection1"><p><em>The Convention for the Rights of Persons with Disabilities (CRPD), as a specific human rights instrument, seems to create a new disability-specific right to access justice under Article 13. This study analyzed the place of specific rights for people with disability to access justice in the CRPD. This study concludes that Article 13 of the CRPD has expanded the traditional conceptions of access to justice since it also covers effective remedy and fair hearing. Several inherent limitations, or impairments, which interact with multidimensional and inherent barriers, have prevented persons with disabilities from accessing justice based on equality. The article has shown that the new set of rights is a guarantee of justice. </em></p></div>

Theoretical characteristics of the category "fundamental human rights"

The article is devoted to the theoretical analysis of fundamental human rights as a special category. It is established that fundamental human rights should be understood as main, most important, basic rights. Three aspects of distinguishing this category of human rights are proposed. The content-value aspect indicates the connection of fundamental rights with basic social values, which determines their universal nature. The hierarchical aspect determines the place of fundamental rights in the system of human rights and freedoms, emphasizes their supremacy and systemic nature. The procedural-restrictive aspect demonstrates the peculiarities of the realization of fundamental rights in the context of the functioning of public and political power and emphasizes the prevention of state interference in the most important areas of private life.
 The influence of local conditions and local cultures on the recognition of certain rights as fundamental on the example of activity of the Inter-American Court of Human Rights has been studied. It is emphasized that in specific conditions of place and time, certain human opportunities become especially relevant and require increased legal protection and guarantees, which leads to the expansion of the catalog of fundamental human rights. Examples include freedom of access to information and the right to privacy, which have become fundamental rights in recent decades. It is concluded that fundamental human rights are aimed at protecting the most important, basic social values, are the basis for the formation of an integrated human rights system and create a reliable framework that protects the individual from excessive pressure from public and political authorities.

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.

From the Editor

From the Editor Alberto Varon (bio) The politics of gender are on full open display as I write these words. Or perhaps more specifically, it is the politicization of gender that has exploded, again, onto the national discourse. Just this week, a Supreme Court document that purportedly lays the case for overturning decades of reproductive rights legal precedent was leaked. Although the outcome of this disclosure remains to be seen, and more importantly, we are yet to see the eventual Court ruling, which will have widespread consequence, the leaked document has triggered a mass public response from both ends of the political debate. Numerous state legislatures have already moved to further restrict access to legal abortion, while scholars and journalists have called into question the legal arguments informing Justice Alito's draft majority opinion. On both sides, debates in the medical profession and practice are now rendered legal evidence. It seems increasingly likely that women's control over their own lives and bodies will be restricted, which will disproportionately impact the underresourced and women of color, particularly in states with traditionally conservative governments. It is a stunning politicization of the institution that historically has maintained an image of objectivity, yet the event has made clear the importance of culture in all facets of democratic political life. This attack on women's rights is not in isolation, but a counterpoint to other assaults on gender freedom across the US and the Americas. Rather than forming part of a broader movement or indicating a general direction of social consensus, what is occurring in the US runs counter to recent gains on reproductive rights in places like Mexico, Colombia, and Argentina, for example. These events are part of larger movements toward gender equality that intersect with issues of immigration, economics, organized crime, and violence extending across the hemisphere. It remains unclear how the eventual Supreme Court ruling might influence these gains. We have witnessed a decades-long femicide along the US-Mexico border impacting women's mobility and liberty. In Mexico alone, thousands of people disappear each year, and prosecution or justice is infrequent. These horrific events require new forms of thinking, new frameworks for gender and sexuality. These concerns shape the cultural backdrop against which we release this issue of Chiricú Journal. Indeed, gender is at the forefront of this issue, particularly in the critical essays that cohere around diverse ideas of gendered and sexual representation. The essays revisit well-known artistic representation or chart new ground for [End Page 1] understanding the complex dynamic between human and nonhuman. Whether on the stage or in the environmental fiction of the ecoGothic, they actively defy existing categories of femininity and subjectivity and ask us to imagine new forms of female agency and subjectivity. The legacy of patriarchy, colonization, and racial systems continue to shape our public discourse. Despite the assaults and the differences in our positions, these longstanding social forces stress the importance of community and organization as a defense against violence or the impingement of rights. While much has changed over the last half century, the discussion on gender and political rights is equally pressing today. Our cover image, extracted from Hernández Sánchez and Bejarano's "Feminist Border Manifesto," reminds us of the countless ways in which our transborder communities are inseparably linked to one another. The unworn costume of an ocelot lies along the edge of a desert road, strewn though not discarded in temporary respite from its use as part of ongoing social organization. In the background, sage, yucca, and pink sand both are of and recede into the landscape behind the road, the hard line of the pavement rapidly dissolving into the natural world. The costume—meant to be worn, donned, lived in—represents an important connection between these spaces. We are of both worlds, part of the environment that shapes our movements and social lives. These creative and critical pieces help us better conceptualize how gender structures social life and how we, like the unoccupied costume inviting its animation, might inhabit new modes of social being affecting change. [End Page 2] Alberto Varon Indiana University Alberto Varon Alberto Varon is Associate Professor of English and Latino...

Determining the Place of Residence and Rights and Responsibilities of a Juvenile Child in the Case of Parental Divorce

The thesis is about "Determining the place of residence and rights and responsibilities of a juvenile child in the case of parental divorce" which focuses on one of the most acute and always controversial problems in our country. In Georgia, there are frequent cases when the parents of a juvenile are divorced or living separately and can not agree about with whom to stay their child to raise. Judicial practice in this regard is common and in every new case are made largely different decisions. There are exceptions when there is no dispute between the parents and they decide for themselves with whom the juvenile should be brought up, so the analysis of each case is considered. In this thesis, we have discuss about the protection of the interests of the juvenile, the involvement of the guardianship and custodial authority , which plays a major role in the decision-making process by the court, as it is crucial for them to thoroughly study the case and determine the psychological state of the child and the essence of the interim order issued by the court, as well as the consideration of the interests of the juveniles in determining their place of residence. The research also covers the definition of parental rights and responsibilities in the above case, which is one of the most important issue. Also, there is a little attention about situation not only in Georgia, but also in other countries in this regard.

Legal limitations of socio-economic rights: positive and negative experience of Europe

The article shows the review of legislative restrictions in European countries which deal with the limitations of the socio-economic rights of the population. The research aims to analyze the limits of human and civil rights and freedoms in modern conditions and directly related relations based on the study and generalization of the doctrinal heritage of legal science, current European legislation, and practice of its application. The article highlights the critical analysis of scientists' opinions on the formation and limitation of socio-economic rights, makes a general assessment of the legislative regulation of this issue. As a result, the features of legislative protection of human rights in European countries, the place of socio-economic rights in the general human rights, and their importance for the socio-economic development of society are shown. Furthermore, the main principles of legislative regulation and practical restrictions are shown: the supreme source of law, indivisibility, and interrelatedness of rights, the doctrine of the supreme public right over the individual one, the principle of formation of rights and restrictions under the national specifics. All this allowed, as a result, to make a comparative analysis of the positive and negative experience of state regulation of socio-economic rights and summarize the conclusion that ensuring social and economic rights of some people can create prerequisites for the formation of socio-economic restrictions for others. In such situations, the state must perform a controlling function, which will ensure a balance between the rights of some parties and the limits of others.

Rights and obligations in Cambridge social ontology

AbstractRights and obligations—sometimes referred to as deontology or deontic powers—are key to most contemporary conceptions of social ontology. Both Cambridge Social Ontology and the dominant analytic conception associated, most prominently, with John Searle, place rights and obligations at the centre of their accounts. Such a common emphasis has led some to consider deontology to be a point of similarity between these different theories. This is a mistake. In this paper, I show that a distinctive conception of rights and obligations underpins Cambridge Social Ontology and its social positioning theory. Moreover, I argue that a fuller understanding of the account of rights and obligations defended in Cambridge in fact reveals that it can be differentiated from other conceptions and, most importantly, Searle's, by its recognition that a practical dimension is always involved in social constitution.

On the question of the legal nature of economic rights

The authors address the debatable issue of the place of rights, characterized as economic, in the totality of the rights and freedoms of man and citizen. Thus, it is indicated that in the legal literature there are several approaches to solving this issue, and diametrically opposed. The authors join the position of scientists, additionally arguing the conclusion that economic rights should be considered as an independent group due to the distinctive features inherent in economic rights.

Ethical-Moral Rights and Conflict Management

The text discusses the place of ethical-moral rights in processes of conflict management and in demands for citizenship rights from a comparative perspective. Drawing on cases brought to small claims courts in the US, demands for recognition in Quebec, and patterns of inequality of treatment in Brazil, the text reflects upon the importance of these rights and the respective difficulties to redress them adequately.