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Journal articles on the topic 'Protection of rights'
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1
Dávila-Ruhaak, Sarah. "Protection of Vulnerable Communities: A Case of Coal-Ash Disaster in Puerto Rico." Michigan Journal of Environmental & Administrative Law, no. 9.2 (2020): 379. http://dx.doi.org/10.36640/mjeal.9.2.protection.
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The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the right to a healthy environment. This article argues that in order to protect vulnerable persons and communities facing environmental harm, a human rights framework—specifically the right to a healthy environment—must be applied. A human rights approach complements environmental justice work, recognizing that individuals and communities affected by environmental harm are rights-holders entitled to protection. Such communities are left out of important decisions about their environment and the effect of environmental harm in their lives. Individuals most vulnerable to environmental harm are often members of poor, rural, and disenfranchised communities. The destruction of the environment disproportionately affects these communities, preventing them from accessing basic natural resources, clean water and sanitation, adequate housing, food security, and access to health and medical assistance. Additionally, intersecting forms of discrimination exacerbate exclusion and marginalization. A human rights approach to environmental justice emphasizes the need to protect affected communities and holds the State responsible for recognizing their vulnerability and providing heightened protection. This article seeks to show that while the human right to a healthy environment has not been widely recognized, a robust juridical framework enables environmental justice advocates and affected communities to vindicate the rights of vulnerable communities. The case study of coal-ash contamination in Puerto Rico and the harms suffered by affected communities there anchors the argument for why advocates should use a human rights framework to protect the rights of the most vulnerable. The case of Puerto Rico is illustrative of so many poor, disenfranchised, and vulnerable communities around the world, affected by environmental harm and in need of a human rights-based framework.
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Brkić, Snežana. "Witness protection." Glasnik Advokatske komore Vojvodine 77, no. 10 (2005): 475–89. http://dx.doi.org/10.5937/gakv0510475b.
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The main idea of this paper is that the witness protection is a subjective public right and is a result of protection of fundamental human rights. It is fundamental, public, individual, positive, directly relative and indirectly absolute right. Right to witness protection shall include the following rights: right to be notified of the right of protection; right to ask for or to waive the right of protection, right to refuse to give any personal data, statement or to answer the questions until the decision on the request for protection is rendered, right to appeal the decision, right to attorney, right of protection.
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M. Gaffar, Janedjri. "Peran Putusan Mahkamah Konstitusi dalam Perlindungan Hak Asasi Manusia terkait Penyelenggaraan Pemilu." Jurnal Konstitusi 10, no. 1 (May 20, 2016): 1. http://dx.doi.org/10.31078/jk1011.
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Constitution, as the supreme law, is created to protect human rights. Constitution contains basic principles of state administration and citizens rights that have to be protected. In relation to the citizens political rights, election is related to Human Rigts matters. Election administration constitutes manifest acknowledgement of human rights in the life of the nation. Democratic election can be carrried out if there protection of human rights is guaranteed. One of the holders of judicial power that plays roles in providing human rigths protection through its decision is Constitutional Court (CC). The Court carries out the function as the guardian of the constitution, the final interpreter of the constitution. Besides, the Court also functions as the guardian of democracy, the protector of citizens’ constitutional rights and the protector of human rights. The function of the Court as the protector of human rights constitute consequence of the incorporation of Human Rights as the substance of the constitution. The endeavour of the Court to protect human rights can be perceived from some of its decisions either in the case of judicila review of laws or settlement of local election disputes which are, inter alia, restoration of the right to vote for the former members of Indonesian Communist Party, the right to vote for certain ex-prisoners, the granting of rights to be candidate for parties that do not have seat in the parliament, the right to be candidate for individual independent citizen in local election, protection of rights for incumbents, the right to vote that is free from threat and terror, protection of the right to be candidate thta is free from the act of impediment and recognition of mechanisms that are recognized in customary law.
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Sobirova, Dilfuza Tukhtasinovna. "Protection Of Women’s Rights In Uzbekistan." American Journal of Social Science and Education Innovations 03, no. 01 (January 30, 2021): 334–39. http://dx.doi.org/10.37547/tajssei/volume03issue01-65.
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This article is devoted protecting women’s rights and their activity in Uzbekistan by the helping scientific literatures and main sources. Also research is given more attention paid to women by our government has increased, the status of women in the society has increased, and large-scale work has been started on this issue.
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Živkovska, Rodna, and Tina Pržeska. "Protection of the right to ownership in Macedonian property law." Zbornik radova Pravnog fakulteta Nis 62, no. 100 (2023): 15–36. http://dx.doi.org/10.5937/zrpfn0-48109.
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The paper analyses the legal remedies for the protection of the right of ownership in Macedonian property law and in comparative law. This research focuses on the protection of ownership in the Macedonian property law system, as guaranteed by the provisions of the basic Ownership and Other Property Rights Act. This Act regulates different types of petitory actions (lawsuits) for the protection against infringement or interference with the ownership right whose scope and effectiveness will be analyzed in this paper. The analysis will extend to special laws regulating some form of protection of the ownership right. The paper also includes a comparative analysis of the legal mechanisms for protecting the right of ownership in the legal system of EU member states and other European countries, pinpointing the similarities and differences in the legal approach to protecting the right of ownership between countries. Considering that the right of ownership is protected by Protocol 1 of the European Convention on Human Rights, the paper will also address the European Court of Human Rights approach to protecting the ownership right under the Convention.
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Senko, V. "Historical aspects of the establishment of the institution of child rights protection in international law." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 479–82. http://dx.doi.org/10.24144/2788-6018.2023.01.83.
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This article provides an understanding of the relevance and importance of the principles of human rights and the UN Convention on the Rights of the Child. The article pays special attention to the importance of observing children's rights and encouraging advocacy activities of public and children's organizations regarding the protection of children's rights.
In the presented study, the author analyzes the articles of the Convention and considers them as social rights (the right to life and development, health care and access to medical care, the right to education, family life, family reunification, the right to assistance in the maximum possible social integration for disabled children, as well as the right to support parents so that they can protect the rights of their children), economic rights (the right to decent living conditions, to social security, to protection from economic exploitation), cultural rights (the right to respect for language, culture and religion, for the abolition of traditional practices that may harm the well-being of the child), protective rights (the right to protect the interests of the child, protection from physical and sexual violence and exploitation, protection from participation in military conflicts, protection from abuse rights and humiliation), civil and political rights (the right to be heard and taken seriously, the right to freedom from discrimination in the exercise of rights, the right to freedom of religion and belief, the right to privacy, to information, to respect for physical and personal integrity and freedom from all forms of violence, torture or other cruel, inhuman, degrading treatment, the right to respect for the order of detention and criminal judiciary).
It is emphasized that the mentioned international legal act plays an important fundamental role in the development of social consciousness and the practice of protecting children's rights and freedoms. It provides the legal basis for the necessary protection of persons under the age of 18.
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Gubrienko, О. М., and O. G. Kostromina. "Institute of Labor Rights Protection as an Element of the Labor Law System." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 69–72. http://dx.doi.org/10.24144/2788-6018.2021.03.12.
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Labor law of Ukraine is one of the most social branches of law, as it not only regulates labor relations, but also ensures the implementation of socio-economic rights of workers. In the new economic conditions, the problem of ensuring the protection of labor rights and legitimate interests of employees is extremely important.
The protection of labor rights is seen in various senses, including as an institution of labor law. It is noted that the protection of labor rights is considered as an independent institution of labor law (narrow understanding of the protection of labor rights), which presents all available in the legal system and possible methods (measures) to protect labor rights.
The Institute for the Protection of Labor Rights is one of the central institutes of labor law. The content of this institute consists of: the content of basic labor rights and human freedoms; forms of protection; methods of protection by which protection is provided; protection procedure; conditions of legality of realization of the right to protection of labor rights and freedoms.
In order to develop an effective mechanism for the protection of labor rights, it is necessary to define the concept of the form of protection of labor rights, its types and methods of protection. The form of protection of labor rights is defined as the procedure for the protection of subjective labor rights and legitimate interests. This procedure includes a set of organizational actions, the list of which depends on the subject of protection and the subject whose rights and interests are protected. The method of protection of labor rights is defined as a specific action aimed at protecting subjective labor rights and legitimate interests or to remove obstacles to the exercise of these subjective rights.
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Yavorska, Oleksandra. "PROTECTION OF DATABASE RIGHTS." Visnyk of the Lviv University. Series Law 72, no. 72 (June 20, 2021): 55–63. http://dx.doi.org/10.30970/vla.2021.72.055.
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The state of legal regulation of databases according to the national legislation and EU laws is discovered. Pursuant to the national legislation, a database is a separate object of copyright – a complex of compositions, data or any other independent information in a freeform, including electronic, the components selection and disposition of which are available individually and can be found with the use of special searching system on electronic devices (computer) or other means. Since database is a complex of compositions, its application shall be carried out with the abidance of copyright on these compositions as the components of a database. If compositions are used with the copyright infringement, legal protection to a database cannot be provided. The author of a database is its creator – a natural person. In the absence of proof to the contrary, the author of a composition (including databases) is a person, indicated as an author on the origin or copy of the composition (presumption of authorship). Database can be created during performance of the work duties or by the errand of the employer. The proprietary rights on the object of copyright and (or) related rights, which was created in connection with performance of the labour contract, belong mutually to the employee, who created such an object and to a legal or natural person, where or who he is working for, if the opposite is not established by a contract (either a labour contract or a separate civil contract). The procedure of performing the proprietary rights on such a database can be regulated by the corresponding contracts. The provisions of the TRIPS, EU Directive on legal protection of databases are analyzed. It is established that original databases are protected as the objects of copyright with the recognition of the corresponding non-property and proprietary rights of its author. Non-original databases are protected by exclusive rights – sui generis. Exclusive rights are guaranteed to the creator of a database irrespective of the eligibility of that database for the protection by copyright or by other rights. Thereby, the Directive permits the protection of a database not only by copyright, but by the sui generis right as well. Consequently, the sui generis right can be spread on the original database, which is an object of copyright. The legislation of Ukraine does not provide the sui generis right to non-original databases for the present. Corresponding provisions are proposed in the draft «On the Copyright and Related Rights». It is proposed to establish personal non-property rights, to define the contents of a proprietary right of the non-original database creator more accurately, determine possible cases of such databases free usage in educational, studying purposes without the aim of commercial usage.
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Teich, Albert H. "Protection of Rights." Science 239, no. 4839 (January 29, 1988): 450. http://dx.doi.org/10.1126/science.239.4839.450.c.
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Sawyer, Tonya L. "Equal Protection Rights." Journal of Physical Education, Recreation & Dance 92, no. 8 (October 13, 2021): 62–63. http://dx.doi.org/10.1080/07303084.2021.1964885.
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TEICH, ALBERT H. "Protection of Rights." Science 239, no. 4839 (January 29, 1988): 450.3–450. http://dx.doi.org/10.1126/science.239.4839.450-a.
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Zombory, Katarzyna. "The Right to Cultural Identity in the Case Law of the Inter-American Court of Human Rights: A New Global Standard for the Protection of Indigenous Rights and Future Generations?" Journal of Agricultural and Environmental Law = Agrár- és Környezetjog 18, no. 34 (June 11, 2023): 171–91. http://dx.doi.org/10.21029/jael.2023.34.171.
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This paper examines the protection of the right to cultural identity in the case law of the Inter-American Court of Human Rights (IACtHR), where this question has appeared in connection with the rights of indigenous peoples. Although not expressly guaranteed in the American Convention on Human Rights (ACHR), the right to cultural identity has received protection in the IACtHR9s case law through an evolutionary interpretation of the rights to life and property, and other provisions under the ACHR. A landmark decision in the 2020 case of Lhaka Honhat Association v. Argentina has put into a new perspective the protection of the right to cultural identity. For the first time, it was clearly established that cultural rights are autonomous and judicially enforceable under Article 26 of the ACHR. The ICtHR9s revolutionary approach offers new opportunities for the judicial protection of environmental rights claims, contributing to the debate on sustainable development and the protection of future generations as well. The ICtHR has risen to be a regional standard-setting treaty body in the Inter-American system. Simultaneously, its far-reaching approach to protecting cultural identity and land rights has made the IACtHR9s case law a genuine reference point for other universal and regional international human rights organs.
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Baybekova, Zulfiya, and Sardorjon Zokirov. ""THE RIGHTS OF JUDICIAL PROTECTION IN THE SYSTEM OF LABOR RIGHTS OF EMPLOYEES"." Tsul legal report 2, no. 1 (July 16, 2021): 109–17. http://dx.doi.org/10.51788/tsul.lr.2.1./plhg7659.
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In the field of labor law, there are features of protecting the rights and legitimate interests of employees. Accordingly, the features that are characteristic of labor law have an impact on the legal means of protecting rights. An employee can defend his rights on his own by contacting the competent authorities that supervise the monitoring of compliance with labor legislation, using conciliatory and intermediary means (mediation, etc.). In the system of the legal protection of employee rights, the leading and decisive place is taken by judicial protection. In turn, the level of judicial protection of citizens' rights is considered as the main indicator of the place of the judiciary in society, an indicator of the democracy of the society itself. At the same time, the draft of the new edition of the Labor Code (LC) of the Republic of Uzbekistan has expanded the list of ways to protect the labor rights of employees, thereby providing more opportunities to defend the violated rights of employees in case of illegal actions by employers. In addition to the bodies exercising supervision of labor laws compliance, and bodies considering labor disputes, the following were also included: self- defense, bodies of public control, conciliation, and mediation procedures. However, priority is given by the judicial authority as a body that also protects violated labor rights.
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Nodirbekovna, Rakhmonova Mohichehra. "INTERNATIONAL LEGAL PROTECTION AND MECHANISM FOR THE PROTECTION OF TRADEMARK RIGHTS." American Journal of Applied Science and Technology 03, no. 02 (February 1, 2023): 44–64. http://dx.doi.org/10.37547/ajast/volume03issue02-06.
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This article analyzes the procedure for resolving disputes in the field of intellectual property, in particular the mechanism for the protection of trademark rights at the national and international levels, identifies the main problems existing in the legislation and law enforcement practice on the issues of parallel import and introduction into civil circulation of counterfeit products in the Republic of Uzbekistan. The concept of terms such as counterfeit and parallel imports, which includes practices and international acts in the field of intellectual property, is also investigated
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Nguyen, Tho Thi Anh. "Host States’ Counterclaims on Human Rights in Practical Investment Arbitration." Asian Journal of Law and Policy 2, no. 2 (July 8, 2022): 57–73. http://dx.doi.org/10.33093/ajlp.2022.5.
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This paper analyzes the potential hindrance to the positive results of counterclaims on human rights protection in the practical investment arbitration, then evaluates whether ASEAN Comprehensive Investment Agreement and other treaties with investment provisions would be acceptable legal grounds to enable such counterclaims. This paper argues that to ensure more sustainable investment, future investment treaties should directly provide explicit states’ rights to make counterclaims on human rights protection. As such, these explicit provisions will create better legal grounds for host state to defend their legitimate rights on protecting human right, guarantee the predictability, and avoid the inconsistent interpretation or the reluctance of tribunals. This paper will delve in four substantial issues, including: (i) overview on counterclaims in international investment disputes; (ii) international and municipal regulations on human right protection in investment activities; (iii) host states’ counterclaims on protection of human rights in practical investment arbitration; (iv) control future commitments on states’ counterclaims on human rights.
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Mihelčić, Gabrijela, and Maša Marochini Zrinski. "Suživot negatorijske zaštite od imisija i prava na život u zdravoj životnoj sredini." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, no. 1 (2018): 241–68. http://dx.doi.org/10.30925/zpfsr.39.1.8.
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The authors analyse the national protection from emissions, in the first place, a property law component of this regime. Domestic regulation of the protection of property rights from harassment was brought in the perspective of the protection that the European Court of Human Rights provides for the right to live in a healthy environment, primarily through the protection of rights under Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (right to respect for private and family life and home). In the context of the latter, the authors have analysed the interpretative methods used by the European Court and explored the following features: the requirement that environmental and environmental impacts and disturbances violate the Convention right, that is, the existence of a specific Convention causal link; the category of minimum level of severity; oscillation of the "quantum" of minimum level of severity within conventional "fluctuations"; and the scope (and type) of protecting the right to live in a healthy environment through the paradigm of the positive / negative obligations of the Contracting States.
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Volodymyr Burak, Volodymyr Burak. "LIMITS OF EXERCISING THE EMPLOYEES’ RIGHT TO PROTECTION IN UKRAINE." Socio World-Social Research & Behavioral Sciences 09, no. 03 (November 28, 2022): 66–73. http://dx.doi.org/10.36962/swd09032022-66.
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The article examines the limits of exercising the employee’s protection of his violated labor rights in Ukraine. It is emphasized that establishing the limits of the exercise of the right to protection will contribute to the effective exercise of the abovementioned right, and also serves as a guarantee of taking into account the interests of the employer. It is proven that the employee’s right to protection must not violate the rights and legitimate interests of the employer and third parties. It is emphasized that the limits of the exercise of the right to protection are the obligation not to violate the rights and freedoms of the opposite party, as well as third parties, the competence of the bodies that protect labor rights, as well as the terms for applying for the protection of violated labor rights. Keywords: protection of labor rights, the right to protection, employee’s rights, rights and interests of the employer, limits of the exercise of labor rights.
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Andreev, Yury N. "About judicial protection of subjective civil rights." Russian Journal of Legal Studies (Moscow) 7, no. 1 (August 7, 2020): 9–16. http://dx.doi.org/10.17816/rjls34732.
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The article is devoted to the judicial protection of subjective civil rights. The author tries to formulate the concepts of subjective civil rights and the judicial protection of subjective civil rights to determine the ratio of subjective civil rights and the right to judicial protection as well as the judicial protection features of various subjective civil rights categories. The paper presents the authors conception of subjective rights, the various ways by which they are protected, and the features of the protection of certain types of subjective civil rights. The aim of the research is to find the most optimal ratio of the right of subjective rights owner to protection and the right of subjective right for protection, in order to determine the most typical ways to protect certain categories of subjective civil rights. The methodological basis of the research includes the well-known general and private scientific methods of scientific knowledge. The paper concludes by stating that subjective civil rights have general (universal) and specific ways of protection.
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Pedic, Zana. "INTERCONNECTIVITY AND DIFFERENCES OF THE (INFORMATION) PRIVACY RIGHT AND PERSONAL DATA PROTECTION RIGHT N THE EUROPEAN UNION." Review of European and Comparative Law 30, no. 3 (September 15, 2017): 125–35. http://dx.doi.org/10.31743/recl.4264.
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Right to (information) privacy and right to personal data protection have many common contact points. However, the very act of developing data protection, as a younger right into the sui generis right shows that these two rights are not the same and that there are differences between them, huge enough to make them separate legal rights. The main trigger for noticing their different nature, purpose and background and for development of the data protection into the separate right was the revolution in the information technology solutions. This IT progress, for the first time, enabled massive and relatively cheap operations with the personal data and brought not only concern about the security of the personal data, but also unbelievable business possibilities. It was the turning point for the codification of the data protection right which started from 1970ies, aiming to create separate rules and legislation which will understand the importance of not only of protecting personal data but of their regulated and lawful usage. Despite all what was said, there is still certain confusion regarding these two rights, mainly because in the initial phase of the massive usage of the new IT solutions, when the data protection legislation still wasn’t developed, information privacy right served as the only legal protection of the data protection right and the relationship between these two rights is complex even today and deserves to be further researched
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Lynskey, Orla. "DECONSTRUCTING DATA PROTECTION: THE ‘ADDED-VALUE’ OF A RIGHT TO DATA PROTECTION IN THE EU LEGAL ORDER." International and Comparative Law Quarterly 63, no. 3 (June 25, 2014): 569–97. http://dx.doi.org/10.1017/s0020589314000244.
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AbstractArticle 8 of the EU Charter of Fundamental Rights sets out a right to data protection which sits alongside, and in addition to, the established right to privacy in the Charter. The Charter's inclusion of an independent right to data protection differentiates it from other international human rights documents which treat data protection as a subset of the right to privacy. Its introduction and its relationship with the established right to privacy merit an explanation. This paper explores the relationship between the rights to data protection and privacy. It demonstrates that, to date, the Court of Justice of the European Union (CJEU) has consistently conflated the two rights. However, based on a comparison between the scope of the two rights as well as the protection they offer to individuals whose personal data are processed, it claims that the two rights are distinct. It argues that the right to data protection provides individuals with more rights over more types of data than the right to privacy. It suggests that the enhanced control over personal data provided by the right to data protection serves two purposes: first, it proactively promotes individual personality rights which are threatened by personal data processing and, second, it reduces the power and information asymmetries between individuals and those who process their data. For these reasons, this paper suggests that there ought to be explicit judicial recognition of the distinction between the two rights.
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Eleanora, Fransiska Novita, and Nursolihi Insani. "Urgensi Pemenuhan Hak Anak Berkebutuhan Khusus (Penyandang Disabilitas) Dalam Bidang Kesehatan." JURNAL HUKUM PELITA 3, no. 2 (November 30, 2022): 111–19. http://dx.doi.org/10.37366/jh.v3i2.1103.
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The fulfillment and protection of the rights of every citizen is the responsibility of the Government in fulfilling them, including the rights of children with disabilities to their rights. Children's rights are the same as other children and most importantly the right to education and health in terms of protection and gender equality. Protection and fulfillment of their rights in the health sector, efforts to maintain children's health are carried out from in the womb, as well as toddlers, to adolescents, including efforts to maintain the health of disabled children and children who need protection from physical, psychological and sexual violence with medical rehabilitation and treatment. adequate, so that in good health, children can enjoy their rights properly. because in a healthy body there is a healthy soul, a healthy child will also focus and concentrate on exercising his rights as a manifestation of the protection of children's human rights through services to children and the provision of medicine for healing. Therefore, this study will discuss the urgency of fulfilling and protecting the rights of children with disabilities in the health sector
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Vynokurov, V. V. "The paradigm of the right to defense in ancient thought and its significance for legal realities." TRANSFORMATION LEGISLATION OF UKRAINE IN MODERN CONDITIONS DOCTRINAL APPROACHES AND MEASUREMENTS, no. 14 (September 1, 2023): 427–33. http://dx.doi.org/10.33663/2524-017x-2023-14-427-433.
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The article is devoted to the analysis of ancient opinion regarding the human right to protection. The importance of understanding the right to protection in the legal and philosophical thought of antiquity and its influence on the development of human rights in the modern world are highlighted. Attention is drawn to the fact that the concept of the right to protection is not a new phenomenon, that it existed in ancient times, as evidenced by the opinions of ancient thinkers, who in their works reflected on various aspects of law, including the right to protection, in particular through the understanding of such categories as justice, equality before the law, as well as the role of the state in ensuring these rights. The views of Socrates, Plato, Aristotle, and Cicero, who initiated a theoretical approach to the problems of the state, law, and other state-legal phenomena, are considered. It is noted that all these thinkers considered the right to protection one of the most important human rights, which should be guaranteed by the state. The article analyzes some works of these philosophers. It was noted that each of them put their own context into the right to protection, and expressed views on the topic of justice and equality before the law, which can be considered as primitive forms of understanding this right. It is noted that ancient Greek and ancient Roman thinkers in their reasoning about human rights evolved in their understanding of the nature of these rights. Ancient Greek philosophers considered the right to defense as an important component of justice and political order, establishing a connection between law and moral values, while on the other hand, ancient Roman philosophers considered the right to defense as a natural right that belongs to every person from birth, regardless of laws or political system. It is emphasized that the defense of the right to protection plays an important role in history, as it provides the possibility of protecting human rights from any excessive actions by the state or other subjects, and is also an important task of society, including science, since in in the modern world, the right to protection is recognized by all democratic countries and enshrined in constitutions, international conventions and declarations, which indicates that the right to protection is an important element of the legal system that ensures the protection of human rights and freedoms and guarantees democratic principles of governance. It was concluded that the ideas of ancient thinkers regarding the right to protection had a significant impact on the further development of human rights in history and on European justice and legislation, became the basis for the further development of legal systems and influenced the formation of the modern idea of the right to protection, as well as for the development legal culture and legal awareness of society. Key words: human rights, right to protection, protection of human rights, human freedom, law, justice, equality, natural law, Socrates, Plato, Aristotle, Cicero
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Mihelčić, Gabrijela, and Maša Marochini-Zrinski. "Should negatory action against immissions be reformed in the light of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the right to live in a healthy environment?" Glasnik Advokatske komore Vojvodine 94, no. 3 (2022): 767–823. http://dx.doi.org/10.5937/gakv94-38979.
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In this paper, the authors rely on the results of scientific research based on which they concluded that although there are notable differences between the Croatian national regulation of immission protection and the one provided by the European Convention for the Protection of Human Rights and Fundamental Freedoms, and taking into account the role of the Convention (the principle of subsidiarity), it is not inconceivable that protecting this right (which all states are obligated to protect) strengthens the position of the authorized national representative for negatory protection (e.g., the possibility of determining the basis relevant for negatory action in a less complex way; removing discrepancies, such as, for example, the requirement that proprietary legal protection of ownership and other proprietary rights against immissions is preceded by protections pursuant to special regulations, etc.). In this light, the authors analyse recent Convention case-law and compare the regulation of negatory action (protection of property from harassment) with the protection of a specific right established by the Convention - the right to live in a healthy environment based on Article 8 of the Conventionthe right to respect for private and family life, home and correspondence. Exhaustively analysing the right to live in a healthy environment, they explain the interpretative methods and principles used by the European Court in detail, continuing their research concerning this issue. The main focus is on exploring the features of previously postulated rights: the requirement that the human rights protected by the Convention are violated by adverse environmental factors (that is, the existence of a specific Convention causal link); the category of a minimum level of severity; oscillation of this "quantum" of the minimum level of severity within Convention "fluctuations" and the scope (and type) of protection of the right to live in a healthy environment through the paradigm of the positive/negative obligations of the contracting states; naturally, bearing in mind the more recent cases brought before the Court. In conclusion, the authors answer the question postulated in the title of the paper.
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Lu, Fang Hua. "Protection of Laborers Occupational Safety Rights from the Perspective of Human Rights Law." Advanced Materials Research 1073-1076 (December 2014): 408–11. http://dx.doi.org/10.4028/www.scientific.net/amr.1073-1076.408.
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As a basic human right, occupational safety rights have already drew attention all over the world. A series of significant law system, such as the labor law, safety production law, law of Prevention and Control of Occupational Diseases etc, involve the protection of occupational safety rights. But as a member of the International Labor Organization, protecting system for the occupational safety rights in China face a series of problems, such as coverage narrow, low damages, weak awareness of human rights protection, lack of systemic laws and regulations. Thus, it needs to be perfected by speeding up legislation process for occupational safety rights protection, enhancing the enforcement of law, stable labor relations, creating a favorable environment for market economy development in China. Besides, on the point of the force of law, we should optimize the operability of the occupational safety rights protection legislation system from the labor law, safety production law, law of Prevention and Control of Occupational Diseases.
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Koroleva, V. V., and O. O. Kimlenko. "PROBLEMS OF PROTECTION OF THE RIGHTS OF BUSINESS ENTITIES IN THE COMMERCIAL COURTS OF UKRAINE." Legal Bulletin 76, no. 4 (May 12, 2022): 42–46. http://dx.doi.org/10.31732/2708-339x-2022-04-42-46.
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Judicial protection of the rights of economic entities is important among other forms of protection. The protection of the rights of economic entities can be considered in two ways: as the protection of the right that is exercised and implemented and the protection of the right that is violated with the use of means to restore it. Classically, the protection of rights is considered as a fact of protection of the rights of the violated. The main legislative act in the field of management is the Commercial Code of Ukraine, which enshrines the fundamental guarantees and ways to protect the rights and interests of economic entities. The Commercial Procedure Code of Ukraine has established a mechanism for reviewing a claim, application or complaint with a request to restore the violated / disputed right. The right to judicial protection corresponds to the obligation of the state to create a system of justice that will undoubtedly resolve complex, diverse and numerous court disputes, without violating judicial competence, and will ensure qualified judicial proceedings. In order to optimize the process of consideration of commercial disputes on the protection of the rights and legitimate interests of business entities, the article examines the problems that arise during the protection of the rights and legitimate interests of economic entities in commercial courts of Ukraine. The role of commercial courts in protecting the rights and legitimate interests of these entities has been studied. It should be noted that the urgency of this problem has been acute since Ukraine's independence, as regular changes in current legislation on the judiciary provide more and more topics for controversy not only between scholars but also practitioners. Ukrainian legislation in the field of economic relations not only contains many inconsistencies and contradictions, but also has significant shortcomings. The main factor that violates the stability in the field of protection of economic relations is the adoption of legislative acts that conflict with the Constitution of Ukraine and laws that were adopted earlier. The protection of the rights of economic entities in commercial courts takes place only with the personal participation of entities that have been granted the appropriate legal personality. The possibility of reviewing court decisions in appellate instances is guaranteed by the Constitution of Ukraine.
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Zhmaeva, Elena S. "Protection of the Rights of Obligations." Russian Journal of Legal Studies (Moscow) 8, no. 4 (January 18, 2022): 17–22. http://dx.doi.org/10.17816/rjls64265.
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The article is devoted to the study of protecting the rights of obligations. The study aims to resolve the question of whether the possibility of protection is provided for in Article 302 of the Civil Code of the Russian Federation to the rights of obligations. In addition, the author examines the question of whether it is advisable to introduce the protection of a bona fide acquirer of the right of obligations in the framework of an assignment similar to the protection in the form of a vindication. The analysis of judicial practice illustrates that at present the acquirer of the right of obligation under an assignment agreement does not have access to the entire scope of protection provided by law to the acquirer of the thing itself. To answer these questions, the author turns to the theory of binding rights as objects of civil rights. The author concludes that the obstacle to claiming the rights of obligations is the absence of the concepts of ownership of the right and a bona fide acquirer of the right for the turnover of the rights of obligations, both at the level of the law and in the doctrine. The author addresses whether it is possible to own the law of obligations. In connection with his consideration of this issue, the author touches upon the theory of the visibility of law. Based on the analysis of the relevant theory and practice of law enforcement, the author concludes that the category of domination is unsuitable for binding rights, as well as that possession, in its classical sense, is not applicable for binding rights. The author emphasizes that, in the absence of direct legislative regulation, it is not possible to resolve the issue of applying a vindication claim to the rights of obligations. The paper presents arguments in favor of the conclusion that it is now necessary to introduce the protection of the law of obligations (including the right of claim) in a manner similar to the protection provided for in Article 302 of the Civil Code of the Russian Federation. The author anticipates the development of an appropriate mechanism, considering the peculiarities of the rights of obligations as an object of civil rights, and the inapplicability of the theory of the appearance of law for such a mechanism, as a perspective for resolving this issue.
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VALDEZ VELAZCO, SILDA. "¿ES POSIBLE LA PROTECCIÓN INTERNACIONAL DE LOS DERECHOS DE LOS CONTRIBUYENTES?" SCIENTIARVM 1, no. 1 (July 4, 2015): 19–22. http://dx.doi.org/10.26696/sci.epg.0125.
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ABSTRACT: In the present investigation, we seek to describe and establish how two international organizations such as the Inter-American Court of Human Rights and the European Court of Human Rights, precisely responsable for the protection of the human rights of the citizens of their member states, have managed to concretize the protection of the rights of taxpayers despite their poor regulation in international treaties base on those that impart justice. Thus, some of the cases in which there has been a ruling on tax issues are analyzed, the facts, the rights protected and how this protection has finally been materialized in specific cases. Key words: Human Rights, taxpayers, American Convention on Human Rights, European Convention on Human Rights, taxation.
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Weinrib, Jacob. "Rights in Search of Protection†." Oxford Journal of Legal Studies 40, no. 2 (2020): 403–23. http://dx.doi.org/10.1093/ojls/gqaa015.
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Abstract In Where Our Protection Lies, Dimitrios Kyritsis develops an innovative constitutional framework that aims to reconcile two commitments: democratic governance and the protection of fundamental rights. This review article argues that the reconciliation fails to provide fundamental rights with meaningful protection. On the one hand, the framework’s moral resources hollow out the duties that rights impose on legislatures. Instead of protecting persons from the abusive exercise of legislative power, the framework narrows what constitutes abuse. On the other hand, the framework’s institutional resources leave persons without the means of vindicating their rights. What Kyritsis terms protection consists in the ongoing susceptibility to the violation of one’s fundamental rights.
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Sudanto, Asrizal Saiin, and Zaitun. "LEGAL PROTECTION OF CONSUMER RIGHTS IN THE CONCEPT OF HUMAN RIGHTS." Bilancia: Jurnal Studi Ilmu Syariah dan Hukum 16, no. 1 (June 29, 2022): 1–20. http://dx.doi.org/10.24239/blc.v16i1.769.
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Economic development includes various interrelated development sectors. One form of this linkage is related to the protection of consumer rights which is closely related to human rights issues. Thus the importance of the issue of legal protection for consumer rights, this research tries to specifically highlight the concept of human rights, where the main focus is on the role of Law No.8 of 1999 in protecting consumer rights as human rights, as well as consumer advocacy efforts. This research is to answer whether consumers really are sufficiently protected by laws based on human rights. This research is legal research normative, namely research on secondary data obtained through library studies. From this research, it is found that consumer protection laws do not appear to provide protection for consumers in general anymore, but actually provide full protection for consumers in various forms of transactions, both transactions in the form of products and transactions in the form of services that can potentially harm the consumer of their rights.
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Suryana, Yana, Yulia Kurniaty, and Aroma Elmina Martha. "A Model for Protecting the Right to Education for Child Labour." Jurnal Hukum Ius Quia Iustum 30, no. 2 (May 1, 2023): 371–95. http://dx.doi.org/10.20885/iustum.vol30.iss2.art7.
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This study discusses the threat of working children's right to education. The aim of this research is to identify the regulation of working children in Indonesian laws and regulations and to find an ideal model of protecting the right to education for working children. The method used is normative legal research. Researchers conducted a study of legislation to see the synchronization between legislation. Human rights theory and statutory theory are used as analytical tools to examine research results. The results of this study conclude that first, the government has protected children's rights as stipulated in several laws and regulations. There are clear provisions regarding the rights of working children. Second, the right ideal model to protect the educational rights of working children is to use a circle of protection. The circle of protection is a circle of protection for working children so that their right to education is fulfilled. In the circle of protection there are parties that protect working children, namely the government, parents, employers, and the community.
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Mozhechuk, Lyusya, and Andriy Samotuha. "Role of the European Court of Human Rights in realization of social security right." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (June 3, 2020): 55–63. http://dx.doi.org/10.31733/2078-3566-2020-2-55-63.
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The article deals with the role of the European Court of Human Rights (ECtHR) in protecting the right to social security. There is the analysis of the case law of the ECtHR on the violation of the right to social security, namely the right to receive a pension, which the ECtHR classifies as property rights. The authors have outlined the ways to improve the practice of the ECtHR in this area in modern national and world socio-economic conditions. According to available estimates, around 50 per cent of the global population has access to some form of social security, while only 20 per cent enjoy adequate social security coverage. Ensuring an ap-propriate mechanism for the protection of human and civil rights is a priority for every country. However, according to case law, the number of complaints of violations or non-recognition of their rights is growing every year. An important role in the protection of human rights in today's conditions is played by an international judicial body - the European Court of Human Rights. In Ukraine, where socio-economic rights are recognized at the constitutional level, their guarantee content in the current laws is still not clearly defined, and therefore, as evidenced by the practice of the Constitutional Court of Ukraine, legal mechanisms their protection, in particular the means of judicial control remain ineffective. The right to social security is the right to access and retention of benefits, both in cash and in kind, without discrimination in order to protect, in particular, against (a) lack of income from work caused by illness, disability, maternity, occupational injuries , unemployment, old age or death of a family member; (b) inaccessible access to medical care; (c) insufficient family support, especially for children and adult dependents. It is well known that the European Convention does not contain many socio-economic rights as such (with a few exceptions - protection of property and the right to education). Thus , the former president of the ECtHR Jean-Paul Costa specifically pointed to another important European human rights treaty – the European Social Charter. Human rights are a universal value, and their protection is the task of every state. The European Court of Human Rights plays an important role in protecting human rights in modern conditions. The functioning of such an international judicial institution can not only solve a problem of protection of violated rights, but also affect the development of the judicial system of each state. The main principle of realization and judicial protection of social rights is non-discrimination on the grounds of sex, age, race, national and social origin of the individual, and the role of auxiliary institutions of the Council of Europe in generalizing and improving the ECtHR’s activity has been emphasized.
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Hoang, Van Nghia Hoang. "Enhancing Mechanism for Protection of Constitutional Rights in Viet Nam Today." Asia-Pacific Journal on Human Rights and the Law 17, no. 1 (June 15, 2016): 28–41. http://dx.doi.org/10.1163/15718158-01701003.
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This article’s overall goal is to examine the development of constitutional rights and their mechanisms for protection and promotion in Viet Nam through the case of the right to environment. Utilising legal methods, as well as qualitative and quantitative methods, the research investigates the ways in which the right to environment has been protected in Viet Nam through examining the case of the Thi Vai River. Given the strengths and weaknesses of Viet Nam’s existing legal system and its mechanisms for human rights protection through accessing the case of the citizen’s right to environment, the article proposes several recommendations for better protecting and promoting constitutional rights. These include further improving its legal system, establishing independent institutions and effective mechanisms (such as the Constitutional Council, Ombudsman, a National Human Rights Body, and an Environmental Court), and enhancing education, training and dissemination of international human rights law and constitutional rights for all.
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Rachma, Ayu Widya, and Jadmiko Anom Husodo. "Legal Protection of Children's Human Rights as Students in Online Learning During the Covid-19 Pandemic." International Journal of Sustainability in Research 2, no. 1 (January 13, 2024): 69–76. http://dx.doi.org/10.59890/ijsr.v2i1.1162.
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The legal protection of children's human rights in the education sector in Indonesia must be the government's main concern. The law provides for the rights children must receive, including the right to education. This is because during the COVID-19 pandemic, governments have found it difficult to provide educational legal protections to children. This article uses normative legal research to examine the legal protection of children's right to education during the COVID-19 pandemic and the role of states in realizing children's right to education.
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Emruli, Safet, Agim Nuhiu, and Besa Kadriu. "Copyright and Copyright Protection." European Journal of Interdisciplinary Studies 2, no. 4 (December 1, 2016): 36. http://dx.doi.org/10.26417/ejis.v2i4.p36-40.
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One of the legal intellectual property disciplines are copyrights which concerns artistic and literary works. Copyright is: bundle of exclusive legal rights that has to do with protection of literary and artistic works. It is granted to authors and artists to protect expressive works against unauthorized reproduction or distribution by third parties. Copyright protect “works”, expression of thoughts and ideas. Literary, dramatic, musical and artistic works must be original, it means not to be a copy. Copyright covers two other types of right: economic rights, the right of the owner to benefit financial reward from use of his work by others and moral rights which always have to do with original holder no matter if economic rights are transferred or not. Economic rights can be transferred. Bern Convention for the Protection of the Literary and Artistic Works is international key agreement and the oldest multilateral agreement in the field of copyright. Copyright subsists automatically on the creation of a work, no application needed, nor do any formalities apply. Nature of copyright is territorial and the minimum term of protection is life of the author plus 50 years after his/her death. In European Union and in certain number of countries, terms of protections of are extended to life of the author plus 70 years after his/her death.
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Emruli, Safet, Agim Nuhiu, and Besa Kadriu. "Copyright and Copyright Protection." European Journal of Interdisciplinary Studies 6, no. 1 (December 1, 2016): 36. http://dx.doi.org/10.26417/ejis.v6i1.p36-40.
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One of the legal intellectual property disciplines are copyrights which concerns artistic and literary works. Copyright is: bundle of exclusive legal rights that has to do with protection of literary and artistic works. It is granted to authors and artists to protect expressive works against unauthorized reproduction or distribution by third parties. Copyright protect “works”, expression of thoughts and ideas. Literary, dramatic, musical and artistic works must be original, it means not to be a copy. Copyright covers two other types of right: economic rights, the right of the owner to benefit financial reward from use of his work by others and moral rights which always have to do with original holder no matter if economic rights are transferred or not. Economic rights can be transferred. Bern Convention for the Protection of the Literary and Artistic Works is international key agreement and the oldest multilateral agreement in the field of copyright. Copyright subsists automatically on the creation of a work, no application needed, nor do any formalities apply. Nature of copyright is territorial and the minimum term of protection is life of the author plus 50 years after his/her death. In European Union and in certain number of countries, terms of protections of are extended to life of the author plus 70 years after his/her death.
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YEFREMOVA, Iryna. "Peculiarities of protection of private rights by non-jurisdiction methods of settlement of legal disputes (conflicts)." Economics. Finances. Law, no. 6/1 (June 30, 2021): 23–29. http://dx.doi.org/10.37634/efp.2021.6(1).5.
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Introduction. Adoption of new laws of civil and substantive law, the novelty of legal relations governed by the rules of these laws, the complexity of civil conflicts arising from these legal relations, require a high level of legal protection, compliance with the rule of law by all members of society. Only the law allows interested parties to choose the form of protection. This form can be traditional – jurisdictional (provides for the establishment of a body and procedure for the protection of violated rights), and non-jurisdictional (but certainly allowed by law), which may resort to interested parties. obstacle to the exercise of the right. Resolution of legal conflicts is possible not only through a jurisdictional form of protection. A non-jurisdictional form of protection of civil rights is the independent protection of a person of his violated rights. That is, the person does not apply to the competent state authorities. In fact, it is the commission of actual actions aimed at protecting and securing their personal property and other non-property rights. The purpose of the paper is a thorough study of models of non-jurisdictional protection of property rights in the system of protection of civil rights by analyzing the theoretical and practical aspects of using alternative methods of protection of private rights in general and mediation. Result. It is determined that the non-jurisdictional form of protection of civil rights is the actions of citizens and organizations aimed at protecting their own civil rights, freedoms, and legally protected interests. It is noted that these actions are carried out and implemented by eligible entities independently, without seeking legal assistance from government agencies and structures, as well as officials. It is determined that the mechanism of legal protection is implemented in non-jurisdictional ways in the field of legal regulation when it is necessary to overcome and eliminate obstacles that arise in the exercise of rights and legitimate interests of the subject of law, in other words – to quickly protect (ensure) legal status. It is determined that in international practice, namely in European countries, the basis of non-jurisdictional protection of property rights is mainly in the use of negotiation and mediation procedures. Non-jurisdictional form, which is usually local in nature, is achieved as a result of actual actions, occurs not in jurisdictional or procedural forms, but within the protected substantive legal relations, which are the subjects of such legal relations (usually imply The main difference between jurisdictional and non-jurisdictional forms of protection of rights is that the protection of rights in jurisdictional form is carried out by the competent state and public authorities with each of them a certain procedural order of activity, while protection in a non-jurisdictional form takes place within the framework of a substantive legal relationship and is carried out by the parties themselves in the legal relationship. Conclusion. The study proves that in Ukraine, priority should be given to the development of various forms of out-of-court dispute resolution. The basis for this should be the legislative consolidation of out-of-court settlement of civil disputes as one of the basic principles of protection of violated private rights (of course, without revoking or replacing the right to judicial protection). Non-jurisdictional methods of protection of private rights are defined in the legislation of Ukraine and can be used due to the dispositive nature of the civil law method of regulation. However, this is insufficient, as participants in civil legal relations in case of violation of their rights are primarily confronted in the law with a defined right to judicial protection of violated rights, and often consider the court as the only possible form of protection.
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Darwance, Darwance, Yokotani Yokotani, and Wenni Anggita. "Dasar-Dasar Pemikiran Perlindungan Hak Kekayaan Intelektual." PROGRESIF: Jurnal Hukum 15, no. 2 (December 23, 2020): 193–208. http://dx.doi.org/10.33019/progresif.v15i2.1998.
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Basically, humans are born with different intellectual abilities in processing their thougths and produce somethingfrom that thought. Therefore, it is important to provide protection for the results of thought through the intellectual property rights regime. However, in practice there are still many cases where the intellectual property of a person or agroup or a legal entity is used without prior permission. This juridical normative research examines fundamental thoughts for the protection of the results of one's thinking which is called intellectual property rights. There are several thoughts which become form the basis for protecting intellectual property rights; they are the natural right protection to reputation that has been built over a long time and quite high cost and also as a form of compensation and encouragement for people to create or find something.With the basic ideas behind the protection of IPR, the protection provided will be maximized, and the results of one's thinking will be more respected, both moral rights and economic rights
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Liu, Xinyue. "On the Constitutionalization of Chinese Citizens’ Environmental Rights." Transactions on Social Science, Education and Humanities Research 6 (March 22, 2024): 71–77. http://dx.doi.org/10.62051/b1j3hq95.
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The citizen’s environmental right is an important part of the modern legal system. It aims at protecting the basic rights and interests of citizens, promoting environmental protection and sustainable development. The right needs to be effectively guaranteed and implemented through laws, policies and social actions. Environmental rights have been gradually accepted by all countries in the world. Although the idea of environmental rights into the constitution has a long history, it has a different era significance in the present. The construction of a beautiful new China and a beautiful new world requires the promotion and protection of environmental rights in the Constitution. In the new era, China still faces severe ecological and environmental problems at home and abroad. In order to effectively solve the environmental problems facing China, fulfill the state responsibility for environmental protection and the task of The Times for environmental governance, the Constitution should stipulate citizens’ environmental rights.
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Omelchenko, Oleksandr, and Vladislav Rebezyuk. "The current issues of the protection of the rights, freedoms of participants of criminal proceedings at the stage of judicial consideration." Slovo of the National School of Judges of Ukraine, no. 4(29) (February 11, 2020): 71–82. http://dx.doi.org/10.37566/2707-6849-2019-4(29)-6.
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This article explores the issues of protecting of the rights, freedoms of participants in criminal proceedings at the stage of judicial consideration. Consequently, examines of the current state and prospects of protecting the rights, freedoms of participants in criminal proceedings at the stage of judicial consideration is carried out. The current problems and ways of solving the issue of protecting the rights and freedoms of participants in judicial proceedings are considered. This article deals with the issues concerning of the protection of rights and freedoms in criminal proceedings. An indicator of the availability of justice is a component of the right to a fair trial, the existence of an optimal system of court costs and developed mechanisms for providing legal assistance to the poor. Meanwhile, all court judgments should be based on the current Constitution of Ukraine, as well as on the current legislation, without contradicting with them. The International experience in protecting the human rights and freedoms is very important and has a significant impact on the domestic legislation of both our state and other democratic states as a whole. The International standards of fundamental human rights and freedoms and their legitimate interests is the basis that fills the international experience in protecting human rights, freedoms and legitimate interests. The main provisions of the Constitution of the community of democratic states on human rights and freedoms must comply with all international standards, since the protection of rights, freedoms and legitimate interests ensures the sovereign, democratic and independent state. Each civilized state must ensure the implementation of legal guarantees for the protection of the rights, freedoms and legitimate interests of its citizens, this will become the key to the democratic development of the state. To summarize, the public is interested in ensuring that the rule of law is guaranteed through fair, impartial and effective administration of justice. The prosecutors and the judges ensure at all stages of the trial the guarantee of human rights and freedoms, as well as the protection of public order. This covers respect for the rights of the accused and the victims. Protecting the human rights in criminal proceedings at the trial stage is one of the main challenges facing the courts, prosecutors and lawyers. The opportunities of judicial protection through a system of various forms of judicial review is not only an additional guarantee of rights and freedoms, but also a condition for their speedy restoration. Key words: court proceedings, organizational and legal mechanism, protection of the rights, court decision, court control functions, The European Court of Human Rights, legal decisions, legal norms, court proceedings, protection of freedoms, availability of the justice.
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Zhu, Lin. "Dilemma and Outlet of Personality Right Protection in Sports Event Copyright." Journal of Innovation and Development 4, no. 2 (August 28, 2023): 85–92. http://dx.doi.org/10.54097/jid.v4i2.12148.
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Using jurisprudence to analyze the connotation and logical relationship of personality right, explore the practical dilemma of personality right protection in sports event copyright, and then point out the path of personality right protection in sports event copyright. The research shows that the adverse factors of the protection of personality rights mainly lie in the controversial theoretical basis, the lack of attention of the subject of rights, the lack of in-depth academic research and the weak legal basis. Suggestions: On the theoretical basis, we should not only recognize the work attribute of sports events, but also emphasize the dialectical unity of "content" and "form" of works, which are the prerequisite for the protection of personality rights; In the protection of personality right, we should not only improve the awareness of safeguarding rights of the subject of rights, but also establish the concept of the overall situation of the subject of rights, so as to promote the healthy development of the sports event market. The subject of rights cannot ignore the protection of personality right due to the realization of property right; In theoretical research, academia should pay attention to the value status of personality right, strengthen the research on the protection of personality right, and provide scientific legal basis for the protection of personality right; On the basis of legal system, we should not only improve the guiding role of sports law in the protection of personality rights, but also expand the scope of works in the copyright law , so as to build a solid legal foundation for the protection of personality rights.
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KHOMENKO, Mykhailo M., Anatoliy V. KOSTRUBA, and Oleksii O. KOT. "Protection of Non-Property Right." Journal of Advanced Research in Law and Economics 10, no. 3 (June 30, 2019): 794. http://dx.doi.org/10.14505//jarle.v10.3(41).14.
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In the modern world, the significance of non-property right is very high because they are preconditions of providing the real freedom of ownership, freedom of agreement, freedom of entrepreneurship and all other rights in the material sphere of society. The article studies characteristic features of personal non-property rights of individuals. The notion of personal non-property rights of individuals has been formulated taking into account the features of this group of subjective civil rights, as well as their purpose. The main issues to be addressed in the study are the clarification of the specifics (features) of the object of protection, as well as the peculiarities of the protection of the named rights, the jurisdictional and non-jurisdictional forms of protection of personal non-property rights that ensure the natural existence of an individual. In the article, the notions of personal non-material benefit and personal non-property right have been formulated; the personal non-property rights, which provide the natural existence of an individual who is the object of protection, have been characterised in details; propositions regarding addressing certain legislative and practical gaps and contradictions have been presented. Also, the specific features and concepts of the protection of personal non-property rights that provide the natural existence of an individual have been determined.
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Kovbasa, K. P., and A. O. Dutko. "Personal non-property rights of the patient – types, methods and forms of protection." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 50–55. http://dx.doi.org/10.24144/2788-6018.2022.03.9.
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The article emphasizes that at today's stage of development of Ukrainian society, the problem of legal regulation of relations in the field of health care is extremely relevant. The patient is the main participant in medical legal relations, therefore, important attention should be devoted to the study of his personal non-property rights and their protection. The authors highlight the features and main features of the patient, his personal non-property rights and obligations, methods and forms of protection of the patient's personal non-property rights. It is concluded that a patient is a natural person who receives medical care for any disease, pathological condition or other health and vital activity disorder, and also uses medical services regardless of the presence of a disease. The legal structure of the mechanism for protecting the patient's rights is given, which includes the object, subjects, forms and guarantees of protection. The article emphasizes that the institution of protection of personal non-property rights of the patient is insufficiently regulated in the legislation. Special attention is paid to the patient's right to seek protection from the European Court of Human Rights. The authors point out that there is still a need to improve relevant current regulations in order to ensure conditions for health protection of citizens and the realization of the right to health care. It is concluded that there is a need to adopt a separate regulatory act - the Law of Ukraine "On the Protection of Patients' Rights", which would correspond to modern realities and reflect the basic principles of the protection of patient rights, which would include the main issues of legal regulation of relations between medical institutions, doctors and patients regarding provision of medical care, mechanism of legal protection for both patients and doctors.
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Bussman, John F., and James Lasseter, Jr. "Taxpayers Rights And IRS Obligations Before And After The 1988 Taxpayers Bill Of Rights." Journal of Applied Business Research (JABR) 7, no. 1 (October 20, 2011): 112. http://dx.doi.org/10.19030/jabr.v7i1.6268.
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Greater protection for taxpayers is an idea whose time has finally arrived. The greater protection provided by the Taxpayer Bill of Rights, included in the Technical and Miscellaneous Revenue Act of 1988 (TAMRA) is a good start in consumerism but it does have significant limitations. Surprisingly, along with the greater protection taxpayers have under the new law comes even more accountability by taxpayers to the Internal Revenue Service. This article addresses these new protections, their limitations and the new accountabilities by taxpayers to the IRS.
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Drobiazko, Volodymyr. "Protection of technical means of protection and information on rights management in the European Union." Theory and Practice of Intellectual Property, no. 3 (August 9, 2022): 46–53. http://dx.doi.org/10.33731/32022.262621.
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Keywords: copyright, work, performance, phonogram, technical means of protection,information on rights management, digital networks
The article is devoted to the studyof such aspects as protection of technical means of protection and information on themanagement of rights in the European Union. These protections are provided for thefirst time in Articles 11 and 12 of the WIPO Copyright Treaty (WCT) and Articles 18 and19 of the WIPO Performance and Phonograms Treaty (WPPT). Each of the WIPOtreaties contains almost identical provisions obliging Member States to prevent circumventionof technical measures used to protect works, performances, and phonograms andinformation on rights management.The implementation of the above provisions of the WCT and the WPPT is devoted toChapter III «Protection of technological measures and information on rights management» (Articles 6, 7) of Directive 2001/29/EC of 22 May 2001 on the harmonization of certainaspects of copyright and related rights in the information society. Article 6 of the Directiveobliges EU Member States to provide adequate legal protection against the circumventionof any effective technical measure by a person who knows or should be aware for obvious reasons that he is pursuing such a goal. According to Article 7 of theDirective, the EU Member States are obliged to provide adequate legal protectionagainst all persons who knowingly commit unlawful acts regarding rights managementinformation.The provisions of Articles 7 and 8 of the Directive are incorporated into the domesticlaw of the EU Member States. The article analyses the relevant legal provisions of Germany,Austria, Greece, and Denmark. Thus, the German Law of September 10, 2003 onthe Regulation of Copyright and Related Rights in the Information Society introducedinto the Law on Copyright and Related Rights the regime of legal protection of technicalmeans of protection and information on rights management (paragraphs 95a–95d) andremedies rights (p.108b–111a), which prohibits the circumvention of mechanisms designedto protect works and other protected objects from unauthorized control.In Ukraine, the protection of technical means of protection and information on rightsmanagement is provided by the Law on Copyright and Related Rights, Article 1 of whichdefines the terms «information on rights management» and «technical means of protection», and Article 50 lists illegal acts protection and information on rights managementare classified as infringements of copyright and related rights. The subject of copyright orrelated rights may sue the person who infringes the right to technical remedies and informationon rights management.
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Barabash, Olha, and Diana Yatskiv. "Information rights as a component of the fourth generation of human rights." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 27–31. http://dx.doi.org/10.36695/2219-5521.1.2021.03.
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The article examines information rights as a component of the fourth generation of human rights. It is emphasized that the fourthgeneration of rights is forming in the modern post-industrial society, in which the active development of information technology is ta -king place. The fourth generation of subjective human rights consists of the right to information and information systems. It is emphasizedthat nowadays information technology has a significant impact on the status of individuals, the realization of their rights and requirea review of legal regulation at both international and national levels. It is noted that the right to information, which is enshrined in theConstitution of Ukraine, consists of particular provisions representing independent subjective rights. In general, they can be divi ded intotwo groups: ‘rights to the right’ (freedom of thought and freedom of speech, freedom of the media, right to freely collect, store, use anddisseminate information in any lawful manner, right of everyone to reliable information about the environment) and rights to exercise therights of the first group (here the emphasis is mainly placed on forms of information dissemination, on storage and use of documentedinformation, on information technology and information protection, on protection of human and civil rights and freedoms in the proces -sing of personal data, including protection of rights to privacy, personal and family secret). It is concluded that change in the developmentof the information society clearly indicates that information technology (in particular, the right to information as a fourth generation right)is changing all generations of human rights. Therefore, the increase in the amount of information belonging to a person puts forward newrequirements for legal methods of protecting the human right to information. Timely response to alterations in the information sphere,including in the field of electronic interaction between citizens and the state, will allow developing new ways to ensure the human rightto information, the realization of which can accelerate the legal development of Ukraine in a post-industrial information society and therule-of-law state, protecting the information sphere of everyone no less than other, more traditional rights and freedoms.
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Kanaryk, Yu S., and B. G. Surzhok. "PROTECTION OF PATENT RIGHTS AND KNOWLEDGE RIGHTS." Law Bulletin, no. 16 (2020): 107–12. http://dx.doi.org/10.32850/lb2414-4207.2020.16.13.
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A., Pekar. "The right to protection against unfair use of the means of individualization: content and features." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 313–18. http://dx.doi.org/10.33663/2524-017x-2020-11-53.
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The article deals with the nature and features of the right to protection against unfair use of the means of individualization. It is argued that it is inappropriate to distinguish the right to protection against unfair use of the means of individualization in the structure of intellectual property rights from the right to protection of economic competition. Based on a system analysis of the legislation, scientific literature review, and the practice of its application, the right to protection is classified in an objective and subjective meaning. In its objective meaning, the right to protection against unfair use of the means of individualization is a component of the right to intellectual property, to protection against unfair competition. The subjective right to protection against the unfair use of the means of individualization is an independent right. The following features of the right to protection against unfair use of the means of individualization are identified on the basis of the analysis. The objective right to protection against unfair use of the means of individualization is characterized by a set of civil law rules governing relations in the field of intellectual property rights and economic competition and determining the grounds, forms, procedure and methods of protection of such rights. This right combines two components: the protection of intellectual property rights and economic competition relations. The subjects of this right are economic entities. At the same time, the exercise of the right to protection in connection with the violation of the law on protection against unfair competition ensures the protection of consumers’ rights, as it guarantees them good quality goods on the market. The object of this right is relations in the field of intellectual property rights and economic competition. The subjective right to protection against unfair use of the means of individuation is the use of a provided by law capacity to renew, recognize or award the right to use the means of individualization by an economic entity. Such subjective right is characterized by the following features: it always implies the implementation of active actions, the possibility of choosing the forms and methods of protection. Keywords: means of individualization, unfair use, right to protection, objective right, subjective right, intellectual property rights, unfair competition.
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Dr Pippie Hugues. "Child’s Right Protection in Cameroon." Zien Journal of Social Sciences and Humanities 29 (February 22, 2024): 11–21. http://dx.doi.org/10.62480/zjssh.2024.vol29.pp11-21.
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Children are human beings below the age of 18 years. They are distinctive and privileged since they are a vulnerable group of human beings. Children have human rights such as the right to education, health and a standard of living. These rights have to be respected and protected. As per the Triple Prong Theory of Protect, Promote and Fulfil, it is the responsibility of the state to ensure that its citizens enjoy their human rights. The ideas that animated children’s right movement developed after the Second World War and the atrocities of The Holocaust. Children are often victims of bad treatment, negative social and cultural practices, sexual abuse and all forms of economic hazardous exploitation. This research exposes child labour as a major infringement of child rights that needs to be eliminated. Children engage in this activity out of desperation or are forced. Although they are coming from poor families, some of them have to work. Others are trafficked and forced to work in plantations while others are in commercial sexual exploitation. It therefore becomes necessary to investigate on activities violating children’s rights and possible mechanisms. This paper makes use of an in-depth analysis of International legal instruments protecting children’s rights at the international level. These international legal instruments are ratified and applied with other national instruments protecting children’s rights, yet, these rights are still violated. It is recommended that measures should be taken to intensify the fight against child labour in the area of education. Cameroon has a good legal framework for the protection of children’s rights. However, child labour which is manifested in its various forms only suggests that more is expected from the government in protecting children’s rights.
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Fayez Ahmed AL-BZOUR, Omar. "JUVENILE RIGHTS IN PALESTINIAN LAWS AND INTERNATIONAL CONVENTIONS." RIMAK International Journal of Humanities and Social Sciences 4, no. 6 (November 1, 2022): 153–85. http://dx.doi.org/10.47832/2717-8293.20.10.
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This study compares the rights of Juveniles under Palestinian law to those under international treaties. In the Palestinian Children Act, No. 7 of 2004, and Act No. 4 of 2016 on the protection of the juvenile, both of which are compliant with international treaties on children, the Palestinian legislator addresses the rights of children and youth at various levels of criminal proceedings. Additionally, the study demonstrates how Islam, which has a profoundly thorough concern for every aspect of children’s life, upholds the rights of children. At both the international and national levels, the topic of children's rights is of tremendous importance. One of the main goals the State now strives to achieve is the safeguarding of fundamental rights. The children’s rights go beyond the fundamental protections provided by numerous statutes and laws but also encompass protections and rights at every stage of the criminal justice system to ensure juveniles are treated fairly and with the greatest possible regard.Given that this group may be marginalized in society, which may not draw the notice or sympathy of public opinion or the government, it is feasible that their rights may be violated without attracting considerable attention.Among the most egregious breaches perpetrated against Palestinian children are the continual atrocities committed by Israeli occupation forces in the Palestinian territories, which violate all child-protection legislation and agreements, as well as the provisions of international humanitarian law, which provide two types of protection for children: general protection for not participating in hostilities, and particular protection for children who are victims of war crimes.As a result, civil society organizations play an important role in defending and protecting children, as well as monitoring the laws that safeguard them. Keywords: Juvenile Rights, Palestınıan Laws, International Conventions
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Koroied, S. O. "Transformation of the procedural powers of the court regarding the application of a proper and effective way of protecting civil rights." TRANSFORMATION LEGISLATION OF UKRAINE IN MODERN CONDITIONS DOCTRINAL APPROACHES AND MEASUREMENTS, no. 14 (September 1, 2023): 157–64. http://dx.doi.org/10.33663/2524-017x-2023-14-157-164.
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The article focuses on the problem of rejection of the claim due to the plaintiff’s choice, although provided by law or contract (that is, proper), of an ineffective way of protecting the violated right in a specific legal relationship. The mentioned problem is considered in the context of the new draft law, which proposes to establish a ban on the refusal to satisfy the claim on the grounds of the plaintiff’s choice of an ineffective method of defense, if such a method is provided for by law or contract. The need to transform the procedural powers of the court regarding the application of a proper and effective way of protecting civil rights is substantiated. A scientific and practical analysis of specific judgments of the Supreme Court is carried out, in which a position is expressed regarding the proper and effective way to protect civil rights. The concept of ways to protect civil rights through the disclosure of their purpose is characterized. An understanding of the concept of an appropriate way of protecting rights is given. The ratio of features of propriety and efficiency, as well as the conditions of application of such methods of protection, is determined. The conclusion is argued, if the plaintiff has chosen a specific method of protecting his right and such a method is appropriate (that is, provided by law or a contract for disputed legal relations and corresponds to the nature of the delinquency), then due to the principle of dispositivity, the court has no grounds to refuse in granting the plaintiff of protection in the method chosen by him, since such a method must be recognized as effective under any conditions, because, given its consolidation in the norms of material law for specific disputed legal relations, it will necessarily lead to the material and legal consequences required by the plaintiff. At the same time, it is concluded that it is worth talking about effectiveness only in the aspect of the court’s application of a method of protection not provided for by law or contract. It is substantiated that since the task of civil proceedings is addressed specifically to the court, therefore, consideration and resolution of civil cases by the court should be carried out specifically for the purpose of effective protection of violated rights. Therefore, it is emphasized that it is the court that should be entrusted with full responsibility for the effective restoration of rights, and therefore the duty to choose the correct method of protecting the violated right, effective and adequate in the specific disputed legal relations of the parties, with consideration of the factual circumstances of the case established by the court. In this regard, it is justified that the method of defense specified by the plaintiff in the statement of claim should not be decisive for the court, if the court comes to the conclusion that, under the specific circumstances of the case, the method of defense chosen by the plaintiff is not appropriate, but to eliminate the legal dispute and protect the violated rights of the plaintiff will be possible only in another way, not provided for by law or contract (but which will be effective). At the end, it is stated that relevant legislative changes, which would provide grounds for the protection of civil rights (in particular, features of possible violations of civil rights), determine the purpose of protecting civil rights (because efficiency will be determined precisely by comparing the declared goal with the obtained result), as well as establishing the conditions for providing legal protection (taking into account the grounds for applying an appropriate and/or effective method of protecting civil rights). Key words: civil rights, violation, legal protection, method of civil law protection, proper method, effective method, plaintiff, court, civil process, provision of protection, effective protection of rights