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Interkulturní boj o uznání

100%
Hrubec M.
Filosofický časopis (Philosophical Journal)
|
2009
|
vol. 57
|
issue 2
263-269
EN
This paper is a contribution to the debate on intercultural dialogue, especially among Western, Confucian, and Islamic interpretations, presented in the volume An Intercultural Dialogue on Human Rights: Western, Islamic, and Confucian Perspectives that I edi­ted last year. I stress the issue of mutual recognition among people from varying cultural backgrounds. I reply to Petr Bláha’s polemical analysis of my paper Preconditions of an Intercultural dialogue on Human Rights (which is part of the mentioned volume) and I concentrate on four themes which are the focus of Bláha’s analysis. These are, first, the topic of violence and human aggressivity, second, ahistorical explanation, third, criticism of my four models of cultural, political and other arrangements, and fourth, the macro-regional validity of the acceptance of democracy. I criticize, above all, the way Bláha gives up any attempt to solve the problems connected with violence.
2

Theoretical Reflections on Change and Human Rights in the South African Police Service: a Case for a New Theoretical Foundation‑Reciprocal Moral Dualism

80%
Roelofse C.
Internal Security
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2011
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vol. 3(1)
145-162
EN
South Africa has undergone significant political change since the first democratic election in 1994. Like Eastern Europe after democratization, there has been an increase in crime following democracy. The initial government reaction was to deny that the problem was getting out of hand. Continued public pressure brought about a change in government’s stance on crime. While the crime debate was going on a political battle within the ruling African National Congress was raging that led to the ousting of President Mbeki and the final outcome was victory for Dr Jacob Zuma. The change in presidency also brought a tougher attitude against crime. The police department known as the Department of Safety and Security was changed to the Department of Police. Very tough statements were made by politicians such as referring to criminals as “bastards’ and “shoot the bastards.” This article argues that police officers of particular upbringing may misinterpret these statements and end up in abusing human rights. The article argues for a new theoretical theory called “Reciprocal Moral Dualism” which suggests that society prepares police officers for internalised control and respect for human rights or the opposite. The fact of the matter is that what society provides in moral fibre, must be evidenced by good cop behaviour and the police must not desocialise and resocialise the new recruits with conflicting morality. The paradox is obvious. If poorly socialised individuals join the police, the chances are high that they will spread their inapt behaviour and corrupt others.
3

Right to Asylum: Short Overview of the Case-Law of the European Court of Human Rights

80%
Pūraitė A.
Internal Security
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2012
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vol. 4(2)
47-60
EN
The main aim of the article is to describe the right of people seeking asylum in Europe, which are protected under several international and regional legal documents. These legal instruments may be divided into two main groups: those dedicated to human rights and where mention of right to asylum is incidental; and those directly regulating the right to asylum and all connecting issues. Though the European Convention on Human Rights, on the other hand, was intended to provide a legal regional recognition of most of the rights set out in the Universal Declaration of Human Rights and to provide international mechanisms to police their implementation, it did not, however, contain any express provision, which guarantees the right to seek and enjoy asylum from persecution. Therefore the main question could be under what provisions asylum seekers may protect their rights in the European Court of Human Rights. Therefore the object of the research is the provisions of the European Convention on Human Rights, under which persons seeking asylum may protect their rights. The main objective of the research is to analyze the case-law of the European Court of Human Rights reflecting the implementation of provisions to protect the right to asylum. The analysis will be based on representative cases under article 3 of the Convention such as e.g. Jabari v. Turkey, H.L.R. v. France, D. v. the United Kingdom, Ahmed v. Austria, Salah Sheekh v. the Netherlands.
4

Current Development of the European Arrest Warrant: Strengthening the Procedural Rights of Requested Persons

80%
Klimek L.
Internal Security
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2013
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vol. 5(1)
35-52
EN
The European arrest warrant is operational throughout all Member States of the European Union. Despite its operational success, the surrender procedure is far from perfect. In order to strengthening the rights of requested persons in the surrender procedure, new legislative measures have been adopted. Two legislative measures have been adopted so far, namely: a Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings, strengthening the right to interpretation and translation in the surrender procedure, and a Directive 2012/13/EU on the right to information in criminal proceedings, strengthening the right to information and introducing a Letter of Rights in EAW proceedings. In addition to that, the European Commission introduced a Proposal for a Directive on the right of access to a lawyer in criminal proceedings and on the rightto communicate upon arrest. As is obvious, the paper deals with strengthening the procedural rights of requested persons under the European arrest warrant in the surrender procedure. It is divided into four sections. The first section is focused on general issues whilst the second section is focused on the right to interpretation and translation, the third section is focused on the right to information. In addition to that, the fourth section introduces knowledge in the field of the right of access to a lawyer.
5

Freedom of Individual and Its Limits in European Judicial Space

80%
Banach-Gutierrez J.
Internal Security
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2014
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vol. 6(1)
207-222
EN
This paper explores a question of freedom, as fully recognised right granted to all individualsin accordance with a rule of law, which is characteristic for the democratic societies. It indicates somelimits of freedom and aims of such application in reference to activity of individuals, taking intoaccount the right to respect for private life, protection of personal data and application of biometry.The main noticeable aspect in this respect is that freedom, as a fundamental right of individuals doesnot have its absolute character. It is limited by freedoms of other persons, for the general interestsof community, as a whole. The discussion is focused in perspective of European judicial space.A special emphasis is placed on the use of new techniques or technology of surveillance, in the fightagainst criminality The discussed question seems to be crucial with regard to the European Union(EU) security strategies in creating of the Area of Freedom, Security and Justice (AFSJ) in the interestsof the ‘European citizens’. Each individual should enjoy his right, for example to respect private rightor protection of personal data, as it is granted under CHFR. In the context of the EU law, its normsshall be adopted and applied in the interests of the ‘European citzens’. This approach seems to becompatible with a general trend in international law towards global justice for human security.
6

Principles of Multiculturality and Human Rights in Latin America – Several Observations

80%
Krysińska-Kałużna M.
Ad Americam
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2016
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issue 17
33-45
EN
This article argues that the concept of multiculturalism, which is an extremely valuable asset, may, in the context of various interpretations, serve to resolve social conflicts. However, it may also generate conflicts. Using examples from several Latin American countries, the text will present some significant elements that drive processes, in which the principles of multiculturalism may be contradictory to the ideal of multiculturalism on which were grounded.
7

Judicial Control in the Context of the Concept of Legal Policy of the Republic of Kazakhstan

80%
Kuanaliyeva G.
Internal Security
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2013
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vol. 5(1)
107-112
EN
This article is devoted to judicial control in criminal legal proceedings of the Republic of Kazakhstan in the light of the new Concept of legal policy set till 2020. In the article, the general characteristics and concept of judicial control, and also its signs and types are considered. Different views of scientists are analyzed. Foreign experience in the application of judicial control is related. The author states their point of view on this problem and gives a definition of the concept of judicial control. The code of criminal procedure of the Republic of Kazakhstan (RK Criminal Procedure Code) does not have a consolidated concept of judicial control. In the article, the author suggests making changes and additions to the existing Code of criminal procedure of the Republic of Kazakhstan through a definition of judicial control. The decree of the President of the Republic of Kazakhstan of August 24, 2009 No. 858, approved the Concept of legal policy of the Republic for the period from 2010 to 2020. The new Concept of legal policy of the Republic of Kazakhstan, defines proposals for the development of the national legal system of the country in the following decade. The concept of legal policy includes the institution of judicial control. Since Kazakhstan gained independence, a set of laws was adopted including the rights directed on providing, freedoms and legitimate interests of citizens. Certainly, in any country, however democratic it is, there are problems with human rights. But that Kazakhstan strongly intends to guarantee all Republic of Kazakhstan proclaimed in the Constitution the rights and freedoms of the citizens is obvious. Our country seeks the creation of a constitutional state, and tries to provide a guarantee from a certain arbitrariness in the activity of the competent government bodies and officials. In the Concept of legal policy of the Republic of Kazakhstan it is specified: “…priority of development of the criminal procedure right there is a further consecutive realization of the fundamental principles of the criminal legal proceedings directed on protection of the rights and freedoms of the person”. And in judicial control is also such a guarantee.
8

The Right to a Healthy and Safe Environment in the Case-Law of the European Court of Human Rights

80%
Pūraitė A., Deviatnikovaitė I.
Internal Security
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2013
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vol. 5(1)
17-34
EN
Although it seems unlikely, the environmental aspects of human rights law are not discussed as often as they should be in scientific proceedings of human rights. Nevertheless, a growing environmental caseload in international courts indicates their acknowledgement of the importance of this topic. Whilst the European Convention on Human Rights (ECHR)does not guarantee a specific right to a healthy and safe environment, the general standards deriving from it may also apply to environmental matters. The European Court of Human Rights regularly examines complaints in which individuals argue that a breach of their Convention rights is a result of adverse environmental factors. The ECHR does not itself express in an explicit manner the right to a healthy environment, but there is an indirect degree of protection inferred within the articles of the ECHR.The most frequent cases reflecting environmental issues and indirectly having an impact on claims relating to the environment protection are articles foreseeing the right to life (Article 2), the right to respect for private and family life (Article 8), the right to peaceful enjoyment of possessions and property (Protocol 1, Article 1), and the right to a fair hearing (Article 6). An important characteristic feature of the Court’s “green” cases is the position that the state has a positive obligation to impose substantive environmental quality standards on private individuals to prevent them from interfering with individual rights of others. Sometimes environmental protection may be presumed as being a legitimate object justifying the limitations of individual rights and freedoms.
9

European Court of Human Rights on Enforced Disappearances.Case-Law Study

80%
Czepek J.
Internal Security
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2013
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vol. 5(1)
7-16
EN
The issue of enforced disappearances is an important one. Both, universal and regional systems of human rights protection struggle against this particularly grave violation of several human rights. This problem had also been taken up by NGO’s dedicated to the protection of human rights and fundamental freedoms. The main aim of this article is to present the issue of enforced disappearances in judgments of the European Court of Human Rights (ECtHR). In the Court’s view, enforced disappearances constitute a violation of several rights enshrined in the European Convention on Human Rights (ECHR), such as the right to life (both in material and procedural aspects), freedom from torture (both in respect to the disappeared person and the relatives of the disappeared person), the right to liberty and security and the right to an effective remedy. The Court in its case-law has already formed an interpretation of Convention rights in respect to enforced disappearances. However, an important question arises in the case Aslakhanova and others v. Russia: Can a series of similar acts of enforced disappearances and lack of effective domestic investigation constitute a systemic violation of the Convention?
10
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Prawa człowieka w Biblii

80%
Krawczyk R.
Historia i Świat
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2012
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issue 1
149-162
EN
Religious truths are intertwined with certain historic events, expressed on these occasions or through these events. Also, all laws, rights, customs and institutions described in the Bible bear the mark of the epoch, in which they functioned or were created, but they were gradually improved and acquired theologically appropriate meanings as the Revelation developed. The paper is devoted to the problem of human rights in the Bible, which is analyzed considering the following aspects. First, the author presents a synthetic analysis of human rights contained in different national and international documents on human rights such as “Human rights conventions” and “Declarations of human rights”. (1) Then, the author presents theological interpretation of human rights contained in the Book of Genesis in the descriptions of the creation of man, which constitute the foundation of rights of man described in other books of the Bible.(2) Finally, rights of man in other selected books of the Bible are analyzed.(3) The author is of the opinion that the review and the analysis of human rights contained in different documents such as “Human rights conventions” and in the Bible will allow to perceive and recognize the specificity and uniqueness of rights of man in the Bible.
11
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Ewolucja zdrowia jako kategorii prawnej w systemie ochrony praw człowieka Rady Europy

70%
Tabaszewski R.
Studia Ełckie
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2019
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vol. 21
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issue 4
583-594
EN
The aim of the article is to show the evolution of health and its place in the Council of Europe human rights protection system. The author analyses the main legal acts: European Convention on Human Rights, European Social Charter, European Convention on Social and Medical Assistance, Medicrime Convention and many others. The author shows the evolution and approach to health of the Council of Europe institutions: Committee of Ministers, Parliamentary Assembly of the Council of Europe, European Court of Human Rights, The European Directorate for the Quality of Medicines, The Steering Committee for Human Rights. In the light of the above analysis legal protection of human right to health remains unsatisfactory. The European Convention on Human Rights does not guarantee a right to health-care or a right to be healthy. This is guaranteed, however, by other documents. From European legal perspective only an integrated approach to human right to health, taking into account both civil, political, economic, social and cultural rights, seems the most stable response to health care needs.
12

Emergency Vehicle Driving Simulator for Typical and Extreme Conditions

70%
Urban A., Gudzbeler G.
Internal Security
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2014
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vol. 6(2)
207-214
EN
Modern emergency vehicle driver training demands the employment of organizational and technical solutions whichallow training in situations typical of the tasks that they undertake. Training in fast driving is one element of this process. Availabletechnologies allow us to supplement this process with training aimed at gaining an ability to react in situations too dangerous to beimplemented on the training track. Account must be taken of vehicle failures such as tyres bursting at high speed, as well as terroristattacks, chases in urban areas with heavy traffic, and so on. The driver must be able to deal with obstacles including blockages createdby other vehicles, react to deliberate collisions and attempts at “being forced off the road”, and use the vehicle as an instrument of force.All this should be undertaken in differing weather conditions with different frictional qualities of road surface and in different areas:mountains, plains, woodland, etc. The ability to implement such training in a cost-effective and at the same time safe manner canonly be done through the use of vehicle simulators. One of the few available solutions dedicated to drivers of emergency vehicles, thattake into account the requirements outlined above, is the Emergency Vehicle Driving Simulator for Typical and Extreme Conditions.
13
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Challenges and Proposed Alternatives for EU Policy in Managing Migration from its Southern Borders.

70%
Baker D.
Studia Europejskie-Studies in European Affairs
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2016
|
vol. 1
95-118
EN
The aftermath of the Arab Spring revolutions in the Middle East and North Africa, and the ongoing instability in the southern Mediterranean region, have caused an unprecedented wave of irregular migration towards southern EU borders. The exponential increase of irregular migration, especially by smuggling boats, through the Mediterranean Sea, has led to growing numbers of deaths and human rights violations of migrants. The EU’s current migration and mobility policy towards the southern Mediterranean region is widely focused on the paradigm of securitising border control, and the externalisation of its management to the EU’s periphery member states, and to third countries. This policy frame has not succeeded in producing sustainable solutions for migratory management on the EU’s southern borders, and has been detrimental to the protection of human rights. While EU leaders are looking for solutions to decrease the pressure of migratory management experienced by its southern members, and to sway irregular migration in general, the Eurosceptic and anti-migratory political climate that prevails in many parts of the EU has made any decisions regarding migration controversial. This article will analyse the current paradigms of EU policy towards migration from the southern Mediterranean region, and discuss the alternatives and necessary adjustments that could be made to alleviate the situation.
14

Central and Eastern European National Legislation on Private Military and Security Companies — the Need for Adoption of Internationally Binding Instrument

70%
Karska E.
Internal Security
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2014
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vol. 6(1)
7-22
EN
This article deals with central and eastern European national legislation on private military and security companies.Since such companies became important actors and very often active participants, in many international and non‑internationalconflicts, it is an urgent need for more regulations in this sphere of international relations. Existing international law, and especiallyinternational humanitarian law does not define the term private military nor private security company. Consequently, there is noregulation of their participation in armed conflicts. The Author presents a clear point of view that there is a need for adoptionof internationally binding instrument since existing national legislations are neither sufficient nor effective. Additionally, existinggaps in both national and international legal regulations become the reasons of serious human rights violations. Soft lawmechanisms such as International Code of Conduct or Montreux Documents have not helped much in this matter, especially havenot assured adequate reparations for victims. This article analyses national law of such states like Romania, Bulgaria, Hungary,mentions the lack of regulations in Bosnia and Herzegovina and exceptions in European Union secondary regulations. Authorexamines materials of the Human Rights Council and Special Procedures Working Group on the use of mercenaries that provideclear definitions and reasoning in the topic of private military and security companies. Analyses of those documents bring a clearconclusion on the weak points of existing laws and the need why internationally binding instrument such as universally acceptedconvention is necessary.
15
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Discourse analysis around the issue of child labour in the Global South

70%
Zsögön C. M.
Language, Discourse & Society
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2021
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vol. 9 (1)
8
EN
The paper focuses on the impact of discourses on positioning working children in social and political agendas in a semi-peripheral region of the world system. In Latin America at least two narratives around the issue of child labour coexist. Each of them has distinct political implications and practical consequences. On the one hand, we consider the Eurocentric conception of international agencies which establish the hegemonic categories related to childhood. This eurocentric discourse may seem distant and hardly operative in Latin American context, but we highlight its relevance since it is expressed in human rights instruments that have been ratified and incorporated in our countries legal framework. On the other hand, the postcolonial narrative raises the need to establish differentiated forms of nomination to address childhood in the periphery of the world system. Although this narrative may constitute a closer approach to the reality of children in the periphery, its corollary can be seen as a defense of child labour due to “cultural factors” that contributed to its naturalization and invisibilization. Though at face value it may seem an emancipatory discourse, we suggest that it consists of a conservative one, since it tends to the reproduction of inequality in society, based on the idea that people are assigned to certain positions in the productive structure due to their socio economic background. Altogether, the analysis of the ideological implications present in the narratives around the category of child labour is necessary to account for the factors that contribute to its persistence in Latin America.
16
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Lidská práva v kontextu Global Governance

61%
Míčka R.
Studia theologica
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2014
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vol. 1
196-208
EN
This article deals with the idea of human rights in the context of the Global Governance project. It reflects the auctoritas politica mundialis concept developed in the documents of Catholic social doctrine, explores critical and favourable approaches, challenges and perspectives to the Global Governance concept, particularly in connection with the human rights agenda and presents humanrightist ideological trends.
17
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Ochrona praw człowieka i mniejszości narodowych w Kosowie – spokojnie, ale niestabilnie

61%
Sokołowska P.
Rocznik Bezpieczeństwa Międzynarodowego
|
2007
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vol. 2
381-382
18
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The EU–Turkey Agreement – What Had It Changed?

61%
Kabata M.
Studia Europejskie-Studies in European Affairs
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2018
|
vol. 1
179-196
EN
The migration flow to EU in 2015 or the so called “migration crisis” forced the EU to take rapid steps. One of them was a closer cooperation with Turkey which was the main transit country to Greece. The aim of this article is to examine the outcomes of the EU–Turkey Agreement in the context of accessions talks and effectiveness in decreasing the number of migrants arriving to Greece. One of the costs of this cooperation was supposed to be the speeding-up of both the negotiations and the visa liberalisation. However, after over a year since the Statement entered into force, this condition has not been fulfilled because of the violation of human rights in Turkey. It is reason to say that the Agreement didn’t have impact on the accession talks, but it gave Turkey a strong argument for blackmailing. The aim of the Agreement was also to decrease the number of migrants arriving to Greek islands and the fact is that it remains much lower compering to 2015, what can be considered as the effect of the Agreement even if the decreasing tendency started before announcement of the EU–Turkey Statement. But there are more factors which has to be analysed as e.g. closing the border with Syria by Turkey.
19
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Pojęcie pokoju we współczesnych wypowiedziach Urzędu Nauczycielskiego Kościoła

61%
Kochaniewicz B.
Studia Warmińskie
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2011
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issue 48
149-162
EN
The article deals with the notion of peace in contemporary documents of the Magisterium Ecclesiae. The analysis shows a significant development of theological reflection on the subject. John XXIII didn’t limit the Christian definition of peace to a lack of armed conflicts, but issues it from the mystery of creation. Paul VI ascribed the foundations of peace to social order (common good). John Paul II draws attention to the mystery of man (human heart as the place of peace) and presents peace as God’s gift. Benedict XVI underscores contemporary threats to peace in the world (poverty, ecologic crisis, religious freedom) and indicates ways of resolving those problems. The presented panorama of statements reveals a deepening of reflection on the subject of peace: from peace as God’s gift to peace as a task for which man is responsible; from a static definition of peace to its dynamic one. The very important task have the international institutions, too. They should resolve problems that prevent many people from fully enjoying peace.
20

Research-based Reflections on How the Educational, Economic and Social Circumstances Faced by Some Children and Young People Can Lead to Significant Disadvantage and Vulnerability

61%
Tucker S., Trotman D.
Social Change Review
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2016
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vol. 14
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issue 1
47-58
EN
The paper provides detailed reflections on the educational, economic and social circumstances that impact on the lives of many disadvantaged and vulnerable children and young people. Drawing largely on primary research data collected in Romania, Germany and the United Kingdom, three illustrative case studies are presented for consideration focusing on: life in residential care and youth offending institutions; experiences of educational vulnerability; and human trafficking. The methodological approach adopted across the research projects explored, was shaped by the demands and expectations of the United Nations Convention on the Rights of the Child (UNCRC). All of the reported data reflects the views of children and young people who were interviewed as part of three research projects. It is argued that the difficult and challenging circumstances that many children and young people find themselves in, place them at significant disadvantage and increased vulnerability in terms of their social and educational development and life chances.
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