Društveno politički uslovi za ostvarivanje ljudskih prava

Author(s): / Language(s): Serbian Issue: 1/2020

Godinama unazad društveno politički uslovi za ostvarivanje ljudskih prava su sve nepovoljniji. Veoma loša ekonomska situacija u zemlji u kojoj veliki broj ljudi živi na ivici siromaštva i u kojoj su kriminal i korupcija uobičajena društvena pojava, populistička retorika koja je postala osnov i svrha političkog delovanja usled nesposobnosti političkih elita da ponude odgovore na suštinska pitanja u zemlji koja je, čini se, u „večitoj“ tranziciji, učinili su Srbiju društvenom zajednicom u kojoj su stereotipi i predrasude široko rasprostranjeni, u kojoj je socijalna distanca prema određenim društvenim grupama veoma izražena. U potpuno politizovanom društvu, javni diskurs, zarad prikupljanja jeftinih političkih poena, postao je preplavljen govorom mržnje.

LJUDSKA PRAVA U PRAVNOM SISTEMU SRBIJE

Author(s): / Language(s): Serbian Issue: 1/2020

Srbiju obavezuju svi najvažniji univerzalni međunarodni ugovori o ljudskim pravima. Od konvencija o ljudskim pravima usvojenim pod okriljem UN Srbija nije ratifikovala još samo Konvenciju o pravima radnika migranata, iako ju je potpisala još 2004. godine. Srbija je takođe ratifikovala Dopunski protokol uz Ženevske konvencije od 12. avgusta 1949. o usvajanju dodatnog znaka raspoznavanja (Protokol III), Konvenciju o očuvanju nematerijalnog kulturnog nasleđa, Konvenciju o zaštiti ljudskih prava i dostojanstva ljudskog bića u pogledu primene biologije i medicine: Konvencija o ljudskim pravima i biomedicini.

POSEBNA PRAVA

Author(s): / Language(s): Serbian Issue: 1/2020

Republika Srbija je ugovornica svih najvažnijih međunarodnih ugovora koji zabranjuju mučenje, nečovečno ili ponižavajuće postupanje i kažnjavanje. Prema tome, pravni okvir, praksa i napredak u oblasti poštovanja apsolutne zabrane zlostavljanja izloženi su periodičnoj kontroli univerzalnih i regionalnih tela za zaštitu ljudskih prava.

LJUDSKA PRAVA U PRIMENI – ODABRANE TEME

Author(s): / Language(s): Serbian Issue: 1/2020

Predsednik Srbije raspisao je 4. marta redovne parlamentarne izbore za 26. april, a predsednica Narodne skupštine lokalne izbore za isti datum. Pokrajinski izbori u AP Vojvodini raspisani su takođe za taj dan. Izborni proces 2020. godine prekinut je epidemijom COVID-19 i uvođenjem vanrednog stanja tako da su sve izborne aktivnosti i rad izborne administracije zvanično bili prekinuti gotovo 2 meseca dok je u praksi kampanja trajala i za vreme epidemije. Preventivne mere u cilju daljeg širenja epidemije koje su ostale na snazi i nakon ukidanja vanrednog stanja, uključujući ograničenja javnih okupljanja, smanjile su intenzitet aktivnosti uobičajenih za izbornu kampanju koja je zbog bojkota jednog dela opozicije već bila manjeg obima nego uobičajeno.

MENTAL HEALTH LEGISLATION THROUGH HISTORY AND CHALLENGES IN IMPLEMENTING ARTICLE 14 OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

Author(s): Marissabell Škorić,Sandra Fabijanić Gagro / Language(s): English Issue: 4/2020

The paper is divided into two parts to facilitate a clearer understanding of all aspects of the change in the position of people with psychosocial disabilities, regarding the right to liberty and security, through the historical development of national and international legal frameworks. The first part briefly presents an overview of national legislation on the protection of persons with psychosocial disabilities and the circumstances in which states adopted the Convention on the Rights of Persons with Disabilities earlier this century. The second part of the paper underscores the challenges the States Parties face in the implementation of Article 14 of the Convention. The State Parties’ reports show that the processes of changing the perceptions of persons with psychosocial disabilities, when it comes to their involuntary detention, have been changing quite slowly and partially and that the realisation of their human rights is one of the Convention’s greatest challenges.

ABERANTA JUSTIȚIE RESTAURATIVĂ NAȘTE MONȘTRI

Author(s): Marin Covlea / Language(s): Romanian Issue: 45/2021

Is there a restorative justice!? A justice of the criminal’s reconciliation with the victim, of the law with the lawlessness, of the war with peace, of the extremes that are excluded? A justice that turns back time, revives the dead and exonerates the killer of the responsibility of his deed? Est modus in rebus, sunt certi denique fines...

DREPTUL INTERNAȚIONAL ȘI „ORDINEA CARTEI ONU” DIN PRISMA PROVOCĂRILOR TEHNOLOGIILOR 5G ȘI A „DICTATULUI PIEȚEI LIBERE”. RISCURI DE SECURITATE PRIVIND REGIUNEA MĂRII NEGRE

Author(s): Mădălina Virginia Antonescu / Language(s): Romanian Issue: 45/2021

Our study explores 5G technologies from the perspective of their inner nature of military technologies, implicitly recognized by states (once they are referring to them as ”endangering essential security components” and invoking qualities of ”strategic alliances” members), surpassing thus, a private or commercial approach of that issue. 5G technologies are in fact, military technologies introduced into the international trade under the qualification of ” commercial products/services”, due to an ultra-liberal, absolutized interpretation (based on free trade principle) of WTO rules and by using the absence of a regional/international convention of express prohibition regarding 5G technologies and their extraction from the international commercial flux (as result of their definition as ”military technologies”, as ”weapons of mass destruction”). Beside the fact they are representing the greatest challenge of XXIst century (electromagnetic pollution, electro-smog, with direct effect on strategic resources of states and actors proposing themselves to affirm as ”green powers” into the XXIst century, on their biodiversity, on their flora and fauna, and generally, on organic life), 5G technologies are producing a direct security risk towards populations and strategic objectives, territory and sovereignty of targeted-states or regarding states used for positioning 5G equipments and installations. From the regional perspective (Black Sea, for example), 5G technologies are creating an imminent and direct risk of increasing regional tensions, due to the implicit recognition of their military nature, involved by their installation on the territory of some states, qualified from this perspective (mixed with the commercial one) as ”strategic partners” - a situation generating the perception for other regional powers (as Russia, Turkey, China) that are players at the Black Sea, that 5G installations are representing an expansion/a double presence of military basis, one of new type, specific to the electromagnetic and informational war. As consequence, the balance of security at the Black Sea region is changing in ways insufficiently explored, the balance of security in Europe is also, changing (as a territory with many great players with different regional interests), the UN Charter order is also changing, as put under discussion by this ultra-liberal interpretation of free market and free trade, allowing to the military technologies equipments and networks (as 5G) to expand and penetrate anywhere under the qualification of ”commercial services/products”. The international order itself, from the WWII until now, is changing, because the mutation of the international system and the establishment of the new hegemony for the entire XXIst century are not happening anymore under the classic rules of declaring and operating wars, but through non-conventional technologies, strategies and wars (5G war, as electromagnetic and informational type of war that begun, in our opinion, through re-arrangement of the players in the Black Sea region, where we find great powers perceiving themselves as affected/targeted by new strategies of containment, ”caught” in networks of ”strategic states” under the control of 5G companies with a similar role of classic positions of military basis).Therefore, we should take into account the creation of an imminent ”hot spot” profile for the Black Sea region, as an area traditionally featured by fragility of its regional security system -through strategic containment of regional powers as Russia or Turkey, made by other actors.

Úloha Evropského parlamentu při prosazování lidských práv ve společné obchodní politice

Author(s): Ondřej Svoboda / Language(s): Czech Issue: 1/2021

The Common commercial policy of the European Union has been changing its nature after the adoption of the Lisbon Treaty as the protection of human rights is today its important dimension. There are several reasons for this development and the expanding role of the European Parliament is undoubtedly one of them. This article aims to assess and demonstrate the European Parliament’s role on the basis of several specific case-studies in the area of negotiations of free trade agreements, the Generalised System of Preferences, and the debate on responsible business conduct of multinational enterprises. It comes to the conclusion that the European Parliament has become an influential actor in the Common commercial policy advocating for the use of trade instruments to promote human rights abroad.

THE ECONOMIC AND SOCIAL CONSEQUENCES OF THE INCREASE IN THE NUMBER OF EMPLOYEES WORKING, AS AN EFFECT OF THE CORONAVIRUS PANDEMIC, IN THE TELEWORK REGIME IN ROMANIA

Author(s): Dan Ţop / Language(s): English Issue: 3 (52)/2021

The coronavirus pandemic accelerated the transition to online by 5 years.Although the IT industry has exploded in the last 20 years, Romania is still at the bottom of theEuropean ranking on digitization, ranking 26th out of 28 countries. In Romania only in 2020 theRomanian Digitization Authority (ADR) was established. and a ministry of research anddigitization has been set up and some interesting provisions appear in the government program,such as the introduction of informatics in primary classes. Statistics show that only 9.2 percentof jobs with earnings below the average wage in the economy could be done in telework. It isnow more difficult to assume that there will ever be a return to normalcy, especially since therestrictive measures imposed over a longer period of time lead to changes in human behaviorin such a way that it is impossible to predict to what extent once. what the crisis

TOWARDS A LABOR RIGHT WITH A HUMAN FACE

Author(s): Birenbaum Alberto Chartzman / Language(s): English Issue: 3 (52)/2021

There can be no development without human rights, just as there are nohuman rights without development. Furthermore, peace and security are essential fordevelopment and respect for human rights. A phrase that sums up and frames very well whatthe 2030 Agenda means: a roadmap to the world that we want and that we are alreadybuilding. To help stabilize an economic model in democracy that puts the human person atthe center and promotes social inclusion must create conditions that allow decent work. Thechallenges posed by globalization need human faces for world, regional and nationaldevelopment, through the reaffirmation of essential and universal values. In this context, workconstitutes an ethical value, a decisive and determining factor for production. From thispremise arises the right to work as a source of personal dignity, family stability andconsolidation of social cohesion. It synthesizes the aspirations of people during their workinglife. It means the opportunity to access a productive job that generates a fair income, securityin the workplace and social protection for families; better prospects for personal developmentand social integration, and equal opportunities and treatment for women and men. DecentWork, that ethical-evaluative assessment designed by the ILO in the 90s at the 89th annualmeeting, today in 2021 is still a search paradigm. We are convinced that the worker must be thecentral axis of the system, subject to preferential guardianship. For this we need all workers torespect their fundamental labor principles and rights, enjoy a fair income, a work environmentwithout gender discrimination or of any other type, where social protection is provided.

PECULIARITIES OF GRANTING EMPLOYMENT LEAVE IN CASE OF SARS-COV-2 INFECTION UNDER ROMANIAN REGULATION. LESSONS FOR THE FUTURE

Author(s): Sorin - Alexandru Vernea / Language(s): English Issue: 3 (52)/2021

Through this paper, the author analyzes the nature of medical leave grantedunder the conditions of Emergency Ordinance no. 158/2005 on leave and social healthinsurance benefits and under Law no. 136/2020 on the establishment of measures in the fieldof public health at epidemiological and biological risk. The paper is divided into two sections,the first aimed at identifying the nature of medical leave as regulated in Romanian legislation,and the second following the particularities of medical leave granted in case of infection withSars-CoV-2. Finally, brief conclusions were drawn regarding the reliability of the regulatoryframework regarding medical leave for quarantine or isolation.

GUÍA JURÍDICA PARA MÉXICO PANDEMIA POR COVID – 19

Author(s): Oscar Samario Hernández / Language(s): Spanish Issue: 3 (52)/2021

The Pandemic of this year 2020 has revealed another reality in the presentXXI century, humanity suffers in a crisis that is increasing, the seal is that this prevailing realityis not reversible, it requires the participation of each inhabitant of this planet, but there arefactors and there will be greater damages in the lives of the human race, these are notrecoverable. Gone is a vast regional, perhaps continental, experience of a similar epidemicoutbreak; Today, on the other hand, the cost of the pandemic is expanding towards otherdistant horizons, a product of Globalization, extensive migrations, the movement of resources,materials and cultural exchange, such as education. At the financial level, the crisis of theyears 2007 – 2008 was due to investments of capital flows; Today the pandemic is a reversecrisis in which the severity occurs directly in the population

Drepturile culturale bona fide ale migranților

Author(s): Alina-Mirabela Gentimir / Language(s): Romanian Issue: 1/2021

In the general context of social transformations within the international community, the phenomenon of migration holds attention through the special impact it has on all members of the community, regardless of the nationality of those who interact at the social level. The premises of harmony between members of different national communities are represented by the cultural rights that are constantly exercised by them. Whether the right to education is taken into account, whether rights such as the right to participate in cultural life, the right to benefit from the advantages of scientific progress and its application, the right to the protection of moral and material interests resulting from one's own scientific creation are concerned, literary or artistic, the right to respect for the indispensable freedom of scientific research and artistic creation, the right to respect for the adequate standard of living, the authorities of the host states of migrants must ensure that they have the optimal conditions for effective exercise.

STATE RESPONSIBILITY FOR HUMAN RIGHT VIOLATIONS IN CASES OF TRANSBOUNDARY ENVIRONMENTAL HARM: A NEW CONCEPT OF EXTRATERRITORIALITY REGARDING THE APPLICATION OF INTERNATIONAL HUMAN RIGHTS TREATIES?

Author(s): Bojana Čučković / Language(s): English Issue: 89/2020

The paper provides an in-depth analysis of the issue of extraterritorial application of human rights treaties in the specific context of transboundary environmental harm. The classic criteria for extraterritorial jurisdiction established through the landmark judgments of the European Court of Human Rights are revisited and compared with the extensive extraterritoriality threshold introduced by the Inter-American Court of Human Rights in its 2017 advisory opinion on environment and human rights. The author examines the features, requirements and limits of the new extraterritoriality threshold which is based on the effective control over intraterritorial activities that result in extraterritorial human rights’ violations. The paper attempts to offer arguments for perceiving the new extraterritoriality threshold as a general standard of international human rights, as well as to examine whether it represents a (mis)interpretation of the duty to prevent transboundary environmental harm as a well-established rule of international environmental law. The author also discusses the prospects of expanding the application of the new jurisdictional threshold to other areas not necessarily linked to environmental degradation.

LES PRINCIPES REGISSANT L’EXPULSION DES ÉTRANGERS À LA LUMIÈRE DE LA JURISPRUDENCE DE LA CEDH, LA CIJ ET LA PRATIQUE DES ORGANES DE CONTRÔLE ONUSIENS

Author(s): Valéry Iragi Ntwali / Language(s): French Issue: 1/2021

Expulsion as a measure for the removal of foreigners from a State is governed by number of principles, which must be respected by the State having resorted to expulsion. First, we note that a State has the power to expel a foreigner from its territory, because of its sovereign power on grounds of public order, national security, or the illegal stay of the foreigner. But this expulsion is regulated by international law through a number of principles. However, the power of State in this matter is not unlimited. Thus, any decision to expel must be in accordance with the law, the State is not allowed to resort to collective expulsion, moreover, a State should only expel the foreigner to another State which is safe of origin which is safe, to prevent the foreigner from being subjected to torture.

Discrimination and Roma Identity in Serbia

Author(s): Goran Bašić,Ivana Stjelja / Language(s): English Issue: 1/2021

The paper was based on contemporary legal, sociological and anthropological literature concerning the issues of discrimination and integration of Roma, as well as on the data obtained in two research projects realised in 2020: “Research on Social Relations among Ethnic Communities in Serbia” (Institute of Social Sciences) and “Roma Equality through Increased Legal Access” (Minority Rights Group). Results of the former project were based on data collected by quantitative methods (national internet sample and field research), while those of the latter were gathered by means of qualitative methods, i.e. interviews with 42 female and 17 male respondents realised in eight focus groups. Crossing the empirical data pertaining to discrimination of the Roma citizens living in Serbia, with the legislative system which should supress and gradually eliminate all forms of discrimination, indicates the depth of the social dimension of this problem, but also the vagueness and deficiencies of the very system.

Drepturile minorității maghiare din România, de la politica „de tip vitrină” la un sistem pozitiv de păstrare și dezvoltare a identității etno-culturale

Author(s): Adrian Szelmenczi / Language(s): Romanian Issue: 2/2021

PROFESSIONAL INTEGRITY TESTING AND HUMAN RIGHTS

Author(s): Alvydas Šakočius / Language(s): English Issue: 2/2021

The aim of the study is to carry out comparative analysis of laws and regulations, covering countries, in particular Central and Eastern European countries, which use specific testing procedures to assess institutional and professional integrity. The study has shown that the integrity testing as an administrative procedure poses less risk of violating the rights and freedoms of a person when it is applied in the internal management of the organisation; it’s also helpful for ensuring the quality of staff and discipline. External, especially targeted, professional integrity tests usually have autonomous means and methods similar to covert law enforcement operations. They have to be regulated and supervised in the same manner as the criminal intelligence and prosecution procedures in order to guarantee the rights and freedoms of the persecuted under specific laws.

Business and Human Rights in Times of Global Emergencies: Comparative Perspective

Author(s): Olena Uvarova / Language(s): English Issue: 1/2020

This article provides an overview of the key principles of the state's fulfilmentt of the positive obligation to protect human rights from violations by business during the crisis caused by COVID 19: balancing the need to ensure public health and human rights protection; balancing the competing rights of non-state actors with taking into account the concept of the right to security as freedom from fear and freedom from want; implementation of the international human rights law requirement on restriction of human rights, including the derogation from international human rights obligations. The second part of the article is an overview of the results of a survey on the implementation by various countries around the world of the obligation to protect human rights from business violations during COVID 19. The purpose of the survey was to summarize the information about different countries obtained according to the proposed criteria to identify the main regulatory models that states use to fulfil their obligation to protect human rights from business violations in time of COVID 19.

VAIKO INTERESUS ATITINKANTIS TEISINGUMAS: SAMPRATA, PRIELAIDOS IR KAI KURIE PROBLEMINIAI ASPEKTAI

Author(s): Janina Stripeikienė / Language(s): Lithuanian Issue: 1/2021

This article contributes to the discourse on the relationship between justice and the rights of the child by emphasizing the need to guarantee them fully and effectively in the process of administration of justice. It presents an analysis of the current legal framework of child-friendly justice laid down in Lithuanian national law, including its constitutional basis and its application in practice, and distinguishes relevant problematic aspects, thereby analyzing the effectiveness of the legal status of a child. It is concluded that is important not only to enshrine in law the legal protection of the child as of an independent holder of substantive rights, but also to ensure the child’s right to participate in all child-related pretrial, judicial, and enforcement proceedings regardless of their age. It is emphasized that the right to be heard has to be understood not as an instrument to establish the views of the child without providing them with a precise procedural status in the law. The child should be guaranteed the right to access to court independently, and they should be represented by an independent representative. Finally, the conclusion is made that resolving the problems of the child’s right to access to court, regardless of their age, could lead to a change in the protection of the rights of the child and a more child-friendly notion of justice.