Human Rights
Anahit Chilingaryan; Mariam Antonyan
Abstract
Persons with psychosocial and intellectual disabilities are particularly vulnerable during emergencies, such as armed conflicts, primarily when confined in large institutions, making them entirely dependent on them. Adequate protection measures and treatment are necessary to ensure their safety during ...
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Persons with psychosocial and intellectual disabilities are particularly vulnerable during emergencies, such as armed conflicts, primarily when confined in large institutions, making them entirely dependent on them. Adequate protection measures and treatment are necessary to ensure their safety during such situations. This article examines how the absence of community-based services for people with psychosocial and intellectual disabilities and their institutionalization affects their protection during armed conflicts. The conclusion drawn is that protection mechanisms for people with psychosocial and intellectual disabilities before, during, and after military conflict, as well as the implementation of International Humanitarian Law norms, should be based on the principles of autonomy, equality, and the rights of people with disabilities in accordance with the United Nations Convention on the Rights of Persons with Disabilities. Furthermore, the lack of community-based policies may lead to the forced institutionalization of individuals with psychosocial and intellectual disabilities who are displaced.
Human Rights
Amin Mohammadzadeh
Abstract
The present study was conducted with the purpose of a legal review of the determination of the Security Committee on the development and progression of international law with an emphasis on international peace and security in international law. Given that the founders of the United Nations considered ...
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The present study was conducted with the purpose of a legal review of the determination of the Security Committee on the development and progression of international law with an emphasis on international peace and security in international law. Given that the founders of the United Nations considered the Security Committee as the most important organ, It was necessary for the organization to provide the most authority to the Council, so they gave two kinds of performance to the Council: first, the peaceful determination of disagrees, which enabled the Council to investigate and recommend a conflict. A circumstance that threatens international concord and protection, and secondly, the Council's threats to peace and aggression (Chapter VII.) In other words, the main tasks of the Council are the implementation of the sixth and seventh chapters of the Charter. Many international organizations of internal affairs manage their structure in the form of a resolution endorsed by the members. Among these executive decisions, we can decide on the formation of special organs within the organization, the acceptance of new members, the transformation of affiliated entities, budget decisions, etc. The Council could also make binding decisions since all UN member states have agreed, in conformity with Article 25 of the Charter, to make judgments of the Security Committee in accordance with the Charter. Of course, the general impression is that the Council's binding decisions are taken only in cases of "threats to peace, violations of peace or threats to peace and acts of rape". But deciding whether such conditions have been fulfilled is under the mastery of the Security Committee under Article 39 of the Charter. And as soon as the Committee concludes that there is a threat to peace or other conditions, it may advise the parties concerned or what steps should be taken to sustain peace (Article 39 of the Charter). Make appropriate decisions. The results showed that the resolutions are of particular importance in terms of plurality and power, but due to their lack of precision, their position among international sources of law has been the source of doubt and wide-ranging questions.
Human Rights
Gregorio Salatino
Abstract
This article offers a comprehensive analysis of the arguments put forth by Mr. Putin during his address to the citizens of Russia on 24 February 2022, where he announced a “special military operation” in Ukraine. The author critically examines these arguments through the lens of international ...
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This article offers a comprehensive analysis of the arguments put forth by Mr. Putin during his address to the citizens of Russia on 24 February 2022, where he announced a “special military operation” in Ukraine. The author critically examines these arguments through the lens of international law, providing an in-depth analysis of their legal implications. In particular, the article begins with some key excerpts from Mr. Putin’s address on 24 February 2022. Afterwards, in order to clarify the framework that surrounds the circumstances under examination, the article provides a general overview of the fundamental principles of International Law. The article then delves into the issues of NATO expansion to the East and the situation in the People’s Republics of Donetsk and Luhansk. Additionally, the article explores Mr. Putin’s use of the term “special military operation” (rather than “war”) and the concept of “denazification”, shedding light on these terms.
Human Rights
Taha Mousavi Mirkalaei; Savalan Mohammadzadeh
Abstract
The present article includes a comparative study of the Islamic and Western approaches to human rights, and the general orientation of this review concentrates on the Universality and Relativism of human rights. The Western approach claims the universality of these rights and believes they are ultra-spot ...
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The present article includes a comparative study of the Islamic and Western approaches to human rights, and the general orientation of this review concentrates on the Universality and Relativism of human rights. The Western approach claims the universality of these rights and believes they are ultra-spot and timeless, despite the diversity of cultures, ethnicity and religions. Thus, it supposes its innovative human rights are extensible elsewhere in the world. The Islamic approach, emphasizing Human Nature as a common unity of all humans, also believes in universal ultra-spot and timeless human rights. However, it essentially and fundamentally disagrees with the western approach. Meanwhile, religious intellectualism accepts the universality of western human rights despite relying on the philosophical foundations of relativism. The present article analyses the existing duality in the positions of intellectualism due to the current dialectic between Islam and western human rights law.
Human Rights
Fiston Le Bref Kalombo Kandu Mwabilay
Abstract
L’esquisse de la problématique des limites au pouvoir congolais de révision constitutionnelle communément appelées « dispositions intangibles » ou « clauses pétrifiées » - “ cláusulas pétrias ...
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L’esquisse de la problématique des limites au pouvoir congolais de révision constitutionnelle communément appelées « dispositions intangibles » ou « clauses pétrifiées » - “ cláusulas pétrias ” comme dit au Brésil ou encore « clauses d’éternité » a consisté de manière pragmatique en l’analyse de la véritable nature de ce pouvoir. Puisque les articles 219 et 220 de la Constitution posent des bornes à l’exercice du pouvoir congolais de révision constitutionnelle. L’article 218 quant à lui, détermine les conditions à suivre pour réviser. Il est par la suite question de l’étude de ce qui est fondamentalement congolais dans l’élévation de certains principes au rang des principes constitutionnels intangibles. Ces principes ainsi élevés constituent-ils des véritables règles juridiques ou des clauses morales dépourvues de plus-value juridique ? Sont-ils des règles imparfaites ? Telles sont les axes de réflexion de la présente réflexion et les perspectives sans doute nombreuses qu’elle appelle.
Human Rights
Sreenivasulu N S
Abstract
The COVID-19 pandemic has created an unprecedented scene and situation across the globe in terms of the health of people at large. Hitherto unknown, unheard and unprecedented health emergency it has created which was never foreseen and anticipated by any wild stretch of the imagination by anyone. It ...
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The COVID-19 pandemic has created an unprecedented scene and situation across the globe in terms of the health of people at large. Hitherto unknown, unheard and unprecedented health emergency it has created which was never foreseen and anticipated by any wild stretch of the imagination by anyone. It has called for Resolution of the World Health Assembly[1], which recognizes that the COVID-19 pandemic has an impact on the poor and the most vulnerable, with repercussions on health and development gains, in particular in low-income countries. It further calls on cooperation between multilateral organizations and other stakeholders and the World Health Organization (WHO) to identify and provide options that respect the provisions of relevant international treaties, like the TRIPS Agreement and the flexibilities within TRIPS Agreement for ensuring Public Health. It is indeed required that, as proposed in the Doha declaration, flexibilities within the TRIPS agreement be used in protecting public health at large in the COVID pandemic times. Such flexibilities could include scaling up the development, manufacturing and distribution of medicines, including the vaccines, injunctions, capsules and tablets used in treating the COVID at present. It is also required that capacities be built for transparent, equitable and timely access to quality, safe, affordable and efficacious diagnostics, therapeutics, medicines, and vaccines for the treatment of COVID. It can be ensured only by using the flexibilities under international agreements like TRIPS while promoting the innovation in pharma for finding better solutions for COVID. [1] World Health Assembly (WHA) Resolution 73.1 of 19 May 2020,
Human Rights
Shelal Lodhi Rajput
Abstract
This paper deals with the concept of constitutional morality in all and all in the Indian constitutional law context with a highlighting present development in the judiciary. The paper has covered all the fundamental aspects of doctrine of constitutional morality in toto from its source, significance ...
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This paper deals with the concept of constitutional morality in all and all in the Indian constitutional law context with a highlighting present development in the judiciary. The paper has covered all the fundamental aspects of doctrine of constitutional morality in toto from its source, significance and much more. The doctrine of constitutional morality is explained in details with its many meaning according to different notions of various scholars from George Grote’s history of Greece to the recent development of doctrine in the Indian context by judges in landmark judgements of Apex court. The paper deals with the true sense of doctrine of constitutional morality as what does it exactly means? Along with the ongoing debate as how this doctrine is just a weapon in the hands of Indian judiciary due to its wider scope and no reasonable restrictions on judiciary to use it by judiciary.
Human Rights
Maria Stefania Cataleta; Anna Cataleta
Abstract
Artificial Intelligence (AI) is a kind of intelligence that was born in the 1950s and is an integral part of the digital revolution. Progress made by AI has permitted the birth of systems capable of rivalling human capacities or, in some cases, surpassing them. The progress of the intellectual capacities ...
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Artificial Intelligence (AI) is a kind of intelligence that was born in the 1950s and is an integral part of the digital revolution. Progress made by AI has permitted the birth of systems capable of rivalling human capacities or, in some cases, surpassing them. The progress of the intellectual capacities of AI will change the way of life for human beings and will revolutionise the world of employment. Intelligent systems present problems regarding individual rights and responsibilities, because as technology replaces more and more of what humans have typically done, our individual roles will become more blurred. The goal of this analysis is to measure the developments of AI in relation to its impact on society, in particular on human rights, fundamental liberties, and ethics. This is an unexplored topic within the vast field of AI upon which this paper will expound.
