Modern Concept of Understanding the Human Right to Life

Dzhuska, A.; Kaminska, N.; Makarukha, Zoryana M.

doi:10.36740/wlek202102131

Cited by 3 publications

(3 citation statements)

References 13 publications

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“…З цього виходив український законодавець, закріпивши в ст. 13 Конституції положення про те, що власність зобов'язує й що вона не повинна використовуватися на шкоду людині та суспільству, що держава забезпечує захист прав усіх суб'єктів права власності й господарювання, соціальну спрямованість економіки, а в частині восьмій ст. 41 Основного Закону підкреслюється, що використання власності не може завдавати шкоди правам, свободам та гідності громадян, інтересам суспільства [1, с.…”

Section: права людиниunclassified

“…Тому міжнародні організації почали розширювати поняття права на життя, включаючи до нього не тільки право на захист життя. Здійснено спроби охопити цим правом обов'язок держави підтримувати та розвивати умови для гідного життя людини [13].…”

Section: права людиниunclassified

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Ensuring the human right to an adequate standard of living: accents of modern legal regulation, practice of the Сonstitutional court of Ukraine and prospects for its improvement

Kaminska,

Dzhuska

2023

Slovo NSJU

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The article is devoted to the research of the essence of the human right to an adequate standard of living, problematic issues, and prospects for improvement of its ensuring in Ukraine. Some doctrinal sources, provisions of international legal acts, constitutional legislation of Ukraine and foreign countries, and judgments of the Constitutional Court of Ukraine are analyzed. The research is based on systematic, comparative-legal, formal-logical, formal-legal, statistical, and prognostic methods, methods of analysis and synthesis, etc. Found that the human right to an adequate standard of living is a constitutional, basic, social right of every physical person, which is guaranteed by Article 48 of the Constitution of Ukraine, as well as international universal, and regional standards and relevant acts regulating basic human rights and freedoms. This right includes the possibility to satisfy not only basic physiological (material) needs – adequate food, clothing, household, housing, etc., but also spiritual ones – education, faith, self-realization, etc. The criteria of a decent life, the components of the human right to an adequate standard of living, the institutional basis of implementation, and the system of guarantees of its ensuring are allocated. Therefore, the human right to an adequate standard of living is correlated with other rights - to life, health care, medical aid, medical insurance, and housing. The analysis of the practice of the Constitutional Court of Ukraine, in particular, decisions in cases about social guarantees of citizens, the minimum wage (tariff rate), discrimination in the implementation of the right to housing, about guaranteed pension provision, which is the main source of existence, not lower than the living wage, allowed us to pay attention on actual aspects of the components of the researched law, its effectiveness, constitutionality and legislative modernization. Emphasizing the current state of ensuring the studied right, the authors argued the need to improve the financial well-being of the population by increasing the living wage and the minimum wage in Ukraine, overcoming poverty, especially among the elderly. In particular, the need for systematic and effective implementation of the state anti-corruption and tax, humanitarian policy was emphasized. The success of such measures in order to increase the social protection of citizens, and the transformation of all spheres of life are key requirements for Ukraine's accession to the EU, which leads to an urgent process of amending and alterations to the laws and by-laws of Ukraine, improving law enforcement practice, increasing legal culture and consciousness, responsibility. It is useful to take into account the successful experience of foreign states (in particular, Germany, Switzerland, Belgium, etc.), strategies, and results of reforms in this area. Key words: human rights, right to an adequate standard of living, international standards, decent standard of living, social protection, practice of the Constitutional Court of Ukraine, constitutional guarantees.

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Section: права людиниunclassified

Ensuring the human right to an adequate standard of living: accents of modern legal regulation, practice of the Сonstitutional court of Ukraine and prospects for its improvement

Kaminska,

Dzhuska

2023

Slovo NSJU

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“…Like the perpetrators of intentional murder in Islam, the guardian of the slain victim has the right to free amnesty or reimbursement of money [diyat] or to give punishment to the perpetrators of several punishments that make him a better and more careful human being (Husni et al 2012). Secondly, the death penalty aims to protect the public from similar crimes cases (Dzhuska, Kaminska & Makarukha 2021). The implementation of the death penalty in Islamic societies is expected to prevent future crimes by providing a sense of justice and moral order (Tampubolon & Silalahi 2021).…”

Section: Death Penalty In Islammentioning

confidence: 99%

Understanding riddah in Islamic jurisprudence: Between textual interpretation and human rights

Rokhmadi

Khasan

Amin

et al. 2023

HTS Teologiese Studies / Theological Studies

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The application of the death penalty for perpetrators of riddah by fuqaha is a problematic violation of human rights. This is because there is no good reason to show that the punishment for riddah is the death penalty. The existence of the hadith which is considered to be the legitimacy of riddah punishment turns out to be very different from the reality of its application in the history of Islamic criminal law. This article aims to answer academic anxiety about the death penalty for perpetrators of riddah as a result of the ijtihad of fuqaha as well as to confirm the construction of its historical reality in state life. This article finds that some verses of the Qur’an and the hadith which are used as legal basis by fuqaha are only understood textually and treated as absolute theological verses and hadiths, but not based on historical evidence. The history of the application of criminal punishment during the time of the Prophet shows that there is no application of the death penalty to the perpetrators of riddah, except riddah which is followed by criminal acts. So it is not solely because of the act of riddah itself, but because of a greater crime against Islam. The implementation of the death penalty for the perpetrators of riddah which is based on textual interpretation of the hadith, thus has the potential to conflict with the principles of human rights and religious freedom which have been regulated in the Qur’an.Contribution: This study enriches perspectives on the meaning of riddah as one of the strategic issues in Islam and shows that a new interpretation of riddah has become an important idea to promote a peaceful and inclusive society and provide access to justice for all.

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Strengthening of the institutional capacity of the Constitutional Court of Ukraine in the conditions of modern society as a scientific and practical problem

Skrypniuk¹,

Томкіна

2021

JNALSU

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Modern scientific research of the problems of constitutional jurisdiction in Ukraine is conditioned not only by their established theoretical and practical significance for legal doctrine and law enforcement. In the context of modern global challenges and threats that inevitably affect the domestic legal order of Ukraine, taking into consideration the national problems in the field of human rights and freedoms, interaction between state and society, lawmaking, law enforcement and administration of justice, etc., the need to strengthen the institutional capacity of the Constitutional Court is an important scientific and practical task. It is aimed at strengthening the stability of the institution of constitutional jurisdiction in difficult sociopolitical situations, restoring public confidence in the Constitutional Court and the state in general, improving the legal protection of the Constitution of Ukraine and ensuring its supremacy, reviving respect for the Basic Law and the rule of law, accommodating the functioning of the Constitutional Court to the best international standards of constitutional jurisdiction. The purpose of the article is to substantiate the study of the problem of strengthening the institutional capacity of the Constitutional Court of Ukraine as a complex scientific and applied issue, which provides for its solution in the interdisciplinary scientific space. General scientific research methods, sociological method, structural-functional, as well as interdisciplinary approaches, are used. The institutional capacity of the Constitutional Court of Ukraine is considered as an institutional property of a body of constitutional jurisdiction, which reflects its organisational and functional ability to ensure the implementation of its tasks, functions, and powers under certain conditions and resources. Indicators of the institutional capacity of the Constitutional Court are efficiency, stability, and adaptability to changes. Strengthening the institutional capacity of the Constitutional Court should take place through legal support for strengthening its independence from political influence, improving mechanisms for selecting candidates for judges, modernising constitutional proceedings, developing a mechanism for the Court's interaction with the public, and so on. The main directions of the study of the institutional capacity of the Constitutional Court are determined

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Modern Concept of Understanding the Human Right to Life

Cited by 3 publications

References 13 publications

Ensuring the human right to an adequate standard of living: accents of modern legal regulation, practice of the Сonstitutional court of Ukraine and prospects for its improvement

Ensuring the human right to an adequate standard of living: accents of modern legal regulation, practice of the Сonstitutional court of Ukraine and prospects for its improvement

Understanding riddah in Islamic jurisprudence: Between textual interpretation and human rights

Strengthening of the institutional capacity of the Constitutional Court of Ukraine in the conditions of modern society as a scientific and practical problem

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