Comparative View on Regional Human Rights Protection Mechanisms

2012 ◽  
Author(s):  
Aurora Ciuca
Keyword(s):  
Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Mechanisms

scholarly journals Importance (a Mechanism) of Constitutionally Stipulated Basic Human Rights and Personal Data Protection in Enforcement Proceeding Process

Law and World ◽  
2021 ◽  
Vol 7 (4) ◽  
pp. 152-165
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Special Importance ◽  
Direct Proportion ◽  
Human Rights Protection ◽  
Personal Data Protection ◽  
Rights Protection ◽  
Protection Mechanisms ◽  
Executive System ◽  
Proportionality Principle

In a modern juridical state, the presence of a flexible and effective executive system has special importance, as not only the juridical act’s smooth functioning but also the country’s economic development and population’s social state is in direct proportion to the effectiveness of the mentioned system. Executive law term is often defined in doctrine as a law of constraint, power, as “enforcement” itself means using force and involvement in a person's rights (by executive party and/or 3rd party) such as ownership, freedom, inviolability of personal life, etc. Therefore, particular significance is given to protection of party interests and their basic rights during executive proceedings to avoid unallowable and disproportional involvement in human rights. Precisely the mentioned matters condition the topicality of the article. Besides this, in a world full of challenges and threats, it is most important to defend personal data in any process to avoid its usage for unnecessary aims. In the enforcement process, out of proceeding means personal data is certainly processed. As in any law field, in the executive law proportionality principle has the vastest load, so protection of this principle in the mentioned process is significant. In the article, faults connected to human rights protection mechanisms in doctrine and enforcement process, and authorial ways of resolving them are presented.

Part VII Assessments, Ch.37 Compliance

2013 ◽  
Author(s):  
Gori Gisella
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Conceptual Tool ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Mechanisms ◽  
International Human

This article examines the compliance of States with international human rights law. It explains the distinction between judicial and non-judicial compliance mechanisms, focusing on the United Nations (UN) in the context of non-judicial mechanisms and the Council of Europe and the Organization of American States (OAS) in the context of judicial mechanisms. It highlights the central role of the principle of subsidiarity in all international mechanisms for human rights protection and explains that this principle provides a conceptual tool for understanding the relation between the role of states in human rights protection and the role of the international human rights protection mechanisms that states create at the global and regional levels.

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

2020 ◽  
Vol 11 (11) ◽  
pp. 265-269
Author(s):  
Shapran Y. V.
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Life ◽  
National Level ◽  
Legal Regulation ◽  
Human Rights Protection ◽  
Information Measures ◽  
Rights Protection ◽  
Protection Mechanisms ◽  
Law Making

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

scholarly journals Protection of the Rights of the Victims of Human Trafficking: Has Malaysia done Enough?

2019 ◽  
Vol 3 (2) ◽  
pp. 300 ◽  
Author(s):  
Renuka Jeyabalan ◽  
Rohaida Nordin
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Trafficking ◽  
Legal Framework ◽  
Trafficking Victim ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Mechanisms ◽  
Women And Children ◽  
Policy Measures

Human trafficking is a grave threat to human rights. Statistic shows that yearly almost thousands of men, women and children grieve in the hand of traffickers as human trafficking victim, in their own countries or abroad. Thus, there is a need for Malaysia to take the necessary step to combat human trafficking and at the same time to provide effective protection for victims of trafficking as enacted under the Malaysian Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM 2007). The first part of this research examines the international law standards on human rights protection of the victim of human trafficking while the second part analyses any legal and policy measures adopted within the Malaysian context. In this analysis, attention will be made on numerous protection mechanisms such as provision for a shelter, or a place of refuge, appointment of Protection Officers, medical treatment, right to work and safe repatriation. This research further examines and assesses the adequacy and effectiveness of the current measures and laws especially in terms of their enforcement by the relevant enforcement bodies. Analysis on the existing legal framework within other ASEAN States, including Indonesia, is also done so as to provide relevant best practices for consideration and adoption by the Malaysian government. In conclusion, this research provides a number of solutions to address the problems and challenges within the existing legal framework in Malaysia with the ultimate aim at providing better protection for the victims of human trafficking.

scholarly journals The Crucial Role of Human Rights NGOs in the Inter-American System

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 355-359
Author(s):  
Ximena Soley
Keyword(s):  
Human Rights ◽  
Civil Society Organizations ◽  
General Level ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Movement ◽  
Protection Mechanisms ◽  
The Face ◽  
History Of ◽  
Legal Strategies

Since the explosion of the human rights movement in the early 1970s, civil-society organizations have played a key role in the inter-American human rights system (IAS). In the era of dictatorships, they provided the information necessary for the Inter-American Commission to be able to act in the face of uncooperative states. When democracy returned to the region, these organizations grew in number, and their role within the IAS likewise expanded. In particular, a set of organizations that focused on legal strategies and the activation of regional human rights protection mechanisms cropped up. These organizations have, at a more abstract and general level, contributed to the juridification of human rights struggles and ultimately to the creation of a legal field. They have also largely set the agenda of the IAS, although the agenda-setting power has been limited to a small number of organizations that constitute the system's “repeat players.” In a manner befitting their systemic importance, these organizations have tried to make sure the organs of the IAS run smoothly, and to defend them when they come under attack. This essay explores the different roles that human rights NGOs have played in the history of the IAS and suggests that the strategy of increasing juridification that they have pursued since the region's return to democracy might have reached its limits.

scholarly journals Do football hooligans have human rights?

2021 ◽  
Vol 16 (1) ◽  
pp. 60-71
Author(s):  
Deyana Marcheva
Keyword(s):  
Human Rights ◽  
Case Law ◽  
World War ◽  
Human Rights Protection ◽  
World War 2 ◽  
Rights Protection ◽  
European Court ◽  
The Status ◽  
International Projects ◽  
Protection Mechanisms

Human rights are the “last utopia” of our time that achieved contemporary prominence on the ruins of the last political utopias of twentieth century. All the international projects after World War 2 aspire to achieve a just balance between the basic individual rights and public interest. The human rights protection mechanisms introduce exceptions and qualifications to most of the human rights to allow for their restrictions proportional to the legitimate aims of the states. This article explores the human rights of the football hooligans starting with an analysis clarifying the historical, cultural and sociological aspects of the term “football hooligan”. Afterwards a detailed review of the case law of the European court of human rights is offered to reveal the status of the so called football hooligans as people whose basic rights could be restricted by the states upon wide discretion of the national authorities.

scholarly journals Protection of human rights violated by cybercrimes in global information

2020 ◽  
Vol 2 (2) ◽  
pp. 35-41
Author(s):  
Gulnaz Rzayeva
Keyword(s):  
Human Rights ◽  
Information Society ◽  
Modern Society ◽  
Global Information ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Illegal Behavior ◽  
Global Information Society ◽  
Protection Mechanisms ◽  
Protection Of Human Rights

Changing and developing world outlook in modern society also has an impact on illegal behavior. As traditional methods do not meet the requirements of the time, ICTs are increasingly being used as a new method and tool for violating human rights and committing different offences. This also requires strengthening the fight against cybercrimes. In the article were put forward suggestions and recommenda-tions for the development of human rights protection mechanisms that have been violated by cybercrimes in the global information society.

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