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.

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 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.

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.

Este artículo presenta un balance de las investigaciones, producidas en las dos últimas décadas, que estudian las relaciones entre archivos, derechos humanos y memoria colectiva. El análisis de los numerosos trabajos que abordan estas tres categorías es clasificado en cuatro enfoques: 1) la concepción del archivo como evidencia de violaciones a los derechos humanos; 2) la revisión crítica del rol que cumplen los documentos, los archivos y los archivistas en la construcción de la memoria colectiva; 3) la justicia social como guía orientadora de la praxis archivística; y 4) los archivos como lugares de memoria y territorios de disputa acerca de los distintos sentidos del pasado.

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.

The objective of the article was to determine how effective international institutions are in the mechanism for the protection of human rights and freedoms in the context of national security. The methods of statistical analysis, correlation analysis, generalization and analogy, hypothetical-deductive model were used to achieve the proposed objective. In addition, international institutions were identified that are directly concerned with the protection of rights and freedoms in the event of their violations at the regional level. The correlation was established between the level of human rights protection and the level of national security, the number of international human rights treaties ratified, the number of cases brought before international regional human rights courts. It concludes that international institutions are effective in the mechanism for the protection of human rights and freedoms in regions with a weak national system for the protection of human rights and freedoms. Identifying factors affecting the level of protection of human rights and freedoms in the context of national security in countries with a weak national protection system may be the prospect of further investigation.

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.

Se ofrece una reflexión de la pena de muerte, que parte de premisas esenciales desde la bioética y los derechos humanos. Se plantean algunas generalidades de esta disciplina, dado que orientan a un cuestionamiento respecto al aporte de la ciencia y la tecnología para llevar a cabo "ejecuciones más humanas". Enseguida se recurre a los conceptos de vida, persona y dignidad para enmarcar el argumento en los derechos humanos. Se retoman algunas sentencias de documentos internacionales apelando a un desarrollo del hombre desde la ética: la práctica de la pena máxima, por el contrario, lo retiene. Así pues, se anticipa que lo humano nunca se hallará en la aniquilación de su propio género.

The need for qualitative changes in the field of national security also requires the transformation of international institutions responsible for the protection of human rights and freedoms. Therefore, the aim of the article was to identify the role of international institutions in the protection of human rights and freedoms in the field of national security. The main methodological tools were the observational method and the comparative legal method. There is currently a dynamic increase in the number of international treaties ratified in the field of human rights. International institutions are making many efforts to achieve the highest level of efficiency of adequate protection mechanisms. The authorization of an illegal war exposes states to prosecution in international courts. Everything leads to the conclusion that the competence capacity of institutions seems to be limited in the face of increasing violations of human rights in many regions of the world, which leads to the need to reform international legal instruments and relevant procedures for the protection of human rights and freedoms in the field of national security.

Today we find it hurts a city that neoliberalism required to hide their conflicts, ordered him to say nice and pacified while hiding in her womb and exacerbates the conflict and reality that affects so magnified prisons and that's where it ends political models, democracies broken and battered Social State of Law.

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.

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.