In the current socio-political conditions of crisis, which has been acutely taking place in Ukraine in recent months, real citizens' ability to effectively implement the rights and freedoms are declared by the state takes on special significance. As we know, there are several levels of providing of the rights and freedoms: political, socio-economic and legal. The last is the normative basis in the process of the citizens' rights implementation. State, in the face of its authorized agencies and officials, has obligation to create appropriate conditions for the optimal functioning of the civil society institutions, in particular the ensuring of the high level of the rights realization, which is achieved via the number of legal remedies that …show more content…
In our opinion, development of the system of the human rights protection should occurs in the context of rationalization and optimization by simplifying its main procedures without lowering the level of general legal guarantees. These conditions of the legal proceedings are described in the Convention for the Protection of Human Rights and Fundamental Freedoms, and they has been repeatedly applied by the European Court of Human Rights, also in more than 200 decisions in cases of the violation by Ukraine article 6th of the Convention.
Also, attention is drawn to the economical limitations of organizational character, which in some cases discourage to implementation and protections of human rights through appeal to the authorities, although it has all the formal possibilities. This leads to searching of effective mechanisms to eliminate financial barriers, such as studies and adaptation an institute "poverty law", payment of court fee in installment and etc.
Certain problems in the implementation of guaranteed rights arise because of the lack of legal awareness of citizens. These barriers are usually eliminated by using the high-quality providing legal aid and raising the common level of the legal awareness.
In the context of the recent events taking place in Ukraine we may note that legal remedies,
Nevertheless, the government is the sole authority that can guarantee the protection of human rights and freedoms. It is responsible for putting in place the necessary laws and policies to protect and safeguard the rightful enjoyment of human rights among its citizens. In this case, the government, therefore, act as the custodians of human rights, and they are responsible for any acts that are committed against the enjoyment of a person’s freedom. Thus, the state is the guarantor and protector of human rights. However, at times the government itself may carry itself in an irresponsible manner by being the violators of human rights in occurrences such as genocides.
In order to discuss the violation of human rights in Honduras, it is important to address what exactly are the human rights for the purpose of this paper. While OHCHR states that human rights are “rights inherent to all human beings,” this definition is too broad to narrow down. Thus, human rights will be defined as rights that allow every human to achieve the basic levels of the Maslow’s triangle. The
Legal rights and protections are meaningless of those in need of the justice system cannot access it. “The myth of a single level playing field, however, ignores that the field is more level for some groups than for others – real-world inequities remain for racial and ethnic minorities – and implicitly legitimates hierarchies” (Daum & Ishiwata, 2010, p.844). Under the constitution the government is obligated to level the playing field for the historically disadvantaged groups by not abstracting them from their real-world circumstances. Thus creating the need for the government to provide publicly funded legal aid to address the financial and accessibility obstacles those living in poverty face. Although the right to access the justice system is formalized in the Charter providing formal
We are aware that there are a lot of people who cannot afford to pay for legal services. Therefore, they are unable to plead their case appropriately, and many times, even lose their right.
The state of the welfare state is a continuously interesting and important theme in any field of study that is on social justice. The theme can be studied from many perspectives and some sort of multidisciplinary focus is usually necessary. Different views are deeply connected when there is a shared goal of securing the welfare state. The standpoint of this paper is both judicial and philosophical. The subject of the study is the existing legal reality and its specification. On the other hand, this paper includes normative philosophical considerations. The frame this problem-based research project is operating is social rights and the foundations of defining them. Social rights in general are at the core of the welfare state, building
The law needs to be a product of its environment where needs of the most vulnerable should be addressed more, for the legal system to be entirely effective in its place in modern society, responding to society and their attitudes.
‘EU policies and EU legislation need to be based on objective, reliable and comparable date on the respect of fundamental rights in the EU.’ After enforcing the Charter of Fundamental rights as primary law, the national courts have been using the Charter frequently on different cases. The Charter had a great impact upon the nationals Court’s decision on protecting social rights related to employment and labour law. This essay will focus on the development of the Charter within the EU law through different cases. The first part of the essay will be based on a historical background, to give a better understanding of the social rights and the development and evolution of those rights throughout the years. The second part of
The Access to Justice Gap means that there are more people who are eligible for legal assistance but there are not enough lawyers to accept their cases. This is a growing inequality. This is relevant because is shows the inequality within the system. There are cases that possibly should go to court but without legal assistance especially to those who cannot afford it, there is no possible way for them to
This paper will analyze one of the most fundamental rules of law in criminal law, the Principle of Legality under the European Court of Human Rights (ECtHR) found in Article 7 ECHR. “Nullum crimen sine lege, nulla poena sine lege” (“no crime without law, no punishment without law”- NCSL), is often referred to as the Principle of Legality in many legal contexts. It is considered a human right and also at the heart of many national criminal legal systems. It is a crucial element of legal defense to a criminal prosecution in which no crime or punishment can exist without a legal ground. It is a guarantee of human liberty; it ensures the fairness and transparency of the judicial authority and it protects individuals from state abuse and
By late 1986, the Gorbachev era was stressing anew the importance of individual rights in relation to the state and criticizing those who violated procedural law in implementing Soviet justice. This signaled a resurgence of socialist legality as the dominant trend. It should be noted, however, that socialist legality itself still lacked features associated with Western jurisprudence. In particular, the ultimate control of the legal system lay with the party leadership, which was not democratically elected by, and therefore not responsible to, the public at large.
The aim of this essay is to explore whether freedom and equality is founded on natural moral principle or whether it is to an extent an artificial creation created by the political institution. To an extent, I do agree that freedom and equality are based on natural moral principles because during the state of nature human beings are able to enjoy freedom and equality as these seem are the rights that humans are borned along with. Therefore, it is sufficient to say that they exist in respect of the nature and with the intention from the God. This idea is further supported by many different philosophers such as John Locke and Thomas Aquinas. However, to a certain extent, I believe that political intitution such as law is an artificial tool to help restore freedom and equality in a society so that people can still enjoy these rights. Through the theory of social contract, it clearly shows that law plays an important role in enforcing the instead of the artificial creator of these rights.
Human has many fundamental rights and freedoms to which all humans considered entitled the right to life, liberty, freedom of thought and appearance, and equal treatment before the law, among others. These rights represent entitlements of the individual or the government, as well as responsibilities of the person and the government authorities’ these rights often advanced as legal rights and protected by the rule of law. However, they are distinct from and before the law, and can be used as standards for formulating or criticizing both local and It is typically thought that the conduct of governments.
It can be hard to deduce the appropriate equivalence between by oneself’s rights and the public’s protection (Inbau, 1999). There are some countries where the residents do not have freedoms, and in the name of national preservation, the government can go overboard. The inhabitants of these countries endure in constant dismay of authoritative encroachment, the removal of a loved one, or tighter restraints on movement, communication, and affiliation (Ferdico,
Judicial Activism has opened up new dimensions for the judicial process and in the administration of justice and has given a hope of the justice to the million starving people. The Fundamentals Rights enshrined in the Constitution have no meaning for the large masses of people who are leading a life a poverty and destitution, unless a socio-economic structure in which these rights become meaningful for them is created. The concept of Public Interest Litigation intended to bring justice within the reach of poor masses and to people who are not in a position to have access to Courts. It was initiated for the benefit of a class of people, who had been denied their constitutional and legal rights as they could not have access to the Courts on account of their socio-economic disabilities. Public Interest Litigation or PIL is understood and treated as the citizens’ invocation and the use of the delivery of legal services in aid of and as a tool of administration of justice.
The main aim of the Legal Literacy Programmes is to make the marginalized section aware about it, to bridge the gap between the common mass and the judiciary, to strengthen rural people so that they know and understand the primary levels of laws, recognize them and challenge injustices much more forcefully, and to make justice accessible to them. These programmes consist of simplifying law and thus making it easier for the common people to comprehend its various aspects.