Suchergebnisse

Violations of human rights have become an almost daily occurrence via various TV and newspaper reports. Massacres, murders, torture, violence, imprisonment of political opponents, are facts of life in a number of contemporary states. While these states blatantly curtail human rights of their citizens, the governments and peoples of other countries have the right but also a kind of duty to demand they be respected. This feeling of global responsibility is increasing every day thanks to the process of globalization itself. (SOI : PM: S. 82)

An analysis of the US foreign policy strategy shows that a more intensive advocacy of human rights and democracy is us usually a characteristic for democratic American presidents and their administrations. The numerous challenges of the new world order which Bill Clinton was faced with, required the redefinition of the role, goals, and interests of the sole remaining superpower in the new international community. The promotion of democracy and liberal market values and the protection of universal human rights have been the guidelines for Clinton's administration's foreign policy during both of his mandates. Due to the specific features and intensity of geopolitical changes, which resulted in armed conflicts in the South-Eastern Europe, the consequence of the American policy towards the newly-created countries (the so-called young democracies on the Old Continent, including the new Russia) was that the first NATO's military "out of area" campaign on Kosovo was justified as an attempt to stem the flood of refugees and to make an end to the violation of ethnic and other human rights. Since the US have announced their intention to intervene when and if (and based on their interests), they deem that basic human rights and democratic values are violated, it can be said that a new pattern of behaviour has emerged which would have to be adopted by the other members of the new world order as well. (SOI : PM: S. 122)

"Democracy provides an environment in which the protection of basic human rights is best guaranteed." (Our Global Neighborhood: The report of the Commission on Global Governance, New York 1998). A comparative analysis of available data on state security services of several European states and the US points to the fundamental theoretical tenets concerning the role and the functioning of these services in democratic environment. Since their beginnings, these agencies have been the chief instrument in national security protection. Historically, in various states and in different periods, the unique mission of security services - the protection of national security - has not included uniformity of content. Among other things, this is largely due to a lack of an unequivocal definition of the concept of national security and a miscellany of "perceptions" by the ruling structures of certain states. This is why security services in totalitarian regimes, in t name of protecting "national security", have violated human rights. Due to their specific role within national security systems, security services restri certain rights of certain individuals and organisations even in democratic societies. However, democratic societies are characterised by the fact that security services operate strictly within the law and that such violations are minimal. In other words, in democratic states, security services violate some civil rights in order to protect the key sections of national security, democratic society, and community rights. (SOI : SOEU: S. 150)

In many countries the violations of human rights and the deterioration of democracy are a direct consequence of the inability of the civilian government to control their military and security forces. The military are a part of society and as such should be constantly monitored by the civilian, political authorities. This control must be regular and efficient and not defective or faulty. The civilian control of the military in the USA was enacted by the Constitution of 1789. The initiative "Partnership for Peace" has the central role in the transformation of the armed forces in the transitional countries, and the civilian control of the army is the prerequisite for bolstering and giving a boost to democracy. The analysis of the political and defence system of the Republic of Croatia definitely indicates that in Croatia, even at this stage, there is an efficient control of its armed forces (SOI : PM: S. 127)

By "collective" human rights we understand the ones that belong to a collective. We should distinguish the individual rights which can be exercised only collectively (suffrage). The demands for "collective" human rights lead to misconceptions and explanatory problems since the universal, egalitarian, and categorical postulate of human rights cannot be equally valid for collectives and individuals. Thus, the protection of minorities' interests can be solely procured by adopting a restricted definition of individual human rights which necessitates more and better respected social human rights. In some cases, collective rights were designed to protect endangered minorities but were justified by means of equalizing fairness. However, such collective rights are not possible at the level of human rights: they are regulated by special by-laws at the state level. Thus, they are restricted by the requirement that they do not violate individual human rights. (SOI : SOEU: S. 48)

In today's world, marked by an increasing interdependence, national security is becoming a component of international security, which is not a mere sum of individual national securities, but a permanent international framework of universally acceptable values. Interethnic relations today are central for a state's security, as well as for international order. There is the question whether the international system must guarantee individual and collective security of ethnic groups/minorities, regardless of the state they live in. Today, human and minority rights have become an important institutionalized international factor of security and stability and a concern of the entire international community, despite the fact that many states still claim that minority policy is their internal problem into which international community has no right to interfere. The affirmation of the rationalist approach to contemporary security implies that the responsibility for guaranteeing security lies not only on individual states and unions but also on the international system as a whole. (SOI : PM: S. 35)

Due to the war in Bosnia and Hercegovina, the study of international migration imposed itself, embracing the study of the migrations of the peoples of the former Yugoslavia and the problems of emigrants from the former easteuropean states. The existing connection between the problem of emigrants and displaced persons human rights, armed conflicts, undevelopment and immigration, are studied within a broader aspect, sufficient for conclusions. The data from various stands point to certain differences among the emigrants from Central Europe, the territory of the former Yugoslavia and Russia. (SOI : PM: S. 73)

The Croatian Constitution belongs into the category of pioneer constitutions in the Eastern European countries and its content-related achievement cannot be appraised outside the context in which it has been merged. Unlike some other Eastern European constitutions, it does not include the context of transitional experience. Consequently, the author analyzes the 1991 Croatian Constitution via several foci of comparison: The Preamble culture in the introductory article, Basic provisions and fundamental values provision, fundamental human rights, constitutional court, and others. In the conclusion, the author claims that the Croatian Constiuition is a solid foundation for developing today's type of constitutional state. (SOI : PM: S. 55)

A democratic state's constitution ought to guarantee basic personal, political, economic, social, cultural and ecological rights and freedoms of individuals and citizens and shape an efficient system of legal and juridical protection of all the guaranteed human rights. The Republic of Croatia, since its Constitution of 22 December 1990, has undoubtedly been a democratic constitutional state. The Croatian Constitution is an example of the adoption of the constitutional option in the establishment of the constitutional regime. After seven years of its application, it is clear that there is something controversial in its content regarding the fundamental rights and freedoms of individuals and citizens as well as in their legal protection at the constitutional/legal level. Also contentious are the constitutional provisions regarding the structure of the government and local self-rule and administration. There have been many misunderstandings and dangerous constitutional/legal and constitutionallpolitical illusions regarding this matter, particularly concerning the Croatian semi-presidential system and parliamentarism. This analysis shows that semipresidential system, as a specific variant of parliamentary government, is extremely adaptable to all possible changes in both the party and the broader political setting. (SOI : PM: S. 120)

The author analyses political, philosophical, ethical and legal implications o the trial in which, in August of 1997, some former members of the Politburo of the United Socialist Party of the former Democratic Republic of Germany were sentenced to prison terms after they had been found guilty for the murders committed by the East German border patrols when trying to prevent people from fleeing to the West. The legal grounds for such a sentence is dubious, not only because it runs counter to the ban on the retroactive enforcement of legal provisions but also because it presupposes the universal validity of the western concept of human rights. If the intention was to react legally to what, from the Western point of view were unpardonable acts during the communist reign, then the most prominent representatives of that system should have been - in accordance with wartime law - treated as the enemies defeated in a (cold) war. (SOI : PM: S. 77)