Suchergebnisse

Main concepts: human rights, natural and positive rights, national defense system of the Republic of Lithuania, Lithuanian army, statutes, European Union (EU), North Atlantic Treaty Organization (NATO), USSR armament, control model, etatism, humanism, unstatutory intercourse, statutory servant, discipline. Summary: work name and main concepts used in this work are given in the summary. It is described, what author analyses in this work, what influences on human rights' institution and it's development tendencies, what attitudes he has when writing this work. The essence of human rights and problems of its implementation and protection are provided. Human rights in common sense might be understood as a complex of values, involving rights/liberties and duties of an individual. External development, external and internal state changes, model of state government, ruling ideology lets to analyze human rights in various aspects. Human rights' institution in armament of USSR and independent Lithuania are analyzed and compared. Regulation of human rights and protection development tendencies and singularities are revealed by analyzing doctrines of dominant natural rights and positive etatism, historical circumstances, models of state government, their influence on human rights institution as well as emphasizing implementation of human rights in army. An attitude, that soviet heritage has an influence today, is kept in the work. The origin of unstatutory intercourse, determining restrictions and violations of soldiers' human rights, also was influenced by intercourse of soldiers at army during soviet time. On the basis of analyzed legal bases and accomplished sociological research (designated for human rights at national defense system) a conclusion is made, that different model of state/army government, state history, dominant ideology, legal doctrine, state becoming a part of an international community has an impact on regulation of human rights and its development. However, an influence of soviet heritage in the army is felt, soldiers' opinion researches reveal different weaknesses, which Lithuania still meets in the range of protection of human rights

Main concepts: human rights, natural and positive rights, national defense system of the Republic of Lithuania, Lithuanian army, statutes, European Union (EU), North Atlantic Treaty Organization (NATO), USSR armament, control model, etatism, humanism, unstatutory intercourse, statutory servant, discipline. Summary: work name and main concepts used in this work are given in the summary. It is described, what author analyses in this work, what influences on human rights' institution and it's development tendencies, what attitudes he has when writing this work. The essence of human rights and problems of its implementation and protection are provided. Human rights in common sense might be understood as a complex of values, involving rights/liberties and duties of an individual. External development, external and internal state changes, model of state government, ruling ideology lets to analyze human rights in various aspects. Human rights' institution in armament of USSR and independent Lithuania are analyzed and compared. Regulation of human rights and protection development tendencies and singularities are revealed by analyzing doctrines of dominant natural rights and positive etatism, historical circumstances, models of state government, their influence on human rights institution as well as emphasizing implementation of human rights in army. An attitude, that soviet heritage has an influence today, is kept in the work. The origin of unstatutory intercourse, determining restrictions and violations of soldiers' human rights, also was influenced by intercourse of soldiers at army during soviet time. On the basis of analyzed legal bases and accomplished sociological research (designated for human rights at national defense system) a conclusion is made, that different model of state/army government, state history, dominant ideology, legal doctrine, state becoming a part of an international community has an impact on regulation of human rights and its development. However, an influence of soviet heritage in the army is felt, soldiers' opinion researches reveal different weaknesses, which Lithuania still meets in the range of protection of human rights

After regaining its independence in 1990, Lithuania has demonstrated the will to establish the universal human rights standards in the country as soon as possible. However, taking into account the country's policy in the later years of independence, it's not clear whose interests – state of individual – are more important and how these concepts coexist in the framework of Lithuanian human rights policy. The aim of the research is to examine wherever state sovereignty and human rights are (in)compatible with each other in the policy-making context of Lithuanian human rights policy. Aiming to achieve the above mentioned aim the Lithuanian human rights policy-making context, factors affecting this policy, national legal basis on human rights, fourteen programmes of the Government through the prism of human rights are analyzed. In conducting the research the following research methods were used: documents and legal acts analysis, semi-structured interview, as well as comparative analysis. Empirical research data indicates that Lithuanian human rights policy could be described as fragmented, lacking integrity and balanced attention to all human rights; strongly expressed social economical dimension the other key feature of this policy. In the context of such policy the relation between the human rights and state sovereignty is rather mixed. On the one hand, the external sovereignty is compatible with human rights and freedoms; they complement each other. Meanwhile the supremacy of state's interests over the individual rights in the context of internal policy gives the basis to claim that human rights are not compatible with internal state sovereignty and state sovereignty which reflects the interests of state is a higher value in the internal policy. The empirical data also indicates that human rights and internal state sovereignty are compatible with each other when the interests of state include the duty to protect the human rights.

After regaining its independence in 1990, Lithuania has demonstrated the will to establish the universal human rights standards in the country as soon as possible. However, taking into account the country's policy in the later years of independence, it's not clear whose interests – state of individual – are more important and how these concepts coexist in the framework of Lithuanian human rights policy. The aim of the research is to examine wherever state sovereignty and human rights are (in)compatible with each other in the policy-making context of Lithuanian human rights policy. Aiming to achieve the above mentioned aim the Lithuanian human rights policy-making context, factors affecting this policy, national legal basis on human rights, fourteen programmes of the Government through the prism of human rights are analyzed. In conducting the research the following research methods were used: documents and legal acts analysis, semi-structured interview, as well as comparative analysis. Empirical research data indicates that Lithuanian human rights policy could be described as fragmented, lacking integrity and balanced attention to all human rights; strongly expressed social economical dimension the other key feature of this policy. In the context of such policy the relation between the human rights and state sovereignty is rather mixed. On the one hand, the external sovereignty is compatible with human rights and freedoms; they complement each other. Meanwhile the supremacy of state's interests over the individual rights in the context of internal policy gives the basis to claim that human rights are not compatible with internal state sovereignty and state sovereignty which reflects the interests of state is a higher value in the internal policy. The empirical data also indicates that human rights and internal state sovereignty are compatible with each other when the interests of state include the duty to protect the human rights.

After regaining its independence in 1990, Lithuania has demonstrated the will to establish the universal human rights standards in the country as soon as possible. However, taking into account the country's policy in the later years of independence, it's not clear whose interests – state of individual – are more important and how these concepts coexist in the framework of Lithuanian human rights policy. The aim of the research is to examine wherever state sovereignty and human rights are (in)compatible with each other in the policy-making context of Lithuanian human rights policy. Aiming to achieve the above mentioned aim the Lithuanian human rights policy-making context, factors affecting this policy, national legal basis on human rights, fourteen programmes of the Government through the prism of human rights are analyzed. In conducting the research the following research methods were used: documents and legal acts analysis, semi-structured interview, as well as comparative analysis. Empirical research data indicates that Lithuanian human rights policy could be described as fragmented, lacking integrity and balanced attention to all human rights; strongly expressed social economical dimension the other key feature of this policy. In the context of such policy the relation between the human rights and state sovereignty is rather mixed. On the one hand, the external sovereignty is compatible with human rights and freedoms; they complement each other. Meanwhile the supremacy of state's interests over the individual rights in the context of internal policy gives the basis to claim that human rights are not compatible with internal state sovereignty and state sovereignty which reflects the interests of state is a higher value in the internal policy. The empirical data also indicates that human rights and internal state sovereignty are compatible with each other when the interests of state include the duty to protect the human rights.

After regaining its independence in 1990, Lithuania has demonstrated the will to establish the universal human rights standards in the country as soon as possible. However, taking into account the country's policy in the later years of independence, it's not clear whose interests – state of individual – are more important and how these concepts coexist in the framework of Lithuanian human rights policy. The aim of the research is to examine wherever state sovereignty and human rights are (in)compatible with each other in the policy-making context of Lithuanian human rights policy. Aiming to achieve the above mentioned aim the Lithuanian human rights policy-making context, factors affecting this policy, national legal basis on human rights, fourteen programmes of the Government through the prism of human rights are analyzed. In conducting the research the following research methods were used: documents and legal acts analysis, semi-structured interview, as well as comparative analysis. Empirical research data indicates that Lithuanian human rights policy could be described as fragmented, lacking integrity and balanced attention to all human rights; strongly expressed social economical dimension the other key feature of this policy. In the context of such policy the relation between the human rights and state sovereignty is rather mixed. On the one hand, the external sovereignty is compatible with human rights and freedoms; they complement each other. Meanwhile the supremacy of state's interests over the individual rights in the context of internal policy gives the basis to claim that human rights are not compatible with internal state sovereignty and state sovereignty which reflects the interests of state is a higher value in the internal policy. The empirical data also indicates that human rights and internal state sovereignty are compatible with each other when the interests of state include the duty to protect the human rights.

The object of this paper is the human rights policy in the Visegrad countries. The problem of the research – the Human Rights Policy in the Visegrad countries – is a relatively new and hardly explored subject, although it is an integral part of the general post-communistic transformation. The research problem is characterized by the fact that in the sphere of human rights of the Visegrad countries, no tradition of intellectual and practical political tradition occur, and their newly formulated policies on human rights are not based on the ethos that could be considered standard or finished by the international community. The EU requirements and pressure were the main external factors boosting the development of the human rights policy in the Visegrad countries. The aim of the paper is to analyze the factors that led to the peculiarities of the national human rights policy in the Visegrad countries, and their integration to the international human rights policy. In order to reveal the above-mentioned aim, the following tasks have been formed: to reveal the characteristics of the human rights regime, as well as its legal and institutional structures; to reflect the effectiveness and effect of the protection of human rights in Europe; to assess the institutional transformations that have taken place in the national human rights policy of the Visegrad countries; to analyze the relationship between the Visegrad countries and a society in shaping the national policies on human rights; to examine the participation of the Czech Republic, Poland, Slovakia and Hungary in the international human rights policy. After the research, in which the paper theme, its breadth, complexity, diversity and topics have been considered, a descriptive-analytical, and data analysis, as well as the semi-structured interview techniques, have been used to formulate the following conclusions. The conclusions describe the characteristics of the European human rights regime in the legal and institutional structures, as well as the lack of the accountability of legal institutions and countries, which encodes the possibility for the countries to independently choose the mechanisms and national measures for the human rights policy implementation. The features of the effective European Human Rights activity – an adequate response to the significant social problems, flexible diplomacy, as well as legal and political initiatives – can be observed. The documents connected with the human rights issue ratified by the Visegrad countries often reveal a sort of distinction between the state and its citizens, as well as its citizens and people. The remnants of the communist relics and the weak current policies on human rights lead to the passivity of a civil society in the political discourse. The research of the participation of the Czech Republic, Poland, Slovakia and Hungary in international human rights missions/programs and organizations, has disclosed the tendency of the transformational period, i.e. the orientation towards the general context of the EU foreign policy.

The object of this paper is the human rights policy in the Visegrad countries. The problem of the research – the Human Rights Policy in the Visegrad countries – is a relatively new and hardly explored subject, although it is an integral part of the general post-communistic transformation. The research problem is characterized by the fact that in the sphere of human rights of the Visegrad countries, no tradition of intellectual and practical political tradition occur, and their newly formulated policies on human rights are not based on the ethos that could be considered standard or finished by the international community. The EU requirements and pressure were the main external factors boosting the development of the human rights policy in the Visegrad countries. The aim of the paper is to analyze the factors that led to the peculiarities of the national human rights policy in the Visegrad countries, and their integration to the international human rights policy. In order to reveal the above-mentioned aim, the following tasks have been formed: to reveal the characteristics of the human rights regime, as well as its legal and institutional structures; to reflect the effectiveness and effect of the protection of human rights in Europe; to assess the institutional transformations that have taken place in the national human rights policy of the Visegrad countries; to analyze the relationship between the Visegrad countries and a society in shaping the national policies on human rights; to examine the participation of the Czech Republic, Poland, Slovakia and Hungary in the international human rights policy. After the research, in which the paper theme, its breadth, complexity, diversity and topics have been considered, a descriptive-analytical, and data analysis, as well as the semi-structured interview techniques, have been used to formulate the following conclusions. The conclusions describe the characteristics of the European human rights regime in the legal and institutional structures, as well as the lack of the accountability of legal institutions and countries, which encodes the possibility for the countries to independently choose the mechanisms and national measures for the human rights policy implementation. The features of the effective European Human Rights activity – an adequate response to the significant social problems, flexible diplomacy, as well as legal and political initiatives – can be observed. The documents connected with the human rights issue ratified by the Visegrad countries often reveal a sort of distinction between the state and its citizens, as well as its citizens and people. The remnants of the communist relics and the weak current policies on human rights lead to the passivity of a civil society in the political discourse. The research of the participation of the Czech Republic, Poland, Slovakia and Hungary in international human rights missions/programs and organizations, has disclosed the tendency of the transformational period, i.e. the orientation towards the general context of the EU foreign policy.

The object of this paper is the human rights policy in the Visegrad countries. The problem of the research – the Human Rights Policy in the Visegrad countries – is a relatively new and hardly explored subject, although it is an integral part of the general post-communistic transformation. The research problem is characterized by the fact that in the sphere of human rights of the Visegrad countries, no tradition of intellectual and practical political tradition occur, and their newly formulated policies on human rights are not based on the ethos that could be considered standard or finished by the international community. The EU requirements and pressure were the main external factors boosting the development of the human rights policy in the Visegrad countries. The aim of the paper is to analyze the factors that led to the peculiarities of the national human rights policy in the Visegrad countries, and their integration to the international human rights policy. In order to reveal the above-mentioned aim, the following tasks have been formed: to reveal the characteristics of the human rights regime, as well as its legal and institutional structures; to reflect the effectiveness and effect of the protection of human rights in Europe; to assess the institutional transformations that have taken place in the national human rights policy of the Visegrad countries; to analyze the relationship between the Visegrad countries and a society in shaping the national policies on human rights; to examine the participation of the Czech Republic, Poland, Slovakia and Hungary in the international human rights policy. After the research, in which the paper theme, its breadth, complexity, diversity and topics have been considered, a descriptive-analytical, and data analysis, as well as the semi-structured interview techniques, have been used to formulate the following conclusions. The conclusions describe the characteristics of the European human rights regime in the legal and institutional structures, as well as the lack of the accountability of legal institutions and countries, which encodes the possibility for the countries to independently choose the mechanisms and national measures for the human rights policy implementation. The features of the effective European Human Rights activity – an adequate response to the significant social problems, flexible diplomacy, as well as legal and political initiatives – can be observed. The documents connected with the human rights issue ratified by the Visegrad countries often reveal a sort of distinction between the state and its citizens, as well as its citizens and people. The remnants of the communist relics and the weak current policies on human rights lead to the passivity of a civil society in the political discourse. The research of the participation of the Czech Republic, Poland, Slovakia and Hungary in international human rights missions/programs and organizations, has disclosed the tendency of the transformational period, i.e. the orientation towards the general context of the EU foreign policy.

Preliminary Material /Asbjørn Eide , Jakob Th. Möller and Ineta Ziemele -- The Right to Peace Milestones in the Development of International Humanitarian Law /Daniel Thürer -- Post-War American International Law Scepticism: The International Criminal Court, Stockholm 1924 /Mark Weston Janis -- Peace as a Human Right: The Jus Cogens Prohibition of Aggression /Alfred de Zayas -- The Human Right to Peace /William A. Schabas -- Security and Human Rights in the Regulation of Private Military Companies: The Role of the Home State /Francesco Francioni -- The United Nations and Human Rights What Makes Democracy Good? /Lyal S. Sunga -- Is the United Nations Human Rights Council Living Up to the International Community's Expectations? /Markus G. Schmidt -- The UN Human Rights Council: The Perennial Struggle between Realism and Idealism /Bertrand G. Ramcharan -- Eight UN Petitions Procedures: A Comparative Analysis /Jakob Th. Möller -- The Legal Status of Views Adopted by the Human Rights Committee – From Genesis to Adoption of General Comment No. 33 /Geir Ulfstein -- Winter Break 2010: A Week in the Life of a Special Rapporteur /Martin Scheinin -- Legal and Judicial Shortcomings of the Surrogate State of "UNMIKISTAN" /Margrét Heinreksdóttir -- The Right to Inclusive Education for Children with Disabilities – Innovations in the CRPD /Arnardóttir Arnardóttir -- Human Rights at the Regional Level The Council of Europe: A Champion in Monitoring Implementation of Human Rights Standards? /Petter F. Wille -- Flexibilising the Modes of Amending the European Convention on Human Rights: An Idea for a 'Statute' for the European Court /Krzysztof Drzewicki -- Strengthening of the Principle of Subsidiarity of the European Convention on Human Rights /Björg Thorarensen -- Presumption of Convention Compliance /Davíð Þór Björgvinsson -- The Right to Adequate Judicial Reasoning /Ragnar Aðalsteinsson -- Dialogue Between States and International Human Rights Monitoring Organs – Especially the European Commission Against Racism and Intolerance /Lauri Hannikainen -- How Old Are You? Age Discrimination and EU Law /Allan Rosas -- NHRIs in the European Union: Status Quo Vadis? /Morten Kjærum and Jonas Grimheden -- Selected Examples of the Contemporary Practice of the Inter-American System in Confronting Grave Violations of Human Rights: United States and Colombia /Diego Rodríguez-Pinzón -- Indigenous Peoples and Minorities Prevention of Discrimination, Protection of Minorities, and the Rights of Indigenous Peoples: Challenges and Choices /Asbjørn Eide -- Minority Protection in the African System of Human Rights /Michelo Hansungule -- Indigenous Peoples on the International Scene: A Personal Reminiscence /Lee Swepston -- Indigenous Peoples and the Right to Development /Rainer Hofmann and Juri Alistair Gauthier -- Principal Problems Regarding Indigenous Land Rights and Recent Endeavours to Resolve Them /Erica-Irene A. Daes -- Traditional Knowledge of Indigenous Peoples: Preserve or Protect? – That's the Question! /Mpazi Sinjela -- Redefining Sovereignty and Self-Determination through a Declaration of Sovereignty: The Inuit Way of Defining the Parameters for Future Arctic Governance /Timo Koivurova.

The main idea of this paper is the lack of a cultural dimension in the discourse of human rights in Lithuania. The process of human rights, which has been stimulated by integration into the European Union, has been marked as a fast and successful institutionalization that has influenced participants in the discourse on human rights and the discourse itself. The main participants in the discourse are still the same, mostly state institutions and various kinds of interest groups. However, the cultural aspect is too little expanded in the discourse of human rights, which is the main reason that motivates a kind of conflict among intentions, decision-making and their realization.

The main idea of this paper is the lack of a cultural dimension in the discourse of human rights in Lithuania. The process of human rights, which has been stimulated by integration into the European Union, has been marked as a fast and successful institutionalization that has influenced participants in the discourse on human rights and the discourse itself. The main participants in the discourse are still the same, mostly state institutions and various kinds of interest groups. However, the cultural aspect is too little expanded in the discourse of human rights, which is the main reason that motivates a kind of conflict among intentions, decision-making and their realization.

The main idea of this paper is the lack of a cultural dimension in the discourse of human rights in Lithuania. The process of human rights, which has been stimulated by integration into the European Union, has been marked as a fast and successful institutionalization that has influenced participants in the discourse on human rights and the discourse itself. The main participants in the discourse are still the same, mostly state institutions and various kinds of interest groups. However, the cultural aspect is too little expanded in the discourse of human rights, which is the main reason that motivates a kind of conflict among intentions, decision-making and their realization.

Master Thesis is devoted to the study of the advisory opinion procedure prescribed by the Protocol No. 16 to the European Convention on Human Rights or, to be more precise, to the study of the value of this procedure for the protection of human rights in the European Union. The Master Thesis is aimed on establishing whether the advisory opinion procedure could become an effective tool for improving the human rights protection in the Union. The main objectives of the Thesis were to analyse the provisions of the Protocol No. 16 and to find out whether the aims of the Protocol could be achieved and what will be the obstacles, if any, for doing this; and to establish how the advisory opinion procedure will influence the national courts and EU law. The research has shown that the advisory opinion procedure will enhance the judicial dialogue between the Court and the national courts and will ensure establishing higher human rights protection standards. However, there are still some doubts that the procedure will decrease the Court's workload due to the length of the procedure, the additional burden that will be put on the Grand Chamber, etc. Moreover, the Protocol may prevent the Constitutional Courts from effective realization of the function of constitutional control and can interfere into the relationship between the Constitutional Courts and the Highest Ordinary Courts. The main concern about the non-binding nature of the advisory opinions was, however, refuted. Besides, the research has shown that the Court of Justice of the European Union in Opinion 2/13 reasonably stated that the advisory opinion procedure could undermine the autonomy of EU law that neither can be put higher than the protection of human rights, nor being neglected.

Master Thesis is devoted to the study of the advisory opinion procedure prescribed by the Protocol No. 16 to the European Convention on Human Rights or, to be more precise, to the study of the value of this procedure for the protection of human rights in the European Union. The Master Thesis is aimed on establishing whether the advisory opinion procedure could become an effective tool for improving the human rights protection in the Union. The main objectives of the Thesis were to analyse the provisions of the Protocol No. 16 and to find out whether the aims of the Protocol could be achieved and what will be the obstacles, if any, for doing this; and to establish how the advisory opinion procedure will influence the national courts and EU law. The research has shown that the advisory opinion procedure will enhance the judicial dialogue between the Court and the national courts and will ensure establishing higher human rights protection standards. However, there are still some doubts that the procedure will decrease the Court's workload due to the length of the procedure, the additional burden that will be put on the Grand Chamber, etc. Moreover, the Protocol may prevent the Constitutional Courts from effective realization of the function of constitutional control and can interfere into the relationship between the Constitutional Courts and the Highest Ordinary Courts. The main concern about the non-binding nature of the advisory opinions was, however, refuted. Besides, the research has shown that the Court of Justice of the European Union in Opinion 2/13 reasonably stated that the advisory opinion procedure could undermine the autonomy of EU law that neither can be put higher than the protection of human rights, nor being neglected.