System Of Human Rights Protection Research Articles

The place of judgments of the European Court of Human Rights in the system of human rights protection

The place of judgments of the European Court of Human Rights in the system of human rights protection

LEGAL BASIS AND ACTIVITY OF OMBUDSMAN OF THE REPUBLIC OF UZBEKISTAN IN MODERN CONDITIONS

The article deals with questions of formation, evolution, legal status and activity of the Authorized Institute of the Republic of Uzbekistan for Human Rights. The evolution of the Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights was studied considering the development of the system of human rights protection as well as concrete social-economic conditions and results of legal development in the country. A comprehensive legal analysis of tasks, functions and authorities of the Ombudsman was conducted with comparison of foreign experience. A special importance was paid to the analysis of provisions of specialized status of the institute of Ombudsman – the Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights [Ombudsman]. The course of changes of mechanisms of legal regulation status and activity of the Ombudsman was undergone studies taking into account of the compiled experience and revealed shortcomings in legislation. On the basis of considering the election procedure of the Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights, its immunity and authorities, the author reasons the provision on broad enough competence and independence of the Ombudsman. Considering in detail different aspects of the activity of the Ombudsman, the author notes its deep connection with juridical practice of other law enforcement institutions. The structure, activity and assistant services – secretariat, consultative board, commission on observance to constitutional human rights and freedoms, expert council, regional representative were analyzed enough in detail. The article contains critical analysis of some norms of current legislation, reveals problems of legal protection practice on the basis of which the recommendations were made on improvement of laws and raising the effectiveness of Ombudsman’s activity. Keywords: human rights, protection of rights, ombudsman, constitutional law, procedural violations, court.

System and types of minority rights

This article deals with the issue of the protection of national minority rights and the system of human rights protection in general. The author reviews the latest research and publications of scholars from Ukraine and abroad. The author describes the regulatory provisions of the current legislation in this area. It is noted that national minorities are an important component of society and have the right to protect their rights and interests. The author also examines the definition of a national minority and its types, as well as the system of protection of national minority rights in the UN and the European Convention for the Protection of Human Rights and Fundamental Freedoms. The author also emphasizes that the topic of minorities, in particular, LGBT people, is very relevant today and is actively discussed in journalism, special scientific literature, political practice and law- making. The article reveals the scientific approaches to systematization of the main issue of this scientific issue. The author identifies the advantages and disadvantages of scholars’ approaches to the article’s subject matter. Most types of minority rights are analyzed. This topic concerns not only human rights issues but also general stability and peace in society.
 In general, the article concludes that the protection of national minority rights is an important component of human rights protection in general. Society must take measures to ensure equality and protect the rights of minorities, as this has an impact on the preservation of peace and harmony in society as a whole. Various international and national instruments and bodies exist to ensure the protection of national minority rights, such as the Convention for the Protection of Human Rights and Fundamental Freedoms, the Office of the United Nations High Commissioner for Human Rights, the European Court of Human Rights and others. However, further work is needed to improve the system of protection of national minority rights, as problems of discrimination and rights violations still exist.
 Understanding and respect for the rights of national minorities is a prerequisite for any progressive society, as it contributes to the preservation of peace and harmony in society as a whole.

Human rights violations during Russia’s full-scale war against Ukraine. Selected aspects

This article reviews human rights violations committed by Russians in Ukraine from February 24, 2022 to June 1, 2022. It argues that the system of human rights protection did not have a significant impact on Russia and turned out to be ineffective during the war. The article considers the rules of international human rights law and international humanitarian law that can be applied during the wartime.

A critical view of the inter-american system of human rights protection with the european system as a paradigm

A critical view of the inter-american system of human rights protection with the european system as a paradigm

The concept of discrimination on the basis of gender in the international and national system of human rights protection

The paper examines the international and national system of normative legal acts, the concept of discrimination based on gender, and how exactly the rights of women and men are interpreted from the standpoint of equality. It is highlighted how the specifics of women and men are considered in the texts of these documents. It has been established that. the problem of creating effective international and national legislation aims to provide everyone, regardless of gender, with opportunities to participate in political, labor, social, cultural life, and access to material goods. It was with the desire of Ukraine to join the European Union and the implementation of European legislation into the national one that the range of rights and opportunities for women in Ukraine expanded significantly. The greatest attention is paid to guaranteeing the legal protection of women's rights, regarding quotas and promotion, labor and social rights, ensuring the right to education and comprehensive development, etc. It is necessary to note that the main problem highlighted in these acts is due to the biological status and superiority of men. It was concluded that it is necessary to consider legislative acts at the level of European legislation, which are based on the natural characteristics of a person, and to provide an analysis of national legislation regarding discrimination based on gender. Therefore, providing equal opportunities to every member of society (regardless of gender), guaranteeing the free development of the individual, respecting the honor and dignity of women on an equal basis with men are the requirements of the time, especially for the democratic, legal, social state that Ukraine aspires to become. The term "discrimination" comes from the Latin word discriminatio (distinction) and means limiting or depriving certain categories of citizens of their rights and opportunities on various grounds: race or nationality, gender, social origin, political views, etc. There is an urgent need to fill this gap and comprehensively consider issues related to the status of women in society from a fundamentally new point of view, namely from the point of view of the functioning of a single and integral mechanism for ensuring women's rights.

EU STANDARDS FOR PROTECTING THE RIGHT TO PRIVACY IN THE AREA OF CYBERSECURITY

The subject of the analysis undertaken in the article is the legislative acquis of the European Union setting standards for the protection of the right to privacy in the area of cybersecurity. The author points out that the source of the legislative activity of the European Union in this area is the conviction about the need to create legal solutions that would meet the challenges related to the development of modern technology in the area of IT services provided on a global scale via the Internet. The most general legal framework is the guarantee of the right to privacy, which has been developed by the international community along with the development of a universal and regional (European) system of human rights protection. Therefore, the EU standards for the protection of the right to privacy in cyberspace are determined by the provisions of the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Against the background of these conventions, acts of secondary law of the European Union, which set out detailed instruments for the protection of individual rights, should be considered. These include, in particular, the General Data Protection Regulation (GDPR) and other acts specifying the security of data flow. The acquis of the European Union is a point of reference for national human rights protection systems. In Poland, it is designated by the provisions of the Constitution of 1997.

Absolutization of human rights as a threat to the statehood and the welfare of society. Part ІІІ. Human rights in the international and national acts, and the main rationalistic aspects of their realization

The article is devoted to the investigation of the essence and peculiarities of the exposition of the human rights in the international and national acts, and also to the main rationalistic aspects of their realization.The authors say that the modern international system of human rights protection is inefficient. It was emphasized that the responsibility of the state for the violation of human rights before the international organs undermines the authority of the state as the most important guarantor of human rights.The authors pay attention to that fact that the very concept «the violation of human rights» is explicitly politicized and does not take into account the criminality (which constitutes the main domestic threat to a person), and, thus, does not reflects the real situation of the protection of human interests in the state. The real aims of the creation of the concept of human rights were found. It was emphasized that «the protection of human rights and democracy» sometimes acts as a pretext and «justification» of violent overthrow of power, foreign aggression and mass termination of people.The authors say that, in fact, the human rights (and especially the «positive» one) cannot exist without the state. It was found that the absolutization of the natural human rights and underestimation of the role of the state, in fact, returns people to the state of natural savagery and medieval barbarism. The authors emphasize on the collision between the constitutional rules about the recognition of a human as «the main social value» and about the duty of the citizens to defend the Motherland. Also, the authors say that the right of a people to self-determination, as well as the recognition of the nations, who fight for the independence, as the subjects of the international law, in fact, means that the international law justifies the war and the mass termination of people.It was emphasized that, in reality, there are no absolute human rights, so it is senseless to absolutize them. The authors say that the absolutization of the human rights is harmful, especially in the case of the absolutization of the political human rights in general, and such rights as the «natural right of the rebellion» and the «popular sovereignty» in particular. Also, the authors say that the ideas of the popular sovereignty contradict the reality and the historical regularities of the appearance and functioning of the state and law. It was emphasized that human rights are not and should not be an end in themselves, for the sake of which the state power should be weakened, because, in fact, exactly the strong and effective state is the main guarantor of peace, order, security, well-being, civilization and the real provision of the most important human rights (taking into account an adequate understanding their essence, scope and content). The main aspects of the proper provision of the realization by the state of the civil, political, economic, social and cultural rights of a human and of a citizen were determined, etc.

INTERNATIONAL LEGAL STANDARDS FOR THE PROTECTION OF THE RIGHTS OF PERSONS WITH DISABILITIES: SOME ASPECTS OF IMPLEMENTATION IN KAZAKHSTAN AND FOREIGN COUNTRIES

Protection, respect and promotion of human rights is one of the universally recognized principles of modern international law. Within the framework of the current universal system of human rights protection, special attention is paid to the most vulnerable categories of persons, which include persons with disabilities. In this paper, the author analyzes the current international legal standards of the United Nations in the field of ensuring the rights of persons with disabilities, including the provisions of the International Bill of Human Rights, the UN Convention on the Elimination of Discrimination against Women, the UN Convention on the Rights of the Child. The classification of the rights of persons with disabilities within the meaning of the UN Convention on the Rights of Persons with Disabilities (civil and political rights, social rights, specialized rights) is given. The author also analyzed the legal framework for ensuring the rights of persons with disabilities in Kazakhstan. In particular, this paper examines the practice of establishing disability in Kazakhstan and foreign countries. In addition, existing models for assessing disability according to the European approach were identified based on an analysis of the legislative acts of Estonia, Spain, and Hungary. The author argues for the need to change approach in Kazakhstan from the assessment of functional capabilities when establishing disability to a holistic approach to assessing disability (holistic approach), which combines the assessment of impairments, functional capabilities and environmental factors. In conclusion, the author proposes a number of relevant recommendations for improving the Kazakhstani practice of establishing disability, taking into account the best foreign experience, through amendments to legislative acts.

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.

Protection of specific groups of persons at the un level and within the regional human rights protection systems

The issue of human rights protection has become one of the leading topics of scientific discussions. In jurisprudence, guarantees of inalienable rights and tools for their protection have been widely covered. At the same time, there is a need for a more in-depth analysis of certain problematic issues, one of which may be the problem of international legal protection of certain groups of persons. This study is based on the main acts of international law in the field of human rights. At the same time, attention should be paid to the lack of scientific analysis of systems of international legal protection of the rights of special groups of persons at the regional and global level.The purpose of this publication was to carry out a comprehensive analysis of the system of international legal protection of human rights of certain groups of people at the global (UN system) and regional level.Today’s crisis phenomena focus the attention of scientists on the need for further improvement of both the regional and global system of human rights protection. The role of international organizations and civil society in solving global problems of maintaining international peace and security, environmental protection, human rights and democracy in the implementation of the sustainable development program has significantly increased. In the light of the new requirements, the legal base and codification of the norms of international law have significantly expanded. All these factors determined a more detailed coverage of the content of the branches of international law, the interaction of their norms with the norms of domestic law, implementation in the practice of states and international organizations.International legal documents in the field of protection of certain groups at the UN and regional level will be constantly reviewed and improved. The advantage of regional norms and systems for the protection of human rights is that they are created taking into account geographical, historical, political, cultural and social characteristics.

Gloss to the Decision of the European Court of Human Rights of May 15, 2018, Case Number 2451/16 , Association of Academics v. Iceland, Hudoc.int

In the judgment of the ECtHR in the case of Association of Academics v. Iceland, the Court commented on two important issues concerning the broadly understood procedure for resolving collective disputes. Firstly, the Court pointed out that “found that the taking of industrial action should be accorded the status of an essential element of the Article 11 guarantee but it is clear that strike action is protected by Article 11 as it is considered to be a part of trade union activity”. Secondly, it considered that the institution of mandatory arbitration could be a substitute for the right to strike, which was prohibited due to the need to protect the health of Icelandic citizens. In the context of the issues outlined in this way, the aim of the gloss is to verify the two theses mentioned above. First, the thesis was analyzed according to which the right to strike is not an essential element of freedom of association. For this reason, the jurisprudence of the Tribunal has been discussed against the background of ILO standards, taking into account the doctrine’s views on the status of the right to strike in the system of human rights protection and its relationship with other irenic methods of dispute resolution. Secondly, the thesis of the ECtHR was verified, according to which the mandatory arbitration established by the Icelandic legislator in the circumstances presented in the facts of the case does not constitute a violation of the right to strike. As part of the second thesis, the concept of mandatory arbitration and its status in the jurisprudence of the Court, as well as ILO bodies and labor law doctrine were analyzed. Finally, the relationship between the right to strike and social arbitration was examined.

From migration crisis to migrants’ rights crisis: The centrality of sovereignty in the EU approach to the protection of migrants’ rights

AbstractThe long-simmering process of sidelining and side-stepping migrants’ rights protection while attempting to regulate cross-border movement of people was heated up by the 2015 migration crisis and has recently been brought to the boil with the crisis-fuelled adoption of the UN Global Compact for Safe, Orderly and Regular Migration (GCM) in 2018. The GCM represents an endorsement at the international level of soft-law, goal-setting frameworks for international co-operation on migration as it pertains to migrants’ rights, and a corresponding disavowal of any role for binding legal obligations in this field. Focusing on the EU, I argue in this article that states’ sovereign powers in the realm of control of non-EU migration have been largely undiluted by the development of the international system of human rights protection. I show how the 2015 migration crisis galvanized multilateral international co-operation on the part of the EU and its member states in the field of non-EU migration in a way that entrenched EU states’ sovereign self-interest by institutionalizing a soft-law approach, thereby producing a crisis from the perspective of migrants’ rights protection. I also argue, however, that the migration crisis facilitated a resurgence of state sovereignty in the EU to the detriment not only of migrants’ rights, but also of internal EU co-operation and co-ordination. Finally, I suggest that in times of crisis supranational courts are particularly susceptible to being recruited to EU states’ rights-restrictive approach to international migration.

The Prisoner’s Right to Freedom of Conscience and Religion in the European System of Human Rights Protection

The article aims to present the prisoner’s right to the freedom of conscience and religion in the European system of human rights. A detainee is a subject of special human rights because he or she is deprived of the right to liberty. Public authorities are obliged to strictly observe the law related to the sphere of convicts and their views. The right of people deprived of liberty is to exercise their free thought, conscience and religion. No one should be subjected to coercion which would limit their freedom of religion, except as stipulated by the legislator. Public authorities are obliged to provide prisoners with the opportunity to participate in religious events, to contact a priest, to manifest religious beliefs and to be administered medical care. Discipline and security issues may justify the imposition of restrictions of liberty on the grounds of security and public order. Taking advantage of religious freedom must not violate the principles of tolerance or disrupt the established order in prison.

International universal system of human rights protection: challenges and prospects

International universal system of human rights protection: challenges and prospects

The issue of the application to the European Court of Human Rights in the context of the Russian invasion of Ukraine

The aim of this study was to analyze the practical aspects involved in filing applications to the European Court of Human Rights in the context of armed aggression against Ukraine. The achievement of the objective also involves the resolution of the following tasks: the analysis of the works of scientists who studied various aspects of human rights protection; international legal acts, as well as the legislation of Ukraine; the determination of the problems that exist at the present stage in the mechanism of human rights protection at the international level, and; the determination of the level of its effectiveness and the possibility of its application in Ukraine in the conditions of a military conflict. Specifically, the subject of the study is the prospect of implementation of the mechanism of appeal of citizens to the European Court for the Protection of Human Rights. The methodological basis of the research consisted in the dialectical combination of general scientific and special legal methods. It is concluded that, in view of the new socio-economic and political realities emerging in the modern world, it is necessary to update the whole system of human rights protection at the international level.

Is Symbolic Religious Establishment Permitted Within the European Convention? A Legal, Political, and Pragmatic Perspective

Abstract This article discusses the role of the European Court of Human Rights in regulating the symbolic establishment of religion by the Convention States in their public sphere. The analysis starts from the rather controversial Lautsi decisions and distinguishes three perspectives on such cases. The legal perspective focuses on the way the Court would usually answer a legal question underlying a controversial subject as an interpretation of the Convention and Protocols understood as the living instrument it is today. The political perspective focuses on the preferred solution of the democratic majority in the relevant the Convention State, which is sometimes diametrically opposed to the Court’s assessment. The pragmatic perspective explains how the Court deals with such clashes. In controversial cases, the Court sometimes is critical of the state for violating Convention rights, but remains, as a supranational court, critically dependent on the sufficient support of these states. This implies that the Court is sometimes forced to act pragmatically. To maintain the overall stability of the Convention system of human rights protection, the Court is sometimes required to make legally suboptimal decisions in specific controversial cases.

Human Rights Mechanisms in Latin America from the Perspective of Intersection of Regional and Universal Human Rights Concepts

The article analyzes the intersection of universal and regional human rights concepts in Latin America. The regional approach to human rights protection has been proposed by anthropologists who argue that cultural relativism is the basis for the development of the concept of human rights protection. The evolution of human rights is examined by scholars through the prism of both cultural relativism and universalism. While proponents of the first approach assert the importance of cultural and civilizational particularities, proponents of universalism promote the idea of universal morality. The novelty of this study lies in the examination of a different academic approach to human rights protection that encompasses features of both of the aforementioned concepts in order to provide a more objective picture of the current state of the system of human rights protection. The interaction of these concepts is demonstrated through the example of the system for the protection of women's rights in Latin America, as well as of the rights of other vulnerable groups such as indigenous peoples. This leads to the conclusion that both the universalist and the regionalist approaches to human rights protection are mutually supportive. Furthermore, universal and local moral systems borrow elements from each other despite the contradictions between them. In general, the interaction between universalization and regionalization of human rights is clearly visible in Latin America. The elaboration of a new approach that incorporates the features of the two old ones is necessary in order to better understand this process, since human rights protection is acquiring new features that fit into the so-called paradigm of relative universalism. An explanatory model to account for this phenomenon is needed for better understanding of the common patterns of the process.

Problematik aspects of protection of constitutional human rights in Ukraine and ways to overcome them

The article reveals the problematic aspects of the state of protection of human and civil rights in Ukraine, as such rights are the basis for the existence of the state as a subject of international law. Today, respect for human and civil rights and freedoms -the main criterion of civilized society, its ability to solve the most complex economic, political and social problems. It is no coincidence that the international community seeks to treat human rights globally, on an equitable and equal basis. This takes into account the national and regional specifics of states, their various historical, cultural and religious features.
 The article aims at a comprehensive solution to the organization of the legal system of human rights protection, which must comply with international and national law. This provides a legal description and identifies elements of a set of guarantees for constitutional protection of rights, taking into account national experience, case law, experience of other states, as well as international standards in the field of human and civil rights, generalization and development of ideas on this issue social space.
 Modern Ukrainian society is going through a stage of deep awareness of human rights and freedoms, which can be seen as the beginning of the spiritual revival of Ukraine. The very ideology of rights is becoming more widely recognized and in demand in state and public life. From the point of view of this ideology, there is a reassessment of views on the Soviet and post-Soviet past and a projection on the near and distant future of Ukraine.
 Implementation in practice of protection and defense of human and civil rights and freedoms is a long and gradual process of transformation of the whole society. However, this process has certain time limits set by the Association Agreement between Ukraine and the European Union. The implementation of this Agreement requires not only appropriate measures to improve the quality of legislation in this area, improve the executive and judiciary, local governments, and increase the activity of citizens in the context of exercising the right to protect their rights and freedoms in all ways not prohibited by law.
 The goal set in the article was achieved by solving the problems of studying the constitutional features of the organization of such protection and its implementation in practice.

Donne e Regimi. Differenti storie e tanti tratti comuni

The paper focuses on women’s condition in totalitarian regimes, in the light of the principles of the Italian Constitution. To this end, the paper will examine three main aspects. Firstly, the analysis will focus on the condition of women during the Nazi and Fascist totalitarian regimes. The proposed historical and legal reconstruction aims at identifying some key traits featuring the condition of women in the context of totalitarian regimes: the exclusion of women from the labour market and, more broadly, from the public sphere; the propaganda of an ideal-type of woman; the segregation of minority women (e.g. prostitutes, homosexuals, women with disabilities); the creation of masses of refugees fleeing regimes. Secondly, the paper will hinge on the Italian Constitution, that promoted a vision in clear rupture with the previous fascist regime with regard to women’s condition and to the strong protection granted to people fleeing regimes set forth under Article 10, paragraph 3 of the Italian Constitution. At the outset, the paper aims at reflecting on the current system of human rights protection in light of the 2021 takeover of the Taliban regime in Afghanistan, by way of underlying the specifics of the actual status of Afghan women