Suchergebnisse

The purpose of this Article is to analyse evolutionary trends in the interpretation of the European Convention on Human Rights (ECHR) by the European Court of Human Rights (ECtHR). To achieve this goal, a wide range of general philosophical methods were used. The Article submits that the ECHR has shown a growing commitment to the evolutionary method of interpretation, using the doctrine of a "living instrument", the ECHR, which is particularly important for Member States with specific problems, although this method limits the scope in the discretion of the State. It is concluded that the interpretative methodology used by the ECHR involves the use of its methods, including increasingly developing methods of consensus, efficiency, judicial activism, comparison, innovative interpretation, autonomous method, and "balance" method. This demonstrates, inter alia, the unlimited potential to improve the ECHR's interpretation of conventional standards. In the context of modern transformations in the direction of proactive international justice, judicial activism objectively departs from a formal application of legal norms and reflects the ECHR's desire to protect the fundamental human rights of individuals and communicatethem.

The relevance of the problem under study is due to the need to monitoring the general situation to respect to human rights. The establishment, provision and realization of human rights is an important indicator in a state, which indicates its democracy, sociality, as well as the fact that such a state is legal. Purpose of the article in the study the issues of legal protection of vulnerable categories of population in the context of formation of active human rights policy of state aimed at increasing the capacity of socially vulnerable groups and reducing the risks of growing social tensions in society. The leading method for studying this problem is the legal sociological method, which allows us to study the effectiveness of state and legal regulation of human rights protection. The article presents an analysis of the results of the European experience in combating intolerance and discrimination. Its types main determined have been. Highlighted the criteria by which discrimination is prohibited. The legal system of human rights protection mechanisms is analyzed. The article presents scientific categories: discrimination, hate crimes, vulnerable groups. The practical significance lies in the development of proposals for improving domestic legislation.

The objective of the research is to analyze the main violations of children's rights within the European Convention on Human Rights to highlight the basic positions of the European Court of Human Rights ECHR on their protection, as well as to determine the advisability of applying the practice of this court by the European states. The methodological basis of the work consists of different methods, such as analysis and synthesis, dialectical, logical-legal and formal-legal. The result of this work allowed identifying the role of the decisions of the European Court of Human Rights as a source of European law and its importance for the protection of the rights of the child, interpreting the legal positions established in the pertinent decisions of the said court and comparing them, to justify the need for your careful observation of the practice of the ECHR in the application of the law. It is concluded that the practice of the ECHR is recognized as a source of law in most states. And although the Ukrainian legal tradition does not recognize the status of judicial precedent as a source of law, such precedents are actively used in everyday legal activity.

Under uncertain conditions, the introduction of a state of emergency and quarantine measures, the scope of human rights may be subject to state interference and some rights cannot be exercised at all. The aim of the work is to examine the problem of the exercise of the right to freedom of movement and personal integrity in the context of COVID-19 through the practice of the European Court of Human Rights ECTHR. The theme of the study is the social relations that arise in the exercise of the right to freedom of movement and personal integrity in the COVID-19 pandemic. Research methods are the dialectical method, the method of system analysis, synthesis, induction, deduction, modeling, comparison, generalization, and formalization. As a result of the study, the problems of the realization of the right to freedom of movement and personal inviolability in COVID-19 were analyzed through the prism of ECtHR decisions. The international experience of regulating the right to circular under quarantine conditions was clarified and suggested ways to solve this problem to protect human dignity.

The article deals with the problems of application of the decisions of the European Court of Human Rights (ECHR) in the selection of precautionary measures in criminal cases in accordance with Ukrainian law. Since the procedural legislation of Ukraine is currently not perfect in the framework of the establishment and regulation of the application of precautionary measures, the decisions of the ECHR serve as an indispensable regulator of this issue. The objective of the work is to study the peculiarities of the application of the jurisprudence of the European Court of Human Rights in the selection of precautionary measures in criminal proceedings. The subject of the investigation is the jurisprudence of the ECHR in the context of the choice of precautionary measures in the criminal process. The research methodology included and combined the dialectical method, logical and legal method, analysis, synthesis. By way of conclusion, the study shows that the practice of the ECHR is mandatory to take into account not only the courts but also the investigators and prosecutors, who legally have the right to request the court to apply such precautionary measures.

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.

Criminal law offers the possibility of interfering with human life. To avoid such unjustified interference, society and the state must guarantee that human and civil rights are protected and that the standards established in the Convention for the Protection of Human Rights and Fundamental Freedoms are observed. Therefore, it is important to analyze the dynamics of the implementation of the protective function in the conviction of crimes in the interpretation of the European Court of Human Rights ECHR. In the methodological, he made of dialectics and documentary observation. The work aims to analyze the practice of the European Court of Human Rights, which tracks the dynamics of the protection function in sentencing for crimes. As a result of the study, the dynamics of the protection function in sentencing for criminal offenses were clarified through the practice of the ECHR, the problematic issues of the implementation of the protection function were analyzed in the example of Ukraine and foreign countries, and proposals were made, to use the practice of the ECHR as a "living tool" for the protection of human and civil rights and freedoms.

Desde los enfoques tradicionales sobre derechos humanos, los agentes transnacionales quedan fuera de la legislación que protege estos derechos. Los procesos de globalización han incrementado el número y la tipología de estos actores que parecen no vinculados directamente por las normas de derechos humanos. El resultado puede traducirse en una crisis del Estado como protector y transgresor único de los derechos, y en una necesidad de nuevos enfoques que otorguen eficacia a los mecanismos de responsabilidad. El objetivo es argumentar a favor de la "eficacia frente a terceros" de los derechos humanos y poner de manifiesto la necesidad de transparencia en los mecanismos que rodean la creación de la lex mercatoria.

Using a documentary methodology combining different research techniques such as dialectics, the article conducts a scientific analysis of the implementation of the constitutional right to a fair trial in Ukraine and defines its essence and content; it also investigates the peculiarities of normative consolidation of the right in international legal acts and studies the positive experience of applying the precedent practice of the European Court of Human Rights, to solve the main problems of the implementation of this right in the national judiciary in the conditions of martial law in Ukraine. Among other things, the essence of the term "right to a fair trial" was clarified and a study of the peculiarities of the implementation of the right to a fair trial in conditions of war from the perspective of the European Court of Human Rights was conducted. It is concluded that, both in theory and in concrete reality, the right to a fair trial is complex in nature and includes the fairness and publicity of the proceedings, the reasonableness of the terms, the presumption of innocence, the independence and impartiality of the court, the existence of a dispute over rights and obligations, among other aspects.

It is made a review of researchs and documents focused in the relation between photography and collective memory trough photoarchives of human rights, and the function that have the museums, documentation centers or memory places where they are. For the material's selection it was attended to their availability in indexed databases with prestige: Web of Science, Scielo, EbscoHost, DOAJ, and Dialnet, with descriptors as photograph and memory, photoarchive, collective memory and museums, and papers between 2006 and 2015. The material is organized in function of a series of questions about the conservation of a photoarchive and its role in collective memory of vulnerable population. The memory places reflects a tension between political interests and the vulnerable population's need for expression and for to testify about the human's right's violations. The photographic material organization set up difficults respect the conservation and classification with the quantity of digital images that are produced today.

Human dignity has become a central legal concept throughout the world and is increasingly used in judicial decisions in many countries that do not include it in their national legislation. However, due to the acknowledged vagueness of the concept, academics and judges have identified many difficulties in its implementation and the specific challenges it poses to the rule of law. Consequently, from a documentary methodology this article tries to develop and propose, from the analysis of different philosophical approaches to the definition of human dignity, a series of principles that can be applied in judicial decisions to achieve a deep common understanding of the usefulness of human dignity and, at the same time, tries to solve problems that are now widely recognized, both by supporters and critics of the judicial use of this concept. It is concluded that the concept of human dignity must have a decisive influence on the formation, not only of substantive law but also of procedural law. It must become a criterion for the need for measures to prevent the abuse of procedural rights, the distortion of justice and the deliberate evasion of its main task.