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PROMOTING AND RESPECTING THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS, REGARDLESS OF RACE, GENDER, LANGUAGE, RELIGION, IS THE BASIC CONDITION OF THE EXISTENCE OF SOCIETIES AND GLOBAL COOPERATION BETWEEN THEM, BY SOLVING INTERNATIONAL ECONOMIC, SOCIAL, CULTURAL AND HUMANITARIAN PROBLEMS.
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Podle moderní koncepce lidských práv existuje aktivní subjekt, který může svá práva uplatňovat na vnitrostátní či případně také na mezinárodní úrovni. Tomu odpovídá na druhé straně pasivní subjekt, jehož povinností je realizovat zaručená práva. Dalším nutným prvkem koncepce lidských práv je objekt, tzn. konkrétní obsah práva resp. povinnosti. Klíčové postavení v tomto modelu přísluší jednotlivci, protože ochrana jeho důstojnosti determinuje celý kontext právního řádu. Rozsah chráněného a autonomního prostoru jednotlivce je proto třeba od začátku přesně vymezit vůči legitimním zájmům státu. Musí vzniknout co nejpřesnější představa o tom, do kterých záležitostí může stát zasahovat anebo v jaké míře mohou být zájmy státu či zájmy sociálnich skupin na úkor postavení jednotlivce zohledňovány.
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Ústředním bodem mého výkladu je otázka, z jakého "obrazu" člověka vychází jednotlivé koncepce sociální a právní filozofie. Výběr takového "obrazu" má rozhodující vliv na výstavbu jakýchkoliv právních, sociálních či politických teorií. Každá doba nebo dějinné období přicházelo s požadavkem správného a navždy platného obrazu člověka. Nicméně tyto obrazy jsou dějinně determinovány a platí vždy pouze pro určité období. Vzhledem k této historicky podmíněné pluralitě "koncepcí o člověku" se musíme tázat, jestli existuje nějaký univerzální "obraz", který by mohl být přijat obecně. Jak by mohl být zdůvodněn? Můžeme vůbec najít odpověď na otázku, co je to lidská bytost? Tato otázka však již nemá jen historický rozměr, ale i velkou aktuální důležitost.
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This short contribution deals with some aspects that should not be neglected and briefly mentions the achievements of the project from the point of view of an Aliens Police representative as well as his personal opinion.
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In this article, the author is trying to look for the theoretical sources of the idea of human rights in the history of legal philosophy. He starts from the conviction about the importance of the human rights theory for their practice. He is then arguing with the conception of the "conflict-free" development of the idea of human rights in the history of the legal philosophy. He tries to describe the difference between the "open" and "closed" natural law theories. He comes to the conclusion that the human rights are asserted in the best way, when they are based (even if tacitly) on the "open" natural law theory. Guaranting the freedom of conscience and thought as the primary rights and excluding the basic rights from the disposition of the state and the "sovereign" are another necessary conditions for maintaining their sense.
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As sets of values, human rights and peace can be treated as complementary, totally separate, or opposed. Most frequently, there is the tendency to grade them as higher or lower, more or less desirable values. This affects political programs, nationally and internationally. For a long while the predominance of peace over human rights, and vice versa, was characteristic of the East-West and North-South divide. However, except in the most radical circles, there is agreement that peace and human rights are important values. Peace can also be expressed as a right. The collective right to peace was promulgated in 1984 by the UN General Assembly in its Declaration on the Right of Peoples to Peace. This poorly prepared and hastily written document was adopted by an unconvincing majority and has had no discernible legal effects. More meaningful are those individual rights that help promote and preserve peace and prevent war. Human rights are a component of peace, at least for those who insist on a meaningfill, positive concept of peace. If kept apart, peace and human rights, are in a causal relationship: the observance of human rights increases the probability of peace, and vice versa.
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The „Compassionate Summer“ scheme, which ran in the Czech Republic from 28 October 2021 to 28 January 2022 allowed for exemption from debt recovery proceedings for those who had incurred debts with public institutions (and certain private entities that voluntarily joined the scheme). The government of the Czech Republic is currently preparing the second and, supposedly, final stage of the scheme, which is due to run in the autumn of 2022. The Social Policy Forum journal presents a survey that has been designed to evaluate the first phase of the debt relief scheme, to formulate recommendations for its continuation and to position the issue in the broader social, economic and socio-political context. The editorial staff consulted a number of sociologists, economists, lawyers and other relevant actors when preparing the survey. We provide a total of 15 survey questions and plan to address this topic in future issues of the Social Policy Forum journal.
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Universalisation is one of the key problems of human rights theory since implementing the idea implies difficulties in terms of conception of man, of the way of expressing his essence and of articulating it from the viewpoint of law. Unification is not universalisation, since an individual possesses universality as a potential, which, in final analysis, is a recognition by another man. Universalisation is not achieved through raising the level of generalisation either. Significant in contemporary world is the change of context of putting universality as a problem. Language, first of all, has established a special kind of mutuality transgressing traditional forms of interpersonal relations. Therefor, one of the greatest problems of communication is found in the conception of similarities and differences between people. One is not so sure that human rights too, have solved the questions of communities, while not, at the same time, being liable to the objection of collectivism. In a way, universalisation requires that basic issues be raised transculturally and that cultural difference be treated rather seriously. The problem of universalisation is also a specific method, a logic of wish and, in the final analysis, striving for a better self.
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The subject matter of the present study is the problem of relations between legal duties of physician toward a terminal patient and the latter’s right to decide on his (her) own life and body, namely death. Relevant issue is the intellectual capacity of the patient to accept, namely to refuse, medical treatment aiming at maintaining his (her) life functions. This corresponds to physician’s duty to inform the patient on forms and risks of treatment. Further discussed are the ethical and legal rules governing medical and legal professional practice in reaching a decision as to use, suspending or failing to apply specific treatment of a dying patient.
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Special regime of protection of human rights in emergency situations, based on international treaties and other documents, is at present formulated as an entirety also in the .Minimuin. standard norms on human rights in emergency situations, adopted at the 61st ILA Conference in Paris, in 1988. These rules are not applied consistently in the legislation and practice of various states. Rather frequently the obligations are also neglected regarding inalienable rights of man. As far as emergency situations are con- i. çerned the things are happening after the model of disregarding realisation and protection of human rights in general. Obligations undertaken are not incorporated into national legislation, while in practice there are many departures from the relevant international rules. This is why the state of affairs in the sphere of protection of human rights in emergency situations provokes great concern. International community is thus faced with the urgent task to request from its members the change of attitude in this matter, characterized by particular powers of the authorities. This activity is visible already in the practice of the UN Human Rights Committee, and of other institutions, so that their experiences should be extended elsewhere. If the word of democracy is the goal of everyone, the basic prerequisite for this should be an impartial and consistent approach to the matter of protection of human rights in all situations.
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The article is an elaboration of issues relatiing to various aspects of artificial conception, and of legal status of the foetus-according to the law on marriage and family relations of Serbia and of other Yugoslav republics, as well as, more particularly, relating to the International Convention on the Rights of Child, of 1989. The author points at the fact according to which the prohibition of inquiry into the paternity of child, conceived artificially by using donor’s semen, introduces a new kind of discrimination between children through the way of conception. The following questions are put by the author in order to find out which interest shold be protected in régula tiong the above matters, namely: whether the interest of sterile spouses (both married and out-of-wedlock), or, perhaps, even that of an individual wanting to become a parent in that way, then, whether such protection should include the interest that relevant data should stay professional secret, or the prevailing interest should be that of the child who should be entitled to know of its origin. The author considers that the above International Convention does not solve the problem of discrimination of out-of-wedlock children, either, as compared to those bom in marriage; that conclusion applies also to the problem of discrimination between children by way of their conception.
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The principle of non-discrimination is one of the basic elements of international human rights law. There is some divergence as to the grounds on which discrimination is absolutely prohibited. The International Covenant on civil and Political Rights of 1966 prohibits discrimination in very certain terms and offers a wide list of grounds which cannot serve as a basis for discrimination in granting and securing human rights and freedoms. In the most relevant articles (2, para. 1,3, and 26) the forbidden grounds are race, colour, sex, language, religion, political and other opinion, national or social origin, property, birth or »other status’. Besides the quoted articles, CCPR refers to non - discrimination in other places. The principle of non-discrimination permeates the Covenant and has been deemed to be of paramount importance by its supervisory organ, the Human Rights Committee. This body has understood it as differentiation based on criteria that are not reasonable and objective, which has die purpose or effect or nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms. The principle applies to the enjoyment of the rights, as well as to permitted restrictions of certain rights, otherwise warranted by the same Covenant in certain circumstances and for valid reasons. In spite of strong opposition the Committee established that the rule of non-discrimination, contained in Art. 26 of CCPR, although an integral part of a treaty on civil and political rights, was of general value. It can be considered that by now the right not to be discriminated against for unjustified reasons has become in itself a civil right, irrespective of the nature of the right which happens to be denied on a discriminatory basis.
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The right to liberty and security of persons, as well as individual’s absolute right not to be ill-treated or sent to the territory of the State where one would face such risk, represent a cornerstone of refugee and migrant protection at all border crossings. However, regardless of the migration status of a foreigner arriving at the border control posts, an entire scope of human rights protects an individual from border police officers who exercise a State’s sovereignty in controlling entry, stay and expulsion from its territory. This undisputable right of the State is not an absolute one, and it has to be performed in line with the international human rights law, but also international refugee law. Inspired by the case of Novak Đoković, this paper deals with the legal status of foreigners who have been refused entry and detained at the airport transit zones. The practice at Belgrade airport will serve as a case study. The status of foreigners at the transit zone of the Nikola Tesla airport will be examined from the perspective of the right to liberty and security and the standards which arose from the practice of the European Court of Human Rights.
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This is an analysis of the significance of general requirements specified by the Europen Human Rights Convention in prescribing the restrictions of the right to personal and family life, residing and correspondence. These general requirements, as provided in Art. 8, para. 2 of the Convention, refer to the necessity of prescribing restricitons in accordance with law, and to the requirement that such restrictions be indispensable in a democratic society. Both requirements should be incorporated into national frameworks when prescribed in corresponding national enactments. Their meaning is developed through tire practice of the European Court for the Protection of Human Rights in Starsbourg. The author elaborates the levelof fulfilment of general requirements in prescribing the restrictions mentioned above in relevant federal and republic (Serbian) constitututional, legislative and other regulations — from the point of view of the need for Yugoslavia to be integrated into Europe and to ratify as soon as possible the European Convention.
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The most frequent discrimination in the Republic of Croatia is based on national and ethnic origin. The paper analyzes the judgments of the European Court of Human Rights for discrimination against Roma. Errors in the conduct of the competent state authorities, as well as instructions on how to proceed, are presented in order to emphasize the obligation and importance of familiarity with the case law which is as binding as the European Convention for the Protection of Human Rights and Fundamental Freedoms. Knowledge of this practice, i.e. interpretation and consistent application, would result in adequate implementation of positive anti-discrimination law, greater trust of citizens in government, especially the judicial system, more frequent reporting, and greater respect for non-discrimination.
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As one of the most important technological inventions, the internet has significant implications for human rights. These implications can be useful in terms of ensuring the protection of human rights. However, at the same time, advances in technical innovations raise major concerns about the possible influence on human rights. Concerning this fact, an additional challenge is referring to the question of whether is it necessary to address access to the internet as a human right. In 2011, the United Nations viewed internet access through the prism of human rights for the first time when the Human Rights Council adopted the Special Rapporteur's Report on the Promotion and Protection of the Right to Freedom of Opinion and Expression. Since that moment, there has been an ongoing debate about whether we are witnessing the process of the recognition and operationalization of a new human right. Is the right to access the internet an autonomous right or it could be seen only as a part of existing human rights, primarily, in respect of freedom of expression? The paper will contribute to the ongoing discussion by providing analysis and insights into the main features related to the human rights approach to internet access with the special attention devoted to the framework of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The scope of the paper is to clarify whether the right to internet access can be assessed regarding effective protection primarily in front of the European Court of Human Rights.
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