scholarly journals Administrative Detention: Compliance of the Code of Ukraine on Administrative Offenses with Social Needs and the Current State of Keeping Human Rights and Freedoms

2020 ◽  
Vol 89 (2) ◽  
pp. 198-210
Author(s):  
M. A. Sambor
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Positive Impact ◽  
Effective Means ◽  
Social Needs ◽  
Freedom Of Movement ◽  
Convincing Argument ◽  
Use Of Data ◽  
Current State ◽  
Administrative Detention

The author has studied administrative detention as a measure to ensure proceedings in cases on administrative offenses, its use in documenting administrative offenses and interdependent measures, as well as the use of data obtained as evidence in proceedings in cases on administrative offenses. One of the effective means of ensuring proceedings in cases on administrative offenses, termination and documentation of administrative offenses is administrative detention, which restricts a number of human rights and freedoms. Administrative detention also essentially occurs, when a person is forced to stay with the authorized person at the crime scene while drawing up a report on administrative offenses or making a decision, because this person can not leave the place without the permission of the authorized official and move in accordance with the chosen route. It is alleged that administrative detention creates additional guarantees for the rights and freedoms of a person, who is subject to administrative liability, and whose right to freedom of movement and personal inviolability is limited. We are confident that the offered amendments to the legislation will help to build the sphere of administrative and tort law and its institutions, which will have a positive impact on the legal system and legislation of independent Ukraine, raise the prestige of its legal system in the world and serve as a convincing argument for citizens for the possibility to be the victim of the arbitrariness of authoritative agencies.

scholarly journals Examination and the State of Intoxication: Features of Legal Regulation and Observance of Human Rights and Freedoms

2020 ◽  
Vol 77 (2) ◽  
pp. 40-47
Author(s):  
М. А. Самбор
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Tort Law ◽  
Legal Regulation ◽  
The State ◽  
Small Vessels ◽  
Convincing Argument ◽  
Inadmissible Evidence ◽  
Security Measure ◽  
The Right

The author of the article examines the state of alcohol, drugs or other intoxication, as well as the influence of drugs that reduce the attention and speed of reaction, as a measure to ensure the proceedings in cases of administrative offenses, and features of legal regulation of its use during documentation of administrative offenses, as well as the admissibility of using the obtained data as evidence in proceedings on administrative offenses. The examination of the state of intoxication is not just a measure to ensure the proceedings in cases of administrative offenses, but a necessary procedural action, which allows to assert the presence in the actions of a person of an administrative offense. It is alleged that an examination of the state of intoxication, in particular of drivers, is possible only if they are detained administratively. It is applied to the documentation of other administrative offenses, the proof of which requires the establishment of a state of intoxication. In other circumstances, such an examination of intoxication should be considered inadmissible evidence in an administrative offense case, since it was obtained in substantial violation of human rights and freedoms, including the right to liberty and security, as well as a number of other rights, which the detained person failed to exercise. It is appropriate that such a security measure as the removal of a driver from driving the vehicle had a procedural form, in this regard, we consider it necessary to supplement the Art. 266 of the Code of Administrative Offenses with Part 8 of the following wording: «On the removal of persons from driving vehicles, river and small vessels authorized officials execute the minutes». We are confident that the offered amendments to the legislation will contribute to the development of administrative tort law, its institutions, which positively affect both the legal system and legislation of independent Ukraine, raising the prestige of its legal system in the world, and serve as a convincing argument for citizens to become victims of arbitrariness of authorities.

scholarly journals Legal System Reform and Challenges on Assurance of Human Rights Standards in Vietnam

2020 ◽  
Vol 4 (2) ◽  
pp. 427
Author(s):  
Thi Hong Yen Nguyen
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Industrial Revolution ◽  
Positive Impact ◽  
National Development ◽  
Fundamental Rights ◽  
System Reform ◽  
Doi Moi ◽  
Human Rights Standards ◽  
New Generation

Since the Doi Moi (Vietnam’s economic reform) in 1986 to date, Vietnam has continuously made efforts to reform its legal system to better adapt with requirements to develop in different historical periods. Vietnam considers ensuring fundamental human rights as one of the cross-cutting goals in national development policies and strategies. It is undeniable that the outcomes of legal system reform had a positive impact on all aspects of life and on the assurance of human rights and citizen’s rights in particular. However, due to the effects of e international integration and 4.0 industrial revolution the emergence of new-generation trade agreements (FTAs), the current legal system in Vietnam has revealed certain limitations that need to be improved in order to better guarantee fundamental rights. With the objective to bring about the general picture of legal reform on human rights in the recent years in Vietnam, this article will focus on introducing the legal system and its impact on the assurance of human rights standards and highlighting the priorities that need to be revised.

Energy in Public Administration - Between Human Rights and Efficient Administration

2015 ◽  
Vol 3 (2) ◽  
pp. 227-241
Author(s):  
Mirko Pecaric
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
Legal System ◽  
Human Dignity ◽  
Human Mind ◽  
Public Affairs ◽  
Reciprocal Relation ◽  
Legal Principles ◽  
Informal Practices

This paper explores recent notions in public administration, which are intertwined and addressed to the administration of public affairs. On this basis it demonstrates that content of legal system is filled through the static legal principles and rules, but they receive their real content through the informal practices and conditions of the human mind. The paper concludes that discussed notions could have only one name, because they all are the synonyms of reciprocal relation between the human dignity and efficient administration.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

Is There a Right to Free Movement across Borders?

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
Individual Freedom ◽  
Freedom Of Association ◽  
Human Right ◽  
Freedom Of Movement ◽  
The Third ◽  
The Right ◽  
Logical Extension

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.

In Lieu of a Conclusion

2018 ◽  
Author(s):  
John Linarelli ◽  
Margot E Salomon ◽  
Muthucumaraswamy Sornarajah
Keyword(s):  
Human Rights ◽  
International Law ◽  
Global Economy ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Current State ◽  
Neoliberal Capitalism ◽  
Transformative Potential ◽  
International Economic Law ◽  
Human Rights Norms

This chapter recaps the main themes of the volume, ie that the international law of the global economy is in a state of disorder. Claims about the justice, fairness, or benefits of the current state of international law as it relates to the global economy are fanciful. A more credible picture emerges when one considers who is protected, against what, and those relations that are valued and those that are not. Moreover, these claims above all require a suspension of a reflective attitude about what international law actually says and does. When it comes to international economic law, power is masked behind a veil of neutrality when it certainly is not neutral in the interests it protects and offends. As for international human rights law, it overlooks the ways in which it props up extreme capitalism foreclosing the possibility of transformative structural change to neoliberal capitalism. In its most radical areas, human rights norms have been blocked from making demands on the design of the global economy precisely because of their transformative potential. Among the central critiques of international law presented in this book is that international law must be justifiable to those who are subject to it.

scholarly journals The Struggle Against Torture: Challenges, Assumptions and New Directions

2019 ◽  
Vol 11 (2) ◽  
pp. 324-333
Author(s):  
Tobias Kelly
Keyword(s):  
Human Rights ◽  
Multiple Forms ◽  
Marginalized Groups ◽  
Current State ◽  
New Directions ◽  
History Of ◽  
Emerging Themes ◽  
Short Essay ◽  
Forms Of Violence

Abstract This short essay offers a broad and necessarily incomplete review of the current state of the human rights struggle against torture and ill-treatment. It sketches four widespread assumptions in that struggle: 1) that torture is an issue of detention and interrogation; 2) that political or security detainees are archetypal victims of torture; 3) that legal reform is one of the best ways to fight torture; and 4) that human rights monitoring helps to stamp out violence. These four assumptions have all played an important role in the history of the human rights fight against torture, but also resulted in limitations in terms of the interventions that are used, the forms of violence that human rights practitioners respond to, and the types of survivors they seek to protect. Taken together, these four assumptions have created challenges for the human rights community in confronting the multiple forms of torture rooted in the deep and widespread inequality experienced by many poor and marginalized groups. The essay ends by pointing to some emerging themes in the fight against torture, such as a focus on inequality, extra-custodial violence, and the role of corruption.

scholarly journals Transcription Alignment of Historical Vietnamese Manuscripts without Human-Annotated Learning Samples

2021 ◽  
Vol 11 (11) ◽  
pp. 4894
Author(s):  
Anna Scius-Bertrand ◽  
Michael Jungo ◽  
Beat Wolf ◽  
Andreas Fischer ◽  
Marc Bui
Keyword(s):  
Object Detection ◽  
State Of The Art ◽  
Positive Impact ◽  
Detection System ◽  
Training Data ◽  
Detection Accuracy ◽  
Current State ◽  
Alignment Task ◽  
Scanned Image ◽  
Automatic Transcription

The current state of the art for automatic transcription of historical manuscripts is typically limited by the requirement of human-annotated learning samples, which are are necessary to train specific machine learning models for specific languages and scripts. Transcription alignment is a simpler task that aims to find a correspondence between text in the scanned image and its existing Unicode counterpart, a correspondence which can then be used as training data. The alignment task can be approached with heuristic methods dedicated to certain types of manuscripts, or with weakly trained systems reducing the required amount of annotations. In this article, we propose a novel learning-based alignment method based on fully convolutional object detection that does not require any human annotation at all. Instead, the object detection system is initially trained on synthetic printed pages using a font and then adapted to the real manuscripts by means of self-training. On a dataset of historical Vietnamese handwriting, we demonstrate the feasibility of annotation-free alignment as well as the positive impact of self-training on the character detection accuracy, reaching a detection accuracy of 96.4% with a YOLOv5m model without using any human annotation.

scholarly journals Multi-Task Optimization and Multi-Task Evolutionary Computation in the Past Five Years: A Brief Review

Mathematics ◽  
2021 ◽  
Vol 9 (8) ◽  
pp. 864
Author(s):  
Qingzheng Xu ◽  
Na Wang ◽  
Lei Wang ◽  
Wei Li ◽  
Qian Sun
Keyword(s):  
Evolutionary Computation ◽  
Explicit Knowledge ◽  
Optimization Problems ◽  
Effective Means ◽  
Typical Application ◽  
The Past ◽  
Current State ◽  
Evolution Algorithms ◽  
Application Fields

Traditional evolution algorithms tend to start the search from scratch. However, real-world problems seldom exist in isolation and humans effectively manage and execute multiple tasks at the same time. Inspired by this concept, the paradigm of multi-task evolutionary computation (MTEC) has recently emerged as an effective means of facilitating implicit or explicit knowledge transfer across optimization tasks, thereby potentially accelerating convergence and improving the quality of solutions for multi-task optimization problems. An increasing number of works have thus been proposed since 2016. The authors collect the abundant specialized literature related to this novel optimization paradigm that was published in the past five years. The quantity of papers, the nationality of authors, and the important professional publications are analyzed by a statistical method. As a survey on state-of-the-art of research on this topic, this review article covers basic concepts, theoretical foundation, basic implementation approaches of MTEC, related extension issues of MTEC, and typical application fields in science and engineering. In particular, several approaches of chromosome encoding and decoding, intro-population reproduction, inter-population reproduction, and evaluation and selection are reviewed when developing an effective MTEC algorithm. A number of open challenges to date, along with promising directions that can be undertaken to help move it forward in the future, are also discussed according to the current state. The principal purpose is to provide a comprehensive review and examination of MTEC for researchers in this community, as well as promote more practitioners working in the related fields to be involved in this fascinating territory.

scholarly journals A Commentary on the African Commission's General Comment on the Right to Freedom of Movement and Residence under Article 12(1) of the African Charter on Human and Peoples’ Rights

2021 ◽  
pp. 1-21
Author(s):  
Romola Adeola ◽  
Frans Viljoen ◽  
Trésor Makunya Muhindo
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Freedom Of Movement ◽  
Number Of Factors ◽  
African Charter ◽  
The Right ◽  
Domestic Level ◽  
African Commission

Abstract In 2019, the African Commission on Human and Peoples’ Rights adopted General Comment No 5 on the African Charter on Human and Peoples’ Rights: The Right to Freedom of Movement and Residence (Article 12(1)). In this general comment, the commission elaborated on the right to freedom of movement and residence within state borders. This issue, while explicit in international human rights law, is a challenge within various jurisdictions, including in Africa. This article provides a background to and commentary on General Comment No 5, leveraging on the insight of the authors, who participated in its drafting. Unlike the UN Human Rights Committee's earlier general comment, General Comment No 5 provides detailed guidance on the internal dimension of the right to free movement and residence. As “soft law”, its persuasive force depends on a number of factors, including its use at the domestic level, its visibility and its integration into regional human rights jurisprudence.

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