Social Human Rights Research Articles

The social state in Russia and Belarus as a complex constitutional principle

In the modern period, the Russian and Belarusian states have observed the development of social relations related to the implementation of the constitutional principle of a social state, as well as the consolidation of processes aimed at interaction and searching for a balance of interests and responsibilities in the social and economic spheres. The relevance of the topic is determined by the discussion on issues related to the definition of the concept and essence of a social state, the constitutional content of such principles and requirements of a social state as social justice, social equality, a decent standard of living, free development, mutual social responsibility, assessment of the influence of the practice of the constitutional courts of the Russian Federation and the Republic of Belarus for the development and implementation of the principle of a social state in the countries under consideration. It is concluded that the concept of a social state acts as a multidimensional characteristic of the state, reflecting, firstly, the conceptual focus of state policy on ensuring social protection of citizens based on the principles of social equality, social justice, ensuring a decent life, free development, as well as other principles and requirements, reflecting the social orientation of public authority, and, secondly, a model of relations between the state and the individual, functioning on the basis of mutual social and legal responsibility. The principle of a social state is a complex basic constitutional principle - a legal narrative that contains specific principles and requirements for the social nature of the state system and predetermines the system of social human rights and their guarantees, as well as the social responsibility of subjects of public legal relations.

Reykjavik Summit: a new impetus from the Council of Europe in promoting the Social Rights Agenda in Europe

Social rights are an integral part of the Council of Europe’s shared joint vision. They are indispensable for all citizens to live in dignity and have a self-determined lifestyle. Guaranteeing them is an essential condition for democracy. The European Social Charter, known as the Social Constitution of Europe, plays a central role in the European human rights architecture. No other legal instrument at the pan-European level offers such broad and comprehensive protection of social rights. In May 2023, the Reykjavik Declaration insisted on Member States' commitment to this treaty. Consequently, this upcoming July 3 and 4, 2024, the High-Level Conference on the European Social Charter will take place in Vilnius, under the Lithuanian presidency of the Committee of Ministers. Its significance lies in the fact that the States will take up new challenges, including consolidating its standards, simplifying its systematization and contributing to its effective implementation. In short, it will reaffirm the need for social human rights to be key to the construction of the European legal framework.

The right to health care in the system of social human rights

In the current academic literature, the right to health is considered in the context of a wide range of disciplines, including medical law, international law and social sciences. An important step in the formation of the legal framework for the right to health was the adoption of the WHO Constitution in 1946, which proclaimed that «the enjoyment of the highest attainable standard of health is a fundamental right of every human being». This declaration became the basis for the further development of international health standards, including the 1966 International Covenant on Economic, Social and Cultural Rights, which in Article 12 recognises the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
 Research and scholarship on the right to health covers various aspects of this issue, including analyses of national health systems, examination of international standards and their impact on national legislation, and development of recommendations to ensure equal access to health services. Despite the significant achievements in the development of international norms and standards, there are challenges related to their implementation at the national level, including the need to adapt national legislative and institutional frameworks to international obligations.
 Ukraine, like many other countries, is striving to meet international standards in the field of the right to health, while facing a number of challenges that require a comprehensive approach to reforming the national healthcare system. Scientific research plays an important role in this process, helping to identify gaps in legislation and practice, as well as to develop sound recommendations for their elimination.
 Given these aspects, this article aims not only to analyse the theoretical foundations of the right to healthcare, but also to highlight the practical steps and challenges that Ukraine faces on the way to its full implementation.

Development of international legal standards in the field of economic and social human rights: Historical and legal analysis in the context of scientific discussion in the journal “Human Rights Quarterly”

The relevance of the study is conditioned by the lack of scientific consensus on the legal content and possible ways to implement social and economic human rights and the intensification of discussions around them in scientific and public discourse. The purpose of the study is a historical and legal analysis of the process of development of international legal standards in the field of economic and social human rights, options for their rationing in the text of international treaties that were developed based on the results of discussions in the late 1940s-early 1950s. The study involved archival materials of meetings of the Third Committee of the UN General Assembly and the Commission on Human Rights, which was based on the use of a set of methods of qualitative and quantitative analysis, synthesis, and a comparative legal method. The conducted research gave grounds to come to several reasoned conclusions. On the one hand, the analysis of individual papers and fairly broad scientific discussions helped to identify several main conceptual approaches to understanding the processes of developing and consolidating the most important legal norms that are aimed at regulating the sphere of economic and social human rights at the international level. On the other hand, based on a study of the protocols of meetings of both the Third Committee of the UN General Assembly and the Commission on Human Rights, it was established that the process of developing and adopting framework international covenants, which aimed to consolidate fundamental, legally binding norms of law, went through different stages and covered different conceptual approaches of participants in this process. Given the analysis of modern studies on the subject matter, the prerequisites and components of the process of development of international legal standards in the field of economic and social human rights which regulate it to this day were identified. The findings are of value primarily for other scientific developments devoted to the field of human rights, but they can also be applied in the process of law-making in accordance with the field of law

Human dignity as the highest value in the globalized world

Today, when we talk about globalization, we see how the connection of time has broken at the intersection of two eras. Technologies of the 20th century gave birth to a new perception of life, which became more intense, brighter, more dynamic. Scientific discoveries and inventions: telephone, telegraph, gramophone record, radio, aviation, cinema – all these technical innovations changed the essence of human existence. At the same time, the 20th century contributed to the decline of moral values and human spirituality, which often led to social contradictions and conflicts. In the conditions of the global world, these transformations are influenced by various negative factors: totalitarian regimes, mass murders of people, racist and Nazi ideologies, as well as political systems built on them, human humiliation, contempt for universal values, and therefore denial of human dignity. Scientists associate this process with the destruction of the human in a person, with negative changes in the spiritual world of a person. The person himself has changed, his values have been reevaluated, but a person has no choice: he must remain a person, showing his dignity. In the modern conditions of globalization processes, the study of human dignity is a significant challenge for Ukrainian jurisprudence, since the need to protect it is embedded in one of the main principles of international law – respect for human rights. The article examines the peculiarities of the influence of today’s globalization processes on a person, his dignity and rights. The meaning of the concept of “dignity” as the highest social value of a person is revealed. An analysis of various approaches to understanding the concept of “human dignity” was carried out. The main focus is on the moral foundations of the development of the human personality, including the provision of personal dignity. The content of the provisions of the Constitution of Ukraine and international normative legal acts, which ensure the right to human dignity, is disclosed. The essence of human dignity due to its value in society as an integral feature of the social state is defined. Attention is focused on the fact that the right to respect for human dignity acquires special importance in the context of the welfare state, as it is the basis of human social rights. Providing a person with a decent standard of living depends on the practical implementation of these rights.

Scandinavian Diplomacy on Human Rights and Economic Inequality at the United Nations in the 1970s

Abstract In the 1970s, United Nations debates on human rights and economic inequality were deeply shaped by the New International Economic Order (nieo) advocated by the developing countries and the basic needs development strategy championed by the World Bank and the United States. This article uses archives from Sweden, Denmark, and Norway as well as UN records, to examine the contributions Scandinavian diplomats and policymakers made to these debates. It demonstrates that the Scandinavians took a favorable position on both the nieo and basic needs, viewing them as complementary strategies to realize economic and social human rights. This view matched their activist foreign policies centered on UN diplomacy, human rights, and Global South solidarity. Finally, the article argues that the Scandinavian position reflected and was underpinned by a broad conception of human rights that put economic and social rights on an even footing with civil and political rights.

Human social rights in Ukraine: international standards, current state and prospects for development

The article is devoted to the current state of social protection of citizens of Ukraine. The issue of social human rights and standards of regulation, provision and protection of social human rights in Ukraine. The study of existing international standards for the regulation, provision and protection of social human rights, which in connection with the development of society are gaining more and more importance, as they are designed to guarantee people a decent standard of living. The development of human social rights is analyzed, as well as the analysis of international mechanisms and standards for their observance and protection. It is justified that the state should have a wide range of measures aimed at ensuring maximum coverage by the social protection system. The main focus is on the existing gaps in the field of social security, which may hinder the economic recovery of the country. It is proposed to pay more detailed attention in further research to the comprehensive development of mechanisms for ensuring and protecting social human rights and their improvement in connection with the constant challenges of modernity. Key words: social protection, international standards of social rights, human rights activities, human and citizen rights and freedoms, constitutional reform.

Вплив релігійних організацій на вирішення міжнародно-правових проблем в умовах глобалізації

The article reveals the mechanisms of influence of religious organizations on international relations and the dynamics of their influence on the solution of international legal problems in the conditions of globalization. In the conditions of globalization of world processes and growing tendencies towards interdependence in international relations, religion acts as an optimal mode of self-identification of individual countries, interstate associations and unions. Currently, we are observing the growth of the number of international religious organizations and foundations, religious parties and movements whose functioning and activities are of an international nature. Religious organizations develop and adopt their international agreements, which usually do not have a normative legal nature, but are taken into account by the world community and states during the development of new international legal standards on matters of religion. It was noted that the Christian influence affects the perspective of the evolutionary movement of the international legal system and ensuring its stability. Thus, the humanization of the legal systems of states through the prohibition of the death penalty, the rejection of cruel punishments and those that degrade human dignity, the softening of the conditions for serving punishments, and the expansion of the range of human social rights have a clearly expressed Christian color. The influence of religious organizations on international law can be traced at various levels of its existence and formation. The religious factor affects the development of law as a normative regulator, as well as a form of social and individual consciousness, a mode of spiritual development. It has been proven that modern religious doctrines are an important factor that determines both the specifics of the political process of an individual state and the trends of international life. The latter gives reason to assert that despite the fact that the process of modernization of religious organizations is taking place, in the 21st century they will continue to determine the nature of international relations in the future.

The Gewirthian Needs-Based Hierarchy: A Concept for Prioritising Conflicting Norms in International Law

ABSTRACTInternational law is divided into functionally detached treaty regimes which lack clear hierarchies between them. Specific rules on how to prioritise among conflicting norms, e.g. between international patent rights under the World Trade Organisation TRIPS regime and the fundamental right to health under United Nations human rights law, are missing. Political sentiments and economic policies often tend to prioritise business interests, including the protection of pharmaceutical patents held by multinational corporations, over contrasting societal interests, which has direct negative impacts on the realisation of economic and social human rights. In this context, this article takes account of moral philosophical reasoning, with particular consideration to the needs-based hierarchy established by Alan Gewirth in his conceptualisation of the principle of generic consistency. The article shows how, when applied to the concept of human dignity, the needs-based hierarchy can provide guidance on adequate prioritisation among conflicting legal norms, suggesting the necessity of protecting the most fundamental human needs over less essential economic interests.

Ensuring the protection of social human rights: international standards

Ensuring the protection of social human rights: international standards

JUDICIAL, LEGAL AND CONSTITUTIONAL REFORMS AS MANIFESTATIONS OF INSTITUTIONAL ALTERATION OF THE PUBLIC ADMINISTRATION SYSTEM

The article highlights the essence, concept and structure of judicial and legal reform. At the same time, among the components of such a reform, objects, subjects and legal relations are singled out. We believe that the constitutional reform, which also provides for the implementation of alteration processes, has a similar structure. Taking into account the provisions of fundamental science, it is recommended to consider alteration in the public administration system as a set of processes related to the implementation of structural, functional and other institutional changes. It was revealed that in Ukraine judicial, legal and constitutional reforms are still ongoing, accordingly, the processes of alteration within the framework of these reforms are not completed and the achievement of the set goal is not ensured. In this context, measures are proposed for the completion of such reforms, which involve the institutional modernization of the public administration system, taking into account external and internal factors influencing the reform process, preserving the cornerstone constitutional principles, observing global trends in prioritizing the provision of public, political, economic and social human rights. It is emphasized that today the completion of judicial, legal and constitutional reforms is hindered by external aggression against Ukraine. However, such a negative external influence is recognized as a potential incentive for a complex institutional transformation of the public administration system, taking into account Ukraine's Euro integration aspirations.

Implikasi Kesetaraan Gender dalam Pendidikan Islam Studi Analisis Paradigma Fatimah Mernissi

Title in Indo Gender equality is the view that all people must receive equal treatment and no discrimination which refers to the rights, responsibilities and equal opportunities of women and men. The purpose of this research is to describe and analyze the implications of gender equality in Islamic education in the Analysis Study of Fatimah Mernissi. The type of research used is library research using a descriptive qualitative approach. The results of this study are that education is the key to establishing gender justice in society, skills and knowledge are also tools for studying and conveying new ideas. Education is a strategic tool in making changes, especially Islamic education. Fatima Mernissi views that education is an initial stage in Islamic education. Where parents act as the first teacher at home. Learning materials as well as knowledge of religion, culture and social customs. In this case Fatima explained that between women and men, both of them are educators and students, they all have the same learning opportunities because they have the same responsibilities. This already happened at the time of the Apostle, he did not divide his people just because of religious and worldly issues, such as social and individual matters. Fatima views that the problem of differences between men and women will continue to exist but within reasonable limits and without eliminating aspects of freedom of human rights that are inherent in her, as well as individual and social human rights responsibilities.

Reciprocating to the bottom: Is there negative diffuse reciprocity in social economic human rights

Is reciprocity possible in human rights agreements? This article argues that human rights agreements can create negative diffuse reciprocity if there is reliable information about countries’ compliance levels. The article analyses the link between information on countries’ non-compliance with the International Covenant on Economic, Social and Cultural Rights on the one hand, and countries’ efforts to protect social economic rights on the other. It finds that the more information is published on violations of rights, the lower the levels of countries’ efforts to protect these rights. This means that countries practice negative diffuse reciprocity with regard to the International Covenant on Economic, Social and Cultural Rights. This is a notable finding since there are several factors working against the practice of reciprocity in human rights agreements. The article draws theoretical conclusions regarding the conditions for reciprocity in human rights agreements and sheds new light on the concept of reciprocity and its link with information.

Rigidity of Caste System in India and the History of Religious Conversion: A Step Taken by the Sufferers in Order to Protect Their Self-Honour

This article tries to explore and analyse the sensibility and rigidity of caste system which is embedded deep into people’s psyche in India and has proved to be the stumbling block of social justice and human rights. The article also attempts to review the work of some of the scholars, which shows how opting for another religion gave the sufferers a chance of fair deal and opportunity to live with honour and self respect.

“Social Innovation” and Urban Policy during Covid 19: Systematic Literature Review and Content Analysis

This article focuses on how social innovation activities were developed in the urban context during the Covid 19 pandemic, through systematic literature review and content analysis. The literature search was carried out between June and September 2021 on the Web of Science database. 64 articles reached from the database were filtered by applying exclusion-inclusion criteria. After examining the article abstracts, it was determined that 23 articles were closely related to the research subject. Using the NVIVO qualitative analysis program, key features of social innovation in the urban context during COVID 19 were analyzed (in terms of being value-based, social needs/problem-oriented, change-oriented). The research findings are discussed in three sub-titles, revealing the "basic values", "prominent social problems/needs and solution proposals" and "main stakeholders" of social innovation in the context of urban policies during the pandemic. The results of the analysis have shown that the understanding of social innovation in the urban context during COVID 19 has been associated with collective values and focused on the responsibilities of local governments for the realization of social human rights. In this framework, attention is drawn to the opportunities for the implementation of participatory democracy at the level of local governments.

Confronting Gender Inequalities in Education Leadership: A Case of Zimbabwe

The persistence of the marginalisation of women has dominated education leadership research recently. This study examined literature on women’s education leadership and management through the lens of social justice. The study used Shields’s tenets of transformative leadership to unearth and dissect issues of gender discrimination in education leadership. As a catalyst for a recent systematic review of research on Zimbabwean women’s education leadership literature, the study reviewed 22 publications used earlier in the systematic research review. The studies were identified through numerous electronic searches following carefully defined eligibility criteria. A thematic analysis was conducted through the use of mind maps to deduce common themes. The results suggested a transformation of persistent political, institutional, structural, economic, cultural and social inequalities and human rights violations to achieve social justice in education leadership. Further research should be undertaken to examine the root causes of persistent gender imbalances and the failure of gender equity.

Tax abuse-The potential for the Sustainable Development Goals.

Governments generally provide the services that allow people to access the critical determinants of health: water, sanitation, and education. These are also Sustainable Development Goals and fundamental economic and social human rights. Studies show that governments spend more on public services and health determinants with more revenue. However, governments in low and lower-middle-income countries have small budgets, and tax abuse (avoidance and evasion) contributes to revenue leaks. Researchers have estimated that four countries enable more than half of global tax abuse. We used estimates on tax abuse with a model of the relationship between government revenue and the determinants of health to quantify the potential for progress towards the Sustainable Development Goals 3, 4, 5, and 6. The increase in government revenue equivalent to global tax abuses is associated with 36 million people having access to basic sanitation and 18 million having access to basic drinking water. Additionally, over a ten year period, this increase would be associated with over 600,000 children and almost 80,000 mothers surviving. Thus, curtailing tax abuses would significantly contribute to progress towards the Sustainable Development Goals. Countries that enable tax abuses must review and modify policies to ensure progress towards these goals.

Ways of development of theory and practice of social work in the conditions of globalization

The article is devoted to the results of research of the directions of development of theoretical knowledge and practice of social work as an independent branch in the conditions of growth of globalization influences on the social sphere. It is established that globalization has contributed to the focus of representatives of the international professional communities of social workers on the issues of mission, purpose of social work. In particular, the recognition of professional activity of social workers as one that contributes to social change, development, social cohesion, strengthening people's ability to function independently, freeing them from the negative, dangerous influences of the environment and the environment. Particular emphasis in the practice of social work - on the observance of the principles and values of the profession, such as social justice, respect for human rights, respect for diversity.
 Representatives of international professional organizations of social workers - the International Federation of Social Workers (IFAS), the International Association of Schools of Social Work (ISAF) and the International Council for Social Welfare - are leading the way in shaping the development of the theory and practice of social work. Thanks to the joint efforts of active representatives of these global professional communities in the field of social work, a number of studies have been conducted with the involvement of professionals from all levels of social work practice - from micro to macro and including social policy. This made it possible to find that in the context of ongoing and growing globalization changes in the world there is a growing social inequality in access to basic resources. Inequality in access to health services is particularly illustrative, prompting social workers to recognize this area of the social sphere as one of the most threatening in terms of social justice and human rights. One of the urgent ways to solve this problem is to promote social development, which is realized through the formation of strong and stable communities. Achieving this will be facilitated by the stable well-being and strengthening of the role of social work practitioners in improving and strengthening communities.

ЕКОНОМІЧНИЙ КОНСТИТУЦІОНАЛІЗМ: ПОСТАНОВКА ПРОБЛЕМИ

The article clarifies the essence of economic constitutionalism (constitutional economics) as an interdisciplinary doctrine. It is argued that economic constitutionalism (or constitutional economics) is the name of an interdisciplinary scientific field on the border of economics and constitutional law. In essence, economic constitutionalism is a special section of constitutionalism in general, which focuses on economics, property, the combination of private law and public law principles in the constitutional text, the theory of legitimate expectations, the economic nature of human rights and other constitutional legal objects regulation, ensuring de facto equality and establishing the limits of interference with economic freedom, financial and budgetary issues, the economic consequences of the concept of the welfare state and social human rights, etc. It is proved that economic constitutionalism is a promising interdisciplinary direction that integrates politics, constitutional law and economics. The importance of researching the economic nature of basic public and state constitutional institutions is beyond doubt. Similarly, the impact of relevant institutions, on the other hand, especially in the transition and transformation stages of development is enormous. The following main directions can be identified for further research on economic constitutionalism (constitutional economics), namely: consideration of law and the constitution as a manifestation of self-regulation; the role of property institutions, market economy, capitalism to ensure freedom; the need to ensure equality in order to implement rational choices, the interplay of democracy and social rights; the link between democratic transit and a market economy, exploring ways to grow and overcome poverty. The practice of interpretation of the constitution by the body of constitutional jurisdiction plays a significant role in economic constitutionalism. Analysis of the experience of the Ukrainian Constitutional Court in this aspect so far leads to the conclusion that its positions are inconsistent and, unfortunately, insufficient role in the constitutional economy (in terms of potential positive impact).

History and scope of social human rights for irregular migrants.

Una de las principales interrogantes respecto a los derechos humanos de las personas migrantes en situación migratoria irregular es si tienen o no derecho a las prestaciones de los derechos sociales, los cuales además son parte de los derechos humanos. Este artículo muestra cómo las leyes internacionales que reconocen los derechos humanos, a medida que evolucionaron, han logrado evitar la exclusión basada en el estatus migratorio. Sin embargo, las reglamentaciones administrativas nacionales no siempre están en consonancia con las leyes internacionales. Para llegar a esta conclusión, el estudio parte del análisis de la evolución histórica de los derechos humanos vigentes en el continente americano, las convenciones y recomendaciones de la OIT sobre el derecho al trabajo y la seguridad social de los trabajadores migrantes, los instrumentos internacionales de la ONU regionales, y finalmente, el estudio de la protección de los derechos humanos sociales de los migrantes irregulares en México.