Current State and Outlook of Criminal Policy in the Sphere of Protection of Human Rights and Freedoms in Russia: Development and Interrelation of Constitutional Principles

2021 ◽  
Author(s):  
Viktor Shestak ◽  
Veronika Timofeeva
Keyword(s):  
Human Rights ◽  
Criminal Policy ◽  
Current State ◽  
Protection Of Human Rights

scholarly journals Improving Human Rights Protection on the national and the European Level

2015 ◽  
pp. 36-51
Author(s):  
RUDOLF DUR SCHNUTZ
Keyword(s):  
Human Rights ◽  
National Level ◽  
European Level ◽  
Human Rights Protection ◽  
Current State ◽  
European Court ◽  
Protection Of Human Rights ◽  
Venice Commission ◽  
Effective Remedy ◽  
The Individual

The recent move towards the individual access to constitutional justice is a progress for protection of human rights in Europe. The explicit purpose of these efforts is to settle human rights issues on the national level and to reduce the number of cases at the Strasbourg Court. Such individual complaints have to be designed in a way that makes them an effective remedy which has to be exhausted before a case can be brought before the European Court of Human Rights. This paper points out the current state of these improvements on the national level in a difficult context on the European level and the recommendations of the Venice Commission in this regard.

scholarly journals Legal doctrine, legal science and protection of human rights (efficiency ratio)

2020 ◽  
Vol 11 (11) ◽  
pp. 11-15
Author(s):  
Onischenko N.
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Current State ◽  
Legal Science ◽  
Democratic State ◽  
Protection Of Human Rights ◽  
Spatio Temporal

The current state of Ukrainian society requires the scientific community to find answers to the general social impulses needed for reform strategies: from unconstructive attempts to replace the state with civil society to efforts aimed at their balanced interaction. It is the principle of social and political balance in the relationship between the rule of law and civil society should be the basis for correcting and correcting the unstable economic situation, overcoming acute social conflicts, establishing the rule of law, building a democratic state. It should be noted that it is quite clear that sometimes the implementation of a right requires at least not one, but clearly several opportunities, such as: economic, educational, social, gender, etc., existing in the relevant spatio-temporal continuum. Moreover, there is an indisputable thesis that there are no secondary or non-first-class or type of human rights, so every unrealized, not realized in time or not fully realized right, without a doubt, is based on the lack of, first of all, the corresponding real opportunities. It is also clear that the implementation of a certain right depends, for example, on the relevant regulations. we note that state-building processes, their dynamics, progressive trends depend on many factors. In this context, the interconnectedness of the development of a democratic, legal, social, European state and the formation of a mature, active, civil society was considered. Keywords: legal science, legal doctrine, human rights, rights and opportunities, legal development.

scholarly journals Searching for Armed Non-state Actors’ Role in the Process of Formation of Customary Law

2019 ◽  
Vol 19 (2) ◽  
pp. 97-115 ◽  
Author(s):  
Agata Kleczkowska
Keyword(s):  
Human Rights ◽  
International Law ◽  
Customary Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Doctrine ◽  
Customary International Law ◽  
Current State ◽  
Protection Of Human Rights ◽  
State Actors

Summary The paper explores the problem of the formation of the ‘(quasi-) customary law’, as a source of law created by, or contributed to by armed non-state actors (ANSAs). It argues that, despite some views presented in the doctrine of international law, claims of a quasi-customary international law are without foundation in the current state of international law. The paper is divided into three parts. The first part presents the views of legal doctrine concerning the customary law as contributed/created by non-state actors. The second section argues that ANSAs do not form practice and opinio juris which would allow them to create their ‘own’ customary law. The final part presents the possible challenges and consequences of including ANSAs in the process of formation of customary international law as created by States. In summary the conclusions posit that it could be potentially very harmful for international humanitarian law and the protection of human rights.

scholarly journals DIREITOS HUMANOS E DIREITOS FUNDAMENTAIS SOCIAIS E SUA EFIC�CIA NAS RELA��ES PRIVADAS: O CASO DA ISO 26OOO

2014 ◽  
Vol 14 (1) ◽  
Author(s):  
Ingo Wolfgang Sarlet
Keyword(s):  
Human Rights ◽  
Best Practices ◽  
Social Responsibility ◽  
State Of The Art ◽  
Fundamental Rights ◽  
Social Rights ◽  
Iso 26000 ◽  
Current State ◽  
Protection Of Human Rights ◽  
Private Actors

RESUMO: Este breve texto pretende refletir sobre o atual estado da arte no que concerne a efetiva promo��o e prote��o dos direitos humanos dos direitos fundamentais, com destaque para os direitos sociais, no contexto das boas pr�ticas da Responsabilidade Social, bem como sobre o desafio posto pela efic�cia de tais direitos na esfera das rela��es entre particulares. PALAVRAS-CHAVE: Direitos Humanos. Direitos Fundamentais Sociais. Efic�cia nas rela��es privadas. Responsabilidade Social. ISO 26000 ABSTRACT: This brief paper intends to think about the current state of the art regarding the active promotion and protection of human rights and fundamental rights, focusing the case of social rights, in the context of best practices of social responsibility, as well as the challenge posed by the efficacy of such rights in the domain of the relations among private actors. KEYWORDS: Human Rights. Social Rights. Efficacy in private sphere. Social Responsibility. ISO 26000

Protecting or punishing children: physical punishment, human rights and English law reform

Legal Studies ◽  
2006 ◽  
Vol 26 (3) ◽  
pp. 394-413 ◽  
Author(s):  
Heather Keating
Keyword(s):  
Human Rights ◽  
Large Degree ◽  
Physical Punishment ◽  
European Convention ◽  
Cultural Tradition ◽  
Physical Force ◽  
Rights Of The Child ◽  
Current State ◽  
Protection Of Human Rights ◽  
The Government

This paper assesses the current state of English criminal law in relation to the use of physical force by parents as a means of disciplining their children. It does so in the light of the Children Act 2004, the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, Art 3, pressure from bodies such as the United Nations Committee on the Rights of the Child and the law in other parts of Europe. It acknowledges that parents should have a large degree of autonomy in relation to parenting. However, the defence of ‘discipline’ or ‘reasonable chastisement’ is outdated, vague and potentially dangerous to children. It is argued that the response of the British Government to criticism of our law has been far from satisfactory. The reform which was incorporated into the Children Act 2004 as a result of pressure upon the government aims to avoid criminalising ‘ordinary families’ for minor smacks. However, the statement of principle is so diluted that parents might understandably be confused and enforcement may be difficult. Moreover, the pressure for reform has continued unabated. The paper concludes that what is needed is an outright ban, combined with an educational campaign, which can lead the way in changing the cultural tradition of physical punishment.

scholarly journals ŽMOGAUS TEISIŲ APSAUGA EUROPOJE IR EUROPOS SĄJUNGOS PRISIJUNGIMAS PRIE ŽMOGAUS TEISIŲ IR PAGRINDINIŲ LAISVIŲ APSAUGOS KONVENCIJOS

Teisė ◽  
2015 ◽  
Vol 92 ◽  
pp. 109-125
Author(s):  
Gintarė Pažereckaitė ◽  
Jevgenija Vienažindytė
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Council Of Europe ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Current State ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

Straipsnyje analizuojama žmogaus teisių apsauga Europoje, garantuojama pagal Europos Sąjungos ir Europos Tarybos (konkrečiai – Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos) teisines sistemas. Nagrinėjama dviejų regioninių teismo institucijų (Europos Žmogaus Teisių Teismo ir Europos Sąjungos Teisingumo Teismo) praktika ir kai kurios žmogaus teisių apsaugos užtikrinimo Europoje problemos. Straipsnyje vertinamas galimas Europos Sąjungos prisijungimo prie Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos poveikis žmogaus teisių apsaugai Europoje. Analizuojamos Prisijungimo sutarties projekte siūlomos procesinės taisyklės ir galimi jų trūkumai. Galiausiai pateikiamos įžvalgos dėl šiuo metu esamo žmogaus teisių apsaugos lygio Europoje pakankamumo, kurios iš dalies galėtų būti pagrindas vertinti Europos Sąjungos prisijungimo prie Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos poreikį. The article analyses human rights protection in Europe guaranteed in the legal systems of the European Union and the Council of Europe (i.e. the Convention for the Protection of Human Rights and Fundamental Freedoms). It examines case law of two regional judicial institutions (European Court of Human Rights and Court of Justice of the European Union) and certain problems of human rights protection in Europe. The article also assesses what impact the European Union accession to the Convention for the Protection of Human Rights and Fundamental Freedoms could have on the human rights protection in Europe; and analyses rules and procedures proposed in the draft Accession agreement, and their possible flaws. Finally, views on the current state of human rights protection in Europe are presented, which in a way gives a basis to question the need for the European Union to accede to the Convention.

The Kenya National Commission on Human Rights under the 2010 Constitutional Dispensation

2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
National Commission ◽  
Bill Of Rights ◽  
Institutional Perspective ◽  
Post Conflict ◽  
National Human ◽  
The Status ◽  
Protection Of Human Rights

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.

TO THE QUESTION OF RESPONSIBILITY FOR TORTURE IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 10 (2) ◽  
pp. 103-106
Author(s):  
ASTEMIR ZHURTOV ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Large Scale ◽  
Human Life ◽  
International Standards ◽  
World Community ◽  
The World ◽  
Long Time ◽  
Protection Of Human Rights ◽  
The Russian Federation

Cruel and inhumane acts that harm human life and health, as well as humiliate the dignity, are prohibited in most countries of the world, and Russia is no exception in this issue. The article presents an analysis of the institution of responsibility for torture in the Russian Federation. The author comes to the conclusion that the current criminal law of Russia superficially and fragmentally regulates liability for torture, in connection with which the author formulated the proposals to define such act as an independent crime. In the frame of modern globalization, the world community pays special attention to the protection of human rights, in connection with which large-scale international standards have been created a long time ago. The Universal Declaration of Human Rights and other international acts enshrine prohibitions of cruel and inhumane acts that harm human life and health, as well as degrade the dignity.Considering the historical experience of the past, these standards focus on the prohibition of any kind of torture, regardless of the purpose of their implementation.

Making Human Rights a Reality

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
International Law ◽  
World Population ◽  
International Human Rights Law ◽  
Legal Norms ◽  
Human Rights Protection ◽  
National Human ◽  
The World ◽  
Protection Of Human Rights ◽  
National Human Rights Institutions

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.

THE CONCEPT OF "HUMAN RIGHTS" IN THE SOCIO-POLITICAL SCIENCES

2020 ◽  
Vol 3 (1) ◽  
pp. 50-59
Author(s):  
Farhod Khatamov ◽  
Keyword(s):  
Human Rights ◽  
Political Development ◽  
The Political ◽  
Scientific Article ◽  
Historical Evolution ◽  
Political Sciences ◽  
Special Place ◽  
Protection Of Human Rights

This scientific article analyzes the origin of the concept of "human rights", its historical evolution and role in the political development of society. Scientific conclusions were made by summarizing the interpretations of various periods and historical stages. The study also emphasizes that the protection of human rights and freedoms occupies a special place in the development of human civilization

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