Standards Of Human Rights Research Articles

Presence of Inmates with Mental Health Problems in Detention and Correctional Centers in the Republic of Kosovo.

Conventions adopted by the United Nations and Council of Europe pay special importance to the treatment of prisoners with mental health problems. Their treatment is close-ly related to respect for human dignity, and the prohibition of torture, cruel and degrading treatment or punishment. The Eu-ropean Court of Human Rights, in many cases, has ruled that the detention of a mentally-ill person can raise issues under Ar-ticle 3 of the European Convention on Human Rights and that the lack of adequate medical care can result in treatment in con-travention of this article. The Republic of Kosovo is not a mem-ber of the United Nations and Council of Europe. However, it has incorporated in its Constitution a number of Conven-tions adopted by the United Nations and Council of Europe. Also, Kosovo has adopted a legal framework which prohibits torture, cruel and degrading treatment or punishment in ac-cordance with the international human rights standards. The Constitution also provides that human rights and fundamen-tal freedoms guaranteed by the Constitution shall be interpret-ed in accordance with the case law of the European Court of Human Rights. Review of Ombudsperson's, Committee for the Prevention of Torture, Prison Health Department of Kosovo Ministry of Health reports, as well as reports of the NGOs in Kosovo.

Optimisation of Ukrainian Legislation in Line with European Human Rights Standards

Optimisation of Ukrainian Legislation in Line with European Human Rights Standards

Optimisation of Ukrainian Legislation in Line with European Human Rights Standards

Optimisation of Ukrainian Legislation in Line with European Human Rights Standards

International cooperation and its role in ensuring everyone’s right to health care and medical assistance

The article states that the right to health care and medical care is a guarantee of the right to life. To the state in accordance with Part 2 of Art. 3 of the Constitution of Ukraine is entrusted with the duty to affirm and ensure human rights and freedoms, including the right of everyone to health care and medical assistance. Such a duty of the state is defined as the main one among its other duties. For its implementation, Ukraine must create an effective mechanism for ensuring the above-mentioned right. The Covid-19 pandemic, Russia’s aggression against Ukraine and, as a result, Russia’s temporary occupation of part of the territory of Ukraine, the commission of crimes in such territories that fall under the jurisdiction of the International Criminal Court and testify to violations of human rights in the field of health care, have actualized the issue of the specifics of international cooperation of states in the field of health care under conditions of military occupation, pandemics, etc. and its role in ensuring the above-mentioned right of every person. The doctrinal approaches to defining the concepts of «cooperation», «international cooperation», and international treaties on human rights are analyzed. It has been established that diametrically opposite points of view are expressed in the scientific literature: from the declaration of cooperation as a duty of states to the complete denial of the legal force of this principle. The author’s definition of the concept of international cooperation in the field of health care is formulated - it is a complex of legal means, methods and institutions that are the result of joint multilateral or bilateral activities of states and which they use to achieve common goals of sustainable development in the field of health care in accordance with generally recognized principles and norms of international law. Attention is focused on the fact that the result of international cooperation are international standards of human rights in the field of health care, which are adopted by international organizations of a universal and regional nature, and which are implemented in national legislation, but such standards are the result of the cooperation of states, albeit within the framework international intergovernmental organizations, since these organizations are not endowed with special competence by nature, but are endowed by states by defining it in the charter of such organizations.

Formation and development of the idea of guaranteeing human and civil rights and freedoms in the theoretical and legal heritage of Ukraine

The article is devoted to the analysis of historical development and formation of the ideas of guaranteeing human and civil rights and freedoms in the context of the theoretical and legal heritage of Ukraine. The author examines the key stages of the evolution of legal ideas, from ancient times to the present, noting the influence of different historical periods on the formation of the modern concept of human rights. Knowledge of the historical experience and theoretical foundations of human rights guarantees helps to formulate strategies and policies that can ensure real protection of fundamental rights and freedoms in conditions when they are threatened by external aggression and internal challenges. The article focuses on the importance of developing a natural law concept based on the principles of freedom, equality and justice, which are considered fundamental to understanding human rights. A special place in the analysis is occupied by the study of the Lithuanian Statute, Magdeburg Lawand the role of polemical works in the development of legal consciousness. The authors point to the multifaceted approaches to the study of human rights, their origin, content and relationship with the state, emphasising the importance of democratic regimes in the consolidation and enforcement of rights and freedoms. The conclusions emphasise that the notion of human rights as natural and primary is crucial for the development of Ukrainian political and legal thought, which contributed to the formation of the rule of law and civil society in Ukraine. In the context of post-war reconstruction, the authors emphasise the critical importance of respecting and ensuring human rights and freedoms as a basis for the restoration and development of a democratic society. Democratic regimes that uphold the principles of freedom, equality and justice are key to the effective reconstruction and stabilisation of society. The adoption of international human rights standards and their integration into national policies will be key to successful post-war reconstruction, while laying a solid foundation for Ukraine’s future development.

Legality of restrictions on the right to freedom of movement in the conditions of armed conflict

The article examines the legitimate conditions for limiting the right to freedom of movement as established by international standards. It was determined that the Universal Declaration of Human Rights contains universal conditions for limiting all rights, without singling out freedom of movement. However, the act establishes general principles such as the exclusivity of restriction terms, formal certainty, and completeness of the list of restriction goals. Later documents supplemented these conditions with the social necessity of the restriction and the proportionality of the means of restriction with their legitimate goals. In the International Covenant on Civil and Political Rights and in Protocol No. 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the legitimate purposes of restricting freedom of movement were separately defined. These include the protection of national security, public order, the health or morals of the population, the rights and freedoms of other persons, and the prevention of crimes. These limitations are exhaustive, and national legislation should not go beyond them. The author analyzed the conditions for admissibility of restricting the right to freedom of movement under normal and emergency conditions. It was concluded that general requirements apply to the restriction of the right to freedom of movement during a state of emergency (armed conflict), as well as to restrictions under normal conditions. These requirements include prohibitions of destruction and excessive restriction that would be contrary to international human rights standards, as well as encroachment on the essential content of the right to freedom of movement. The criteria for the admissibility of restrictions on the right to freedom of movement, such as legality, necessity, and legitimacy of the purpose of the restriction, should also be applied. However, under extraordinary conditions, such as a state of emergency, there are increased demands. The right to derogate from international human rights obligations is possible in the presence or imminence of public danger within the limits corresponding to the severity of the situation and according to the procedure of official and public notification. Characteristic signs of restriction of the right to freedom of movement in the conditions of an emergency are their massive but temporary nature.

Wage Regulation of Outsourced Workers After the Omnibus Law of the Labor Cluster Based on Wage Theory

This research investigates the effects of the enactment of the Job Creation Law (Law Number 11 of 2020) in Indonesia on labor regulations, specifically focusing on wage regulation for outsourced workers and its implications for human rights. Employing a normative juridical approach, the study examines legal materials such as laws, regulations, court decisions, and expert opinions. Through qualitative analysis techniques, the pre- and post-Job Creation Law regulations concerning outsourced workers' wages are explored. The findings uncover significant changes in wage provisions, including the elimination of sectoral minimum wage regulations and the reduction in types of wages for outsourced workers. Moreover, the research reveals discrepancies between the Job Creation Law and international conventions' indicators of freedom, availability, accessibility, and suitability. Concerns are raised regarding the adequacy of workers' rights protection, accessibility to fair wages, and the inclusivity of vulnerable groups within the legal framework. This study contributes to understanding the Job Creation Law's implications for labor and human rights in Indonesia, highlighting areas where the law may fail to ensure equitable treatment and fair compensation for outsourced workers. Policy recommendations aimed at upholding human rights standards in labor regulations are proposed based on the study's findings.

Current Issues of Improving Proceedings in Cases of Administrative Offenses in the Context of Compliance with International Standards of Human Rights and Freedoms

The article examines the case-law of the European Court of Human Rights on the recognition of inconsistency of the procedure for consideration by Ukrainian courts of certain categories of administrative offenses with the basic provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of 04.11.1950. Based on the analysis of the ECHR judgment "Bantysh and Others v. Ukraine", the provisions of the Code of Ukraine on Administrative Offenses, the Law of Ukraine "On the Public Prosecutor's Office", and draft laws No. 10002 of 05.09.2023 and No. 10002-1 of 22.09.2023 on amendments to the current legislation of Ukraine on improving the proceedings in cases of administrative offenses, the author proves that the requirements of the European Court of Human Rights do not comply with the recommendations of the governing bodies of the European Union regarding the status of the public prosecutor's office in the system of law enforcement agencies, which may cause certain legal conflicts and problems with the application of the legislation on administrative offenses by the judicial authorities of Ukraine. Based on the results of the research, it is proposed to introduce changes to the current legislation of Ukraine in order to improve the status of the prosecutor in the proceedings in cases of administrative offenses and to determine the range of subjects authorized to represent the prosecution in relevant cases.

Crafting a Progressive Legal Landscape of Apostasy in Islamic Criminal Law Reform

This study aimed to examine the intricate process of reforming Islamic criminal law to establish a progressive legal system and ensure justice. An empirical approach was adopted with a specific emphasis on abolishing the penalty for apostasy. This qualitative study included in-depth interviews with members of the Fatwa Commission, lecturers, and students to explore viewpoints on crafting the reform of Islamic criminal law and abolishing the punishment for apostasy. Recent results of contemporary studies recommended the revision of Islamic criminal law to abolish the death penalty for apostasy. This perspective showed an effort to ensure consistency between Islamic legal concepts, universal human ideals, and evolving societal settings. This article contributes to the ongoing discourse on reforming Islamic criminal law, shedding light on the complexities involved and advocating for a more humane approach, particularly regarding apostasy. This research, it seeks to bridge the gap between theoretical discussions and practical implications, fostering a deeper understanding of the necessity for reform within Islamic jurisprudence. Through collaboration with stakeholders and continued academic inquiry, it is hoped that these efforts will pave the way for a legal framework that not only respects Islamic principles but also upholds universal human rights standards.

REDEFINING INDONESIA’S BLASPHEMY LAW IN THE DIGITAL AGE: A HUMAN RIGHTS PERSPECTIVE

This paper aims to examine the cascading impact of current conditions on the freedoms of expression and religious belief within Indonesia's online sphere, particularly amidst a rising trend of religious blasphemy cases. The dynamic nature of social interactions and discussions in cyberspace has fostered diverse interpretations influenced by subjective understandings of religion, often resulting in disputes of religious blasphemy. Employing a qualitative research method, the study analyses pertinent literary sources to provide insights into the practice of blasphemy laws and their detrimental effects on the freedoms of religion and expression. Indonesia, as a signatory of ICCPR and the Rabat Plan of Action, upholds constitutional guarantees of these freedoms. However, the current application of blasphemy regulations needs reform to better safeguard the rights of its citizens. By targeting laws that prohibit incitement to religious hatred, the legal framework can more effectively fulfill its primary objective of protecting people from discrimination and ensuring their dignity. This research underscores the urgency for Indonesia to recalibrate its approach to blasphemy laws, aligning them with international human rights standards. So that Indonesia can enhance its commitment to protecting freedom of expression and religious belief, fostering a more inclusive and rights-respecting environment for its diverse population.

ASSESSING FREEDOM OF RELIGION PRACTICES: A COMPARATIVE ANALYSIS OF HIJAB BANS IN FRANCE AND COMPULSORY HIJAB IN IRAN AND ACEH, INDONESIA

This article examines the freedom of religion practices in relation to hijab bans in France under Law No. 2010-199, compulsory hijab in Iran as per the Islamic Penal Code of Iran 1991, and in Aceh province, Indonesia governed by Aceh Government Law (Qanun). The article adopts a juridical-normative approach with a comparative analysis. The findings indicate that the enforcement of compulsory hijab in Aceh, Indonesia aligns with freedom of religion, making it a suitable model for such regulations. Conversely, the French and Iranian governments have faced challenges in addressing discrimination stemming from their respective regulations, thereby violating Article 18 of the Universal Declaration of Human Rights (UDHR) 1948 and the International Covenant on Civil and Political Rights (ICCPR) 1976, as well as Islamic principles and the Maqasid Shariah. The study recommends that the governments of France and Iran reassess their policies on hijab bans and compulsory hijab in accordance with international human rights standards, Islamic values, and the principles of Maqasid Shariah.

INDONESIAN MIGRANT WORKERS (IMW) AND HUMAN TRAFFICKING: PERSPECTIVES FROM ISLAMIC AND HUMAN RIGHTS STANDPOINTS

Indonesian migrant workers (IMW) serve as a stark representation of female poverty in Indonesia. Despite the constitutional guarantees outlined in Article 27 of the 1945 Constitution, which ensure employment opportunities both domestically and internationally, many IMW find themselves ensnared in the web of human trafficking. This article delves into this pressing issue through the dual lenses of Islamic teachings and human rights principles. Employing a normative legal research methodology with a statutory approach, a comparative analysis was conducted to evaluate the regulatory frameworks concerning IMW and human trafficking. Both Islam and human rights frameworks underscore the gravity of human trafficking, emphasizing the government's duty to prioritize domestic employment opportunities for women to safeguard their livelihoods. The eradication of human trafficking hinges on four key pillars: prevention, prosecution, protection, and partnership. Enhanced efforts are imperative to create suitable employment opportunities for IMW, particularly women, aligning with Islamic teachings and upholding global and national human rights standards for women's protection.

Harmony Unveiled: Sharia Law and Human Rights in Dubai's Justice

Utilizing a literature review as the primary method, this study delved into the navigation of tradition and modernity within Dubai's criminal justice system. The methodology entailed a comprehensive review of existing scholarly works, legal documents, and reports pertaining to the subject matter. The analysis synthesized insights from various sources to examine the system's integration of international human rights values and Sharia law principles. Additionally, it explored mechanisms for defending minority rights and assessed perceptions of the system's fairness and effectiveness among different segments of the population. Through this literature-based approach, key findings emerged. Firstly, the majority of sources indicated that the system effectively balances international human rights standards with Sharia law principles. Secondly, specialized courts and legal aid provisions were identified as mechanisms for safeguarding minority rights. Lastly, while the system was generally perceived as providing adequate protection, opportunities for improvement, such as enhancing access to justice for marginalized groups, were highlighted. In conclusion, the findings suggest that the Dubai criminal justice system has successfully negotiated tradition and modernity, offering valuable insights for other jurisdictions. Nonetheless, further research is warranted to evaluate the long-term implications of these findings and to refine strategies for ongoing enhancement in response to evolving societal demands.

GRADE good practice statements: a time to say “good-bye”? A new typology for normative statements on interventions

BackgroundClinical and public health guidelines include a variety of types of normative statements concerning interventions. “Recommendations” are usually the central focus, and are based on one or more systematic reviews of research evidence. Guidelines may include other types of normative statements, however, including Grading of Recommendations, Assessment, Develoment, and Evaluation (GRADE) good (or best) practice statements (GPS), which represent recommendations that guideline panels feel are important but are not appropriate for formal ratings of quality of evidence because it is sufficiently obvious that desirable effects outweigh undesirable effects. These normative statements are typically supported by a great deal of high-certainty, indirect evidence, which the authors feel would be a waste of time to examine. There are a number of conceptual and methodological issues with GRADE GPS, however, and these are manifested in guidelines, including both inappropriate overuse and underuse, and unclear interpretation and impact among end-users. This situation has arisen in part from lack of clarity in, and misunderstandings of, GRADE guidance, the lumping of many different types of normative statements under one label (“GPS”), from limitations in GRADE's approach to linked bodies of evidence, and because the appropriate basis for many normative statements about interventions is not reviews of research evidence. A new typology is needed for normative statements on interventions and policies that are not optimally based on reviews of research evidence. Proposed TypologyThis proposed typology differentiates normative statements about interventions by the type or nature of the most appropriate basis for the statement. The typology encompasses the range of statements encompassed by GPS, but provides a more nuanced categorization designed to assist both guideline developers and end-users. This typology encompasses two main types of normative statements about interventions (including policies): (1) statements that indicate when to use (or not) an intervention, which intervention to use, and if, when and how to use it and (2) the principles, practices, or norms that inform or underpin such interventions. These correspond to normative statements based on empirical evidence, and those based on human rights, ethics, or norms, respectively. Normative statements based on empirical evidence include: (1) recommendations based on systematic reviews of human or animal evidence on effectiveness and harms, including linked bodies of evidence; (2) normative statements based on scientific fundamentals (eg, physical/biological/chemical properties, theories, laws, or principles); and (3) implementation guidance based most commonly on experiential evidence such as case studies. Normative statements based on human rights, ethics, or norms include: (1) guiding principles, based on human rights standards and conventions and/or ethics principles; and (2) practice norms and standards, based on clinical and public health norms and/or professional standards. ConclusionThere are conceptual and methodological problems with GRADE GPS, leading to their misapplication, with overuse and underuse. This paper presents a proposal for a new typology for normative statements on interventions, according to the basis for the statement. This typology encompasses and replaces GPS, providing a more nuanced set of statements. Testing of this proposed approach is needed among both guideline developers and end-users.

Legal bases of the information policy regarding the protection of the rights of air passengers

The article is devoted to the justification of the need to unify the national legislation of Ukraine with the acts of the European Union in the field of human rights, in particular, the rights of air passengers. The article summarizes the analysis of the effectiveness of existing legal acts and mechanisms aimed at ensuring a high level of protection of the rights and safety of air passengers in specific situations. It is claimed that Ukraine undertakes to bring national legislation in the field of air passenger rights protection into full compliance with EU acts, despite the biggest challenge on the way to building democracy in Ukraine - the full-scale invasion of the Russian Federation and the closure of Ukrainian airspace for today. The development of legal mechanisms to protect the rights of air passengers is determined not only by the desire to ensure their safety during travel, but also contributes to the development of the aviation industry in general. The need to pay attention to the protection of the rights of air passengers in the process of implementation of EU acts is emphasized, since human rights standards require proper study and implementation for the effective use of common air space, restoration of air navigation infrastructure. The main attention is focused on the peculiarities of the harmonization of national and European standards, which requires significant efforts and a large number of measures on the part of the state, in particular, the proper implementation of EU acts regarding the rights of air passengers and the protection of consumer rights. Next steps regarding further obligations of Ukraine were also analyzed. Increasing attention to the protection of the rights of air passengers is of practical importance for increasing the effectiveness of cooperation between Ukraine and the EU in the field of human rights and creating a modern legal framework for aviation regulations regarding the rights of air passengers in the country. Tasks that need to be completed for the successful integration of Ukraine into the common aviation space of the EU are highlighted. The experience of law enforcement for the protection of the rights of EU air passengers will contribute to the restoration of our state’s capabilities for the safety of civil aviation flights. Conducting research in this direction is a relevant and necessary scientific search.

Reconciling conflicts between cultural beliefs, and human rights standards in coastal communities of Ghana: preserving cultural rights and promoting sustainable fishing practices

Reconciling conflicts between cultural beliefs, and human rights standards in coastal communities of Ghana: preserving cultural rights and promoting sustainable fishing practices

Menneskeretligt lys på resocialisering i dansk straffuldbyrdelsesret

AbstractThis article seeks to clarify the concept of rehabilitation in the context of human rights and demonstrate its incorporation into applicable prison law in Denmark. The discussion begins with a summary of select US judgments and analyses of case law. It then delves into the most prominent stipulations and recommendations of international law. Finally, it proceeds to an analysis of the status of rehabilitation within Danish law. The article concludes that while Danish law concerning rehabilitation is generally in harmony with human rights requirements and recommendations, there are certain instances where legislation and practice fall short of human rights standards

Digitalization in logistics for textiles – possible fields of application for the Blockchain technology

The globalized supply chains of textiles and clothes involve multiple parties from different countries. Flows of goods, information and finances are coordinated through logistic processes, but offer potential for optimization in terms of digitalization and transparency. Incidents of the past prove that fundamental human rights standards and occupational safety are not met in global production countries yet. Legal regulations like the Act on Corporate Due Diligence Obligations for the Prevention of Human Rights Violations in Supply Chains (LkSG) shall help to improve the situation since 2023. Especially small and medium sized enterprises (SME) in Germany, to which the law applies indirectly through private-sector contracts from their non-SME consignees, struggle to control their global supply chain, to provide all necessary data and to ensure a traceable, fraud-resistant and manageable flow of information. Hence, the Center Textile Logistics investigated the potential of the Blockchain technology and its application possibilities for textile supply chains. The Blockchain technology offer chances in terms of securing clothing trademarks, proofing that standards of seals and certificates are met, proofing that political and legal regulations are met and in terms of controlling global processes that involve international suppliers and partners. However, the current state of the art of digitalization is often too low to directly apply the Blockchain technology and has to be improved first. The cost-benefit ratio has to be evaluated individually but the Blockchain technology offers great potential to rise transparency, ease communication and critical data exchange along textile supply chains.

소년예고범죄 예방을 위한 형사정책적 개선방안에 관한 연구

According to a media article, the Ministry of Justice announced a “comprehensive countermeasure against juvenile crimes” in October last year and announced legislation to revise the Juvenile Act to lower the age limit for young people from the current age of 14 to the age of 13. Since then, the National Assembly has also issued a series of bills, including criminal penalties for violent crimes. However, amendments to the Juvenile Act have been pending in the National Assembly for nearly a year. This is in conflict with the opposition that it violates the human rights of juvenile offenders and that it is difficult to expect the effect of preventing crime. In October last year, the National Human Rights Commission of Korea expressed opposition, saying that the lowering of the age of young people is contrary to the perspective of returning and recovering boys required by the UN (United Nations) international human rights standards and is not desirable as an alternative to crime prevention and recidivism. In response, the Ministry of Justice said, “Even if the age standard for juvenile is lowered, minor juvenile crimes will be sent to the juvenile department as they are now,” and explained, “Even if it is actually legislated, only violent crimes such as rape and robbery will be punished,” but it has not even been discussed. Some say that the degree of development of teenagers has increased compared to the past due to access to media, and that discussions on countermeasures should be made quickly. As we saw earlier, many of the posts were confirmed to be the work of teenagers, and the desire to be recognized as heroes within a group that mainly feels friendly as an online meme seeking stimulation and fun and a trend was revealed. This is very similar to terrorism in that socially isolated criminals carry out indiscriminate attacks against an unspecified number of people as an expression of anger toward others. Recently, the Ministry of Justice, the Ministry of Health and Welfare, and the National Police Agency held a meeting of related organizations to strengthen the response to the crime of abnormal motives (aka 'don't ask'). The meeting was prepared to discover additional measures and seek ways to strengthen cooperation with related ministries, recognizing that the public's anxiety is high due to a series of abnormal motive crimes such as the recent deadly weapon rampage, and to share measures to respond to abnormal motive crimes by each ministry, gather opinions on ways to cooperate and support the Ministry of Public Administration and Security, and discuss issues such as expanding crime prevention infrastructure such as security cameras (CCTV), expanding joint response models for mentally ill people, and supporting autonomous crime prevention activities. Boys' pre-announcement crimes are not yesterday or today because they have caused difficulties in their work in the past due to indiscriminate prank calls by investigative agencies. However, it seems that crime of don't ask and crime of abnormal motivation, which is not just a prank phone call, should no longer be ignored in our society.

ORGANIZATION OF LEGAL EDUCATION IN THE POST-SOVIET PERIOD (90S – 2000S)

The article examines the organization of legal education in the post-Soviet period, from the 90s to the 00s. The fall of the socialist system and the emergence of new states led to changes in the educational sphere, including in the field of legal education. The article analyzes the key changes and challenges faced by educational institutions during this period. As a result of the study, the main trends in the organization of legal education were identified, such as the revision of curricula and programs, the integration of international human rights standards into national educational programs, as well as the active introduction of interactive teaching methods. The importance of strengthening interaction between educational institutions, government bodies and society to create the best conditions for legal education is analyzed. In addition, the article discusses changes in the content of education: from the formation of new curricula to the introduction of advanced teaching methods and new approaches to assessing educational outcomes. An important part of the article is also a discussion of the significance of the development of civil society and the formation of respect for human rights and freedoms through the education system in the post-Soviet context. Overall, the article provides an overview of the key changes and challenges that legal education has faced in the post-Soviet period and discusses the importance of these processes for the development of society as a whole.