We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
The article deals with legally binding and non binding acts of the Council of Europe regulating the area of administrative sanctions and related case-law of the European Court of Human Rights. Emphasis is placed on the relevant articles of the Convention and content of the resolutions and recommendations of the Council of Europe Committee of Ministers.
More...
The Council of Europe is the first organization with a serious commitment to human rights protection in Europe. It can use various human rights mechanisms, such as judicial, political and legal mechanisms. While the judicial mechanism is the ECtHR, other monitoring mechanisms exist such as the ECHR, the European Committee for the Prevention of Torture (CPT), the European Committee of Social Rights etc. the need for going further with the protection of minorities brought the decision for a Framework Convention which contains mostly program type provisions setting out objectives which the states undertake to follow. The Framework Convention is tied with a dynamic monitoring mechanism aiming to promote constructive dialogue with all concerned parties. These mechanisms are consisted of country visits as well as drafting of specific opinions by independent experts of the Advisory Committee. These form the basis for the Committee of Ministers' conclusions and recommendations. Considering this, what should be improved in the process of monitoring and where are the shortcomings, while there is an implementation gap of its provisions.
More...
(Public) morals is a specific example of a general clause that bridges the gap between legal norms and a wide array of non-legal rules. The indeterminacy of this clause allows the standard of morals to be construed with due consideration for various criteria, values, principles and local circumstances. At the same time, in a culturally diverse society, difficulties in translating ethical issues into the legal language come to light. Consequently, we have both national and international legislation in which the premise of (public) morals is the legitimate objective/aim for restricting certain freedoms and rights. In turn, judicial bodies such as the European Court of Human Rights, as described in this paper, encounter problems in interpretation and the need to use different interpretative methods to give the right meaning to this concept.
More...
The subject of the article is the transformation of the idea of natural law into the idea of natural rights, which took place in Europe between Greek and Roman Antiquity and the 17th century, the last stage of this process was the origin of the idea human rights in the 18th century. The author focuses on the most important aspects of this evolution: the transition from the understanding of law as a rational order to its conception as an expression of will, giving up the justification of law by human natural goals and taking up its justification by human desires. Finally, the author refers to the conception of Hannah Arendt, who argued that the identification of the source of political order with subjective rights, understood as pre-political, leads to the destabilization of the political sphere and the identification of authority with violence. The result is the extinction of individuality, which took place in totalitarian regimes.
More...
Human rights are an integral part of an open society and a democratic state governed by the rule of law. Among them, the right to a legal identity occupies an important place, however, ensuring its proper implementation in today's difficult conditions of war conflicts has not been an easy task. Not surprisingly, the necessity to provide a legal identity for all, including birth registration, is among the global goals of sustainable development, as this helps a person`s recognition before the law and protection of their rights, any of which may be violated unnoticed (right to a health care, education and others). Proper registration of a person's death also ensures that the rights of that person's heirs can be exercised. In this article, we examine the Ukrainian experience when ensuring the right of a person to birth and death registration through special civil proceedings. In the conclusions we justify a new approach to protecting the right to a legal identity and the method of its implementation within court procedure, in particular, in military conflicts, residence or permanent stay in temporarily occupied territories, etc. territories in which there are no legitimate public authorities.
More...
In the text, we deal with the changes that have occurred over the centuries in the meaning of rights. We are also interested in changing the role assigned to duties correlated with rights and to justice. Starting from the early sense of rights as an object of justice, we move on to a modern subjective understanding of them. We claim that the consequence of the described transformation is a change in the structure of the justification of rights. We mean here that rights, originally justified by the rules of justice and equivalent to duties, have become independent of justice, and even that justice has come to be understood as the rule of realizing benefits (i.e. substantive rights) that are autonomous in content.
More...
This article illuminates the evolutionary path of the concept of national human rights institutions (NHRIs). Today, NHRIs are present in over a hundred countries around the world, with special status in the United Nations system. However, only a small amount of literature has dealt with what led to such a development. This article aims to fill that gap, especially in Serbian and regional literature. Therefore, it critically considers the key phases of the development of the NHRI concept, namely, from the adoption of the Geneva Guidelines in 1978 to the adoption of the Paris Principles in 1991 and their later embedding in the UN system through the decisions of UN bodies. Special attention is given to the models of NHRIs and the accreditation procedures of these institutions, which are unique in the UN system.
More...
In the present study it is analyzed the possibility of applicability in the judicial practice of the Republic of Moldova of the „Namibia Exception”, exception which in the present case seeks to provide that the non-recognition of the status of separatist region for Transnistria leads not only to the existence of some negative consequences for a self-proclaimed regime, but also for its inhabitants, who can continue to enjoy the rights inherent to the human being. At the same time, the practice of E.C.H.R. regarding the legal protection of human rights in similar military regions, the role of the authorities that have control over the de facto entity, as well as the limits of legal protection is subject to analysis.
More...
Rights are certain basic opportunities necessary for a dignified and free human existence and development. At the same time, these are the demands of a person, about which he justly declares. Human rights are natural, that is, determined by his human essence, and not by belonging to citizenship, a certain ethnic, religious or other group. Accordingly, the state cannot act as a source of rights, but is obliged to recognize and guarantee them. Rights are inalienable and inalienable, that is, they cannot be taken away and a person cannot renounce them by himself. Human rights are different in meaning. They can be absolute or almost absolute (relative). Fundamental human rights are rights guaranteed to a specific country by its constitution or other laws. They may include rights that are recognized as universal human rights, but may also include other rights that reflect the specific needs and requirements of a country. Human rights and fundamental human rights are basically the same rights, but they can be used depending on the context and country. Hence, the difference between human rights and fundamental human rights is that the former are universal and guaranteed to every person everywhere, while the latter may include additional rights that reflect the specific needs and requirements of a country. As for active and passive rights, then: active rights are rights that give a person the opportunity to perform certain actions and demand their performance from other persons or organizations, passive rights are rights that protect a person from illegal actions of other persons or organizations.
More...
There is no doubt that water, or as it is often called, “blue gold”, is our elementary need or basic necessity. Without water, life and an adequate quality of life are unimaginable; together with air, water is one of our most important global resources. Albeit the protection of the right to water was only developed in the last century, its formal and essential elements and its place in the system of basic human rights have undergone significant development, its content is currently expanding, and its relationship with the rest of the basic human rights is sometimes still controversial. International law has been dealing with the right to water since the second half of the 20th century, but in the last couple of decades, in addition to environmental protection and nature protection law, other areas of law, such as constitutional law, have also shown interest to the right to water. Many countries have raised the right to water to a constitutional level, thereby emphasizing the importance and need for a constitutional protection of the right to water.
More...
Artificial Intelligence (AI) constitutes one of the most fundamental pillars for the implementation of the EU Digital Agenda. It corresponds to the tremendous ongoing technological evolution which is marked by the spread of the digitalization in both private and public sector. AI tools provide numerous services, such as faster decisionmaking, performance of multiple tasks and repetitive jobs on our behalf and diagnosis of risky situations. This paper puts a special emphasis on the ChatGPT which is considered the most illustrative representative of the current AI technology. Within a minimal time of its existence this innovative viral chatbot has started to dominate the world of AI. However, its use raises serious legal and ethical risks for our privacy and protection of fundamental rights and freedoms, born by the lack of a binding regulatory framework governing AI. Therefore, at first level, this study focuses on the legal regime which governs the use of ChatGPT, by interpreting the legal status, after giving a short demonstration of its function and services (Section I). Secondly, a critical approach will be pursued focusing on special issues regarding this new AI tool on the basis of its application in practice at the area of journalism (Section II). Following that intense analysis, the paper aims to lead to fruitful and original conclusions with the ultimate goal to enhance the establishment of a powerful, safe and trustful digital environment.
More...
The primacy of artificial intelligence (AI) in education has become increasingly relevant in recent times, aiming to facilitate the easier acquisition of material. There is a growing emphasis on the implementation of AI and the search for ways to incorporate it into everyday work. However, this story brings into play ethical, copyright, and many other rights. The text discusses the growing role of artificial intelligence (AI) in education, emphasizing its potential benefits and ethical challenges. It explores the use of models like Generative Pre-trained Transformer (GPT) to enhance learning processes, yet highlights concerns related to transparency and ethics.
More...
The spread and danger of the Covid-19 virus in 2020 demonstrated how unprepared states were for such threats. Each state took measures it believed to be adequate at the time to protect its population. In the Republic of Serbia, numerous measures were implemented after a state of emergency was declared in March, to prevent the spread of the virus. Many of these measures led to derogations of various human rights. However, even in extreme situations like a state of emergency, derogating human rights should meet the requirements of necessity, and proportionality. This paper examines the state of certain human rights, namely the right to information and freedom of peaceful assembly during the state of emergency in the Republic of Serbia. The analysis aims to determine whether there was a derogation of these rights or rather their gross violation. In this way, the paper seeks to provide specific lessons about human rights that every citizen can draw after the Covid-19 virus pandemic in the Republic of Serbia.
More...
