Restrictions on Human Rights and Freedoms in Modern Conditions: Theoretical and Practical Aspects

Mernyk, A; Kuzmina, V.O.; Burlakov, B.M.

doi:10.32782/2524-0374/2020-2/9

Cited by 5 publications

(1 citation statement)

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“…In this case, a person, his rights and freedoms are the highest value. Mernyk et al (2020) prove that constitutional provisions are built in such a way that does not enable any additional content. This means that the imperatives of implementing the state policy of ensuring human rights in the field of security are established at the level of the national constitution.…”

Section: Literature Reviewmentioning

confidence: 99%

Balance of Private and Public Interest Law in Matters of Restricting Human Rights for the Purposes of National Security

Stetsenko,

Havronska,

Makarova

et al. 2023

Acad. J. Interdiscip. Stud.

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The work deals with the issues of determining the balance of private (individual) and public (state) interests in terms of admissibility of limiting human rights and freedoms in cases where it increases or prevents threats to national security. This was the aim of the study, as this issue has become highly relevant because of the growing number of hybrid threats to national security, which can be countered through the introduction of separate restrictions on human rights by the state. The systemic approach, the hermeneutic, and doctrinal approach were used to conclude that almost all constitutions, constitutional acts and constitutional laws of the EU and NATO member states provide for the possibility of restricting human rights. Such restrictions are imposed for the purposes of national security, public necessity or national interests of the state. Moreover, the list of cases where the restrictions on civil rights may be applied in the national security interests in national legislation is often much wider than in international legal acts. This demonstrates the primacy of national interests over individual interests, which is defined by national legislators as the common good at the constitutional level. The lack of detailed cases and models of state response to these processes determines the conclusions on the need to introduce a system of legally determined conditions for the application of restrictive measures. That is why further research should focus on identifying and detailing the criteria for applying measures to restrict civil rights for the purposes of national security at the constitutional level. Received: 15 May 2023 / Accepted: 21 June 2023 / Published: 5 July 2023

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Section: Literature Reviewmentioning

confidence: 99%

Balance of Private and Public Interest Law in Matters of Restricting Human Rights for the Purposes of National Security

Stetsenko,

Havronska,

Makarova

et al. 2023

Acad. J. Interdiscip. Stud.

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Peculiarities of observing human rights in the conditions of emergency legal regimes caused by the pandemic

Rastorhuieva

2022

VNUAF

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The article is devoted to the study of the pandemic as a legal prerequisite for the introduction of certain mechanisms for the observance of human rights in the conditions of emergency legal regimes and to the identification of certain features of the observance and guarantee of these rights. A number of domestic and foreign legal acts regulating the introduction of the state of emergency have been analyzed. The main purpose of introducing a state of emergency has been determined. The list of reasons for restricting human rights has been analyzed and attention has been drawn to international experience in preventing this negative phenomenon. It has been noted that each state operates with a sufficient amount of information in order to determine the level of public danger and thereby answer the question: if it is appropriate to limit human rights. State authorities within their competence are authorized to make decisions regarding the scope and nature of human rights restriction. The state, assessing a certain emergency situation, must do it correctly from the danger of the situation point of view and taking into account the relevant factors (whether there is public danger that threatens the life of the nation), if necessary, declare a state of emergency to combat it. A classification of legal regimes has been carried out, which include extraordinary and hybrid ones. It has been noted that the main difference between them lies in the constitutionalization of the first ones, which provide for a rather significant retreat of the state from ensuring a number of human and citizen rights and freedoms. Attention has been focused on the fact that, since a state of emergency can lead to the restriction of human rights, it is necessary to turn to the international experience of preventing this negative phenomenon. There are three main tools that human rights law uses to deal with emergencies: human rights exceptions; restriction of human rights; derogation of rights. Taking into account the peculiarities of the emergency situation, it is possible to limit the scope of human rights necessary to overcome the emergency situation, however, at the regulatory level, the list of constitutional rights and freedoms that may be limited and on what grounds should be clearly established.

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Universality of human rights: general theoretical characteristics

Kholod

2024

VNUAF

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The article examines the general theoretical characteristics of universal human rights. It is noted that human rights are an integral part of human dignity, they define the essence of humanity, and represent the limits of state power in relation to the individual. It is emphasised that today there is no single approach to substantiating the theory of human rights. The article emphasises that every person is endowed with universal, inalienable and inalienable rights, which are called human rights. It is established that the universality of human rights is clearly enshrined and recognised in numerous international legislative acts. The author emphasises that the universal nature of human rights and freedoms enshrined in the Universal Declaration of Human Rights is beyond doubt. A number of approaches to the understanding of human rights are investigated. It is determined that the universality and full observance of human rights is an ongoing process that requires constant attention and global cooperation. It is noted that human rights are an integral part of human dignity; they are the fundamental principles which define the essence of humanity and apply to every individual. These rights are conditioned by the universal principles of justice and dignity, which must be protected and guaranteed by the State. The author establishes that universal rights are inalienable, since a person cannot be deprived of them without violating the basic principles of justice. These rights create the limits of state power, emphasising that the state must protect and respect the rights of every individual. In essence, human rights cover a wide range of aspects, such as the right to life, liberty and security of the person, freedom of thought and expression, the right to education, work and an adequate standard of living. These rights are the basis for the development of a just and humane society. It is noted that human rights are universal and inalienable in any cultural or geographical context. Ensuring their respect and observance is the responsibility of both the individual state and the international community. Violations of human rights not only violate the basic principles of justice, but can also lead to serious social and political consequences.

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Restrictions on Human Rights and Freedoms in Modern Conditions: Theoretical and Practical Aspects

Cited by 5 publications

References 0 publications

Balance of Private and Public Interest Law in Matters of Restricting Human Rights for the Purposes of National Security

Balance of Private and Public Interest Law in Matters of Restricting Human Rights for the Purposes of National Security

Peculiarities of observing human rights in the conditions of emergency legal regimes caused by the pandemic

Universality of human rights: general theoretical characteristics

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