Challenges in the Implementation of International Legislative Instruments

BackgroundThe fields of human rights and public health ethics are each concerned with promoting health and elucidating norms for action. To date, however, little has been written about the contribution that these two justificatory frameworks can make together. This article explores how a combined approach may make a more comprehensive contribution to resolving normative health issues and to advancing a normative framework for global health action than either approach made alone. We explore this synergy by first providing overviews of public health ethics and of international human rights law relevant to health and, second, by articulating complementarities between human rights and public health ethics.DiscussionWe argue that public health ethics can contribute to human rights by: (a) reinforcing the normative claims of international human rights law, (b) strengthening advocacy for human rights, and (c) bridging the divide between public health practitioners and human rights advocates in certain contemporary health domains. We then discuss how human rights can contribute to public health ethics by contributing to discourses on the determinants of health through: (a) definitions of the right to health and the notion of the indivisibility of rights, (b) emphasis on the duties of states to progressively realize the health of citizens, and (c) recognition of the protection of human rights as itself a determinant of health. We also discuss the role that human rights can play for the emergent field of public health ethics by refocusing attention on the health and illness on marginalized individuals and populations.SummaryActors within the fields of public health, ethics and human rights can gain analytic tools by embracing the untapped potential for collaboration inherent in such a combined approach.

Introduction. At the present stage of development of the world political process, one of the main problems has been to ensure the effective operation of human rights protection mechanisms, both at the national and international levels. The main vocation of legal science in this area is to provide expert assessments of problematic issues and scientifically developed recommendations for improving the mechanisms of human rights protection in modern international relations and especially in crisis situations that have become almost permanent in the life of the world community. The purpose of this publication was to implement a retrospective analysis of the evolution of the development of legal consolidation of human rights at the international level and the thorny problems in this area. Summary of the main research results. Thus, this publication considers the main stages of human rights, highlights the main problems of development, outlines the place of human rights in modern international relations and presents the main characteristics of the challenges facing states in the implementation of cooperation in the field of human rights. Finding the specifics of human rights and identifying mechanisms for their formation is a separate problem for jurists. The legal aspect of enshrining human rights in international legal instruments is important in the context of modern reality. It is through the disclosure of this issue that it is possible to identify the main stages of the evolution of the consolidation of human rights in international law. Conclusions. The development of international legal consolidation of human rights has significantly influenced the evolution of international law as a whole. Under the influence of these processes, national sovereignty, as a basic principle of international law, began to take on new forms, and the individual acquired many features of international legal personality. Thanks to non-state rule-making, the sphere of consolidation and protection of human rights tends to self-development and constant adaptation to the changing needs of society in the social and moral spheres. Human rights are a cultural phenomenon that reflects the system of value orientations of a person rooted in a particular historical epoch and depends on the ideology of the world legal community. The problem of human rights, their protection from external and internal threats requires an immediate solution, making it a priority to consider legal issues among a wide range of global problems of mankind. At the same time, it must be emphasized that the democratic development of modern society and human rights are inextricably linked. This connection also implies that human rights must be recognized as legitimate as a result of democratic procedures, but outside the national legal systems there is a moral justification necessary to convince the subjects of international law that everyone, even outside the national legal system must enjoy all guaranteed rights and freedoms.

This article considers the work of John Dugard in the field of human rights and international law and the impact thereof on the South African legal landscape. After tracing the importance of Dugard's early work in South Africa in the fields of legal philosophy, human rights, and international law, the article turns to consider the later achievements in Dugard's prestigious career. The author highlights the numerous cases in which Dugard appeared as counsel before the South African courts, and considers the impact that Dugard had on the drafting of the South African Constitution in relation to international law and its use in interpreting the South African Bill of Rights. The final section of the article considers the shameful failure of the South African government to support Dugard in his bid to be appointed as a judge of the International Court of Justice. The author concludes that notwithstanding the fact that the government has not accorded him the recognition he deserves, Dugard's pioneering human rights work continues unabated in his various positions, including in his role as the UN Special Rapporteur on human rights abuses in occupied Palestine.

The work is devoted to the concept of human rights and freedoms in the context of globalization. The concept of the human dimension of globalization, the factors influencing the content of human and peoples' rights and freedoms are analyzed. In particular, human rights standards in the field of modern information technologies have been determined. It is determined that the transformation of society is due to the development of the information society and the gradual transition to a knowledge society, the impact of digitalization on all social processes. The active use of digital technologies in various spheres of life has led to the question of the need and sufficiency of human and civil rights and freedoms, and highlighted the concept of digital human rights and freedoms. Summarizing different approaches, it is determined that the globalization of human rights is a process of influencing human rights of various factors and factors of international importance (political, social, economic, information, etc.) in individual countries; the interdependence of the social status of the individual from the life of peoples and humanity as a whole and vice versa; it is the universalization of positive world experience in the field of human rights, recognition and consolidation of the universal status of human rights and freedoms, their protection at the international level. It is analyzed that personal rights and freedoms are known to be inseparable from the security of man, society and the state. Under these conditions, the problem of finding a balance between the protection of privacy, including information privacy, and the need to protect information and national security becomes relevant. That is, in the conditions of the rule of law and the development of the information society, restrictions on the arbitrary treatment of human rights, in particular in the information sphere, should be legally defined. This problem has become significantly more relevant in the current context of digital transformation and the introduction of an emergency situation related to quarantine and restrictive measures, which has helped to identify a number of important issues that need urgent attention. The transformation of society is due to the development of the information society and the gradual transition to a knowledge society, the impact of digitalization on all social processes. The active use of digital technologies in various spheres of life has led to the question of the need and sufficiency of human and civil rights and freedoms, and highlighted the concept of digital human rights and freedoms.
 Digital rights include fundamental rights, such as freedom of expression, privacy, the right to information, the right to participate in public affairs, etc., and such as the right to be forgotten, the right to anonymity, or even the right to the Internet. .
 The modern scientific literature identifies and explores such new rights as the right to be forgotten, the right to anonymity, the right to personal data protection, the right to digital education and access to digital knowledge; rights related to the protection of genetic information; the right to participate in the turnover of property in the digital sphere, etc. It is noted that the right to privacy, which is one of the main rights that embody human freedom in its negative sense, ie freedom from outside interference, is particularly vulnerable in the digital transformation era. The right to education is also actively developing in the digital age. A new right has been defined - the "right to digital death". Attention is paid to the group of digital rights, which are designed to ensure the implementation of constitutional principles in the democratic system of our state, so the category of "electronic democracy" is firmly in modern constitutional and legal usage. It is concluded that ensuring security in the information and communication environment is becoming a priority area of ​​scientific and technical activities, requiring significant attention and efforts from man, society, government agencies and legal science of the state.

In the study, the content and the normative-legal foundations of the principle of respect for human rights and fundamental freedoms are comprehensively analysed on the basis of the diversity of views existing in legal doctrine, international instruments, and judicial practice. In the first part of the study, the relevance of the topic and its main directions are identified. It is noted that the normative-legal foundations of the principle of respect for human rights and fundamental freedoms are characterised by a broader scope and a higher degree of systematic coherence compared to other principles of international law. The second part of the study analyses the principle of respect for human rights and fundamental freedoms and the key areas of activity of international organisations; finally, a number of significant aspects are highlighted by distinguishing between international organisations operating in this field. The third part examines the international legal foundations of the principle of respect for human rights and fundamental freedoms, as well as the essential characteristics of international treaties as the normative basis of this principle. In this regard, reference to specific international treaties makes it possible to arrive at well-founded conclusions. In the fourth part, a number of important conclusions are drawn regarding the content and normative foundations of the principle of respect for human rights and fundamental freedoms. One of the key conclusions is that the fundamental provisions of this principle are incorporated into the domestic legislation of States regardless of their participation in international treaties in this field. In this context, the primary purpose of the State to ensure human rights, the direct applicability of human rights, the determination of human rights standards on the basis of international treaties, and similar elements may be regarded as essential. The content of the principle of respect for human rights and fundamental freedoms has been further enriched and developed in a new dimension through the specific principles formed in the field of human rights (humanism, justice, the principle most favourable to the individual, development, etc.). Keywords: human rights, international organisations, international treaties, human rights standards, principles of international law, normative-legal foundations, international obligations, international legal custom, international judicial practice, general principles of law.

The Quest for Information Privacy in Africa: A Review Essay

In the field of science, human rights and environmental protection are multidisciplinary fields. Hence different approaches to their interaction. In the context of the historical development of human rights, the right to a healthy environment belongs to the third generation of human rights. Due to the increase in industrialization around the world and the use of technologies which main feature is the easy availability and low cost of raw materials and processes, a number of global environmental problems have appeared (ozone depletion, global warming, climate change, etc.) which required a global response. The previous approaches (Stockholm Conference, etc.) were not enough, a new concept was needed that prevents the emergence of problems. A new concept, called sustainable development, implies economic development without permanent impact on the environment. Through the principle of sustainable development, the last UN concept for environmental protection and improvement of society in all segments was formulated, called Agenda 2030. BiH is a signatory to the agenda, but main driver of progress in the field of environmental protection and human rights is BiH’s aspiration to join the EU. One of the key meeting points of human rights and environmental protection should be the rights of activists for environmental protection, resolving their legal status through a law that will recognize their importance. The EU is specifically working on this, so it is expected that BiH will also make progress in the field of better status of activists for environmental protection, through the process of joining EU.

Introduction: The issue of the relationship between international law and national legal policies in developing countries, especially in the context of human rights (HAM), is increasingly relevant in contemporary international law studies. Developing countries often face significant challenges in integrating international human rights standards into their domestic legal systems.Purposes of the Research: This study aims to analyze the influence of international law on national legal policies in developing countries in the context of human rights.Methods of the Research: The method used in this study is the normative legal research method with a literature study approach, which includes an analysis of various national laws and international legal instruments related to human rights. In addition, this study also refers to the results of academic studies, reports from international human rights institutions, and official documents from organizations such as the United Nations (UN) and the National Human Rights Commission. This approach provides a more comprehensive picture of the implementation of international human rights standards in developing countries.Results Main Findings of the Research: The results main findings of the study show that although many developing countries have ratified various international instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, their implementation is often hampered by various domestic factors. Inconsistencies between international obligations and national conditions are major obstacles, exacerbated by political instability, weak state institutions, limited resources, and tensions between international norms and local cultures. In addition, political resistance to the implementation of international human rights policies is also a significant challenge, especially in countries that prioritize political or economic interests over commitment to global human rights standards.

The article analyzes the provisions of international legal acts at the universal and regional levels (Universal Declaration of Human Rights of 1948, International Covenant on Economic, Social and Cultural Rights of 1966, Basic Principles on the Role of Lawyers of 1990, Committee of Ministers Recommendation Rec (2004) 4 to member states on the European Convention on Human Rights in university education and professional training etc.) regarding education in the field of human rights for representatives of legal professions. It is noted that representatives of legal professions who are at the center of human rights protection should be able to obtain high-quality education in the field of human rights in order to effectively perform their human rights function and prevent human rights violations. Human rights education programs were described (the UN World Programme for Human Rights Education, Council of Europe Programme for Human Rights Education for Legal Professionals). It is indicated that the UN World Programme for Human Rights Education consists of a number of stages aimed at specific issues: the first stage (2005-2009) was aimed at including human rights in the educational program of primary and secondary schools; the second stage (2010-2014) was dedicated to education in the field of human rights in the higher education system and professional training programs for teachers, lecturers, civil servants, law enforcement officers and military personnel; the third stage (2015-2019) was aimed at employees of mass media, and the fourth stage (2020-2024) identified youth as the target group. It is noted that the Council of Europe Programme for Human Rights Education for Legal Professionals (HELP) consists in strengthening the potential of judges, lawyers and prosecutors, etc. on the application of European standards in the field of human rights through online courses that cover a range of topics in this field.

Right to healthThe right to health care is enshrined in the Constitution of Zimbabwe. 11 Section 76(1) provides that "every person living with a chronic illness has the right to have access to basic health care for the illness".This section directs the state to accord the right to health to people with chronic diseases, such as women with HIV.Numerous international instruments to which Zimbabwe is a signatory recognise the right to health. 12Equally binding on Zimbabwe are regional instruments that also recognise the right to health. 13 Under Section 46 of the Constitution, Zimbabwe is obliged to abide by these international and regional instruments, since this provision requires domestication of international instruments and treaties. 14 According to Admark Moyo, a human rights lawyer, this provision mandates the consideration of the norms and values of the international community, as given in international treaties and customary international law and general principles of international law. 15Moyo further points out that Zimbabwe's obligation to observe and apply international and regional law is apparent by the virtue of it being a member state to international and regional human rights treaties. 16 On the basis of the established Zimbabwe's international obligations, the importance of the right to health as elaborated in General Comment 14 to the International Covenant on 11

The purpose of the article is to establish the scope and cover the content of the principles of implementation of international standards in the field of human rights.Results.The article, relying on the analysis of scientific views of scholars and provisions of legislation in force, establishes the scope and reveals the content of the key principles of implementation of international standards in the field of human rights.The author proves the necessity of legislating the principles of implementation of international standards in the field of human rights, which will make this activity more efficient and effective.It is established that the implementation of international human rights standards is a rather narrow and specific area of state legal influence, since it has its own regulatory framework, implementers, etc. Accordingly, its governing principles are a special set of initial ideas, a symbiosis of fundamental principles of both general and special legal nature.Conclusions.It is concluded that the topic of principles of law is relevant in the modern legal literature, and scholars are constantly engaged in a debate with each other over the content, types and place of the latter in legal reality.Moreover, when projecting the results obtained to the area of implementation of international standards in the field of human rights, we have sufficient grounds to assume that within this area, the principles form the idea of regulating proceedings and improving processes related to human rights.That is, the principles in this case are an abstract legal "foundation" of state influence through legal instruments on social relations arising from activities aimed at implementing international standards in the field of human rights.Allowing for this theoretical approach, as well as the scientific views of representatives of legal science, we conclude that the principles of implementation of international standards in the field of human rights are the guiding ideas, fundamental rules, and initial provisions expressed in the rules of legal regulations, which form the regulatory mechanism for social relations in the field of human rights, and the adoption and implementation of international standards in this area.

Human rights achieved their fu l a firmation in the period fo lowing the Second World War. Although the origins of the idea of incorporating human rights into the international legal order date back much earlier, their legal validation is primarily associated with legal instruments adopted under the auspices of the United Nations. Consequently, their specific features must be assessed in light of the normative solutions contained in the core international legal instruments. This paper wi l employ a broad methodological framework, with emphasis on the comparative method, historical method, content analysis, systematic approach, linguistic analysis of legal texts, among others. The application of these methods wi l be directed towards a better understanding of the various legal solutions which, in certain respects, exhibit significant differences. The paper wi l provide a general definition and understanding of human rights, the development of the idea of human rights at the level of legal theory, the possibility of their lawful limitation, the current state of their practical implementation, and related issues. Recognizing the importance of the practical application of human rights, the paper wi l refer to judgments of the European Court of Human Rights in Strasbourg. Particular attention wi l be paid to the judgments in which the Republic of Serbia was found to have violated human rights through various forms of conduct by state authorities. The aim of the paper is to present the field of human rights in a manner that enables the reader to properly understand their legal specificities. This aim is considered justified in circumstances where the phenomenon of human rights is widely exploited in the media across the world, often accompanied by inaccurate assessments of their scope in the practical application of legal provisions.

The article examines the issue of protection of labor rights of employees of international intergovernmental organizations by means of internal judicial mechanisms. It was noted that rights related to labor relations, including international civil servants, are guaranteed by the provisions of a number of international agreements in the field of human rights, in particular, the Universal Declaration of Human Rights of 1948 (Article 23), the International Covenant on Economic, Social and Cultural rights of 1966 (Art. 7-9). Institutional bodies, in particular, the United Nations Human Rights Committee, and the United Nations Committee on Economic, Social and Cultural Rights paid significant attention to them. It is emphasized that the protection of labor rights correlates with the right to social security and covers the right to access benefits, whether in cash or in kind, and enjoy them without discrimination in order to ensure protection. The practice of the Dispute Tribunal of the United Nations, the Administrative Tribunal of the International Labor Organization, the Administrative Tribunal of the Organization for Economic Cooperation and Development regarding consideration of labor disputes between the staff and the administration of the organization was studied. It is emphasized that the functioning of internal mechanisms and ensuring access to them is a guarantee of the protection of fundamental rights provided by international acts in the field of human rights. It is indicated that in order to establish the compliance of the internal justice systems of international intergovernmental organizations with international human rights law, the Index of Legitimacy of the Internal Justice Systems of International Organizations was created, since the internal mechanisms for resolving labor disputes may have differences due to the nature and directions of activities of an IGO, which in turn, may have an impact on compliance with the labor rights of its employees.

Stigma and discrimination constitute one of the greatest barriers to dealing effectively with the HIV epidemic, underlying a range of human rights violations and hindering access to prevention, care, treatment and support. There is some existing protection against HIV-based discrimination under international law, but the extent of states' obligations to address such discrimination has not been comprehensively addressed in an international instrument.The United Nations Convention on the Rights of Persons with Disabilities entered into force in May 2008. As countries ratify the convention, they are required to amend national laws and policies to give greater protection to the human rights of people with disabilities, including abolishing disability-based discrimination by the state and protecting persons against such discrimination by others. The Disability Convention addresses many of the issues faced by people living with HIV (PLHIV) but does not explicitly include HIV or AIDS within its open-ended definition of "disability".Therefore, the advent of the Disability Convention prompts us to consider the links between HIV and disability and, specifically, to consider the opportunities it and other legal mechanisms, international or domestic, may afford for advancing the human rights of PLHIV facing human rights infringements. We do so in the belief that the movement for human rights is stronger when constituencies with so many common and overlapping interests are united, and that respectful and strategic collaboration ultimately strengthens both the disability rights and the AIDS movements.In this article, we first examine the links between HIV and disability. We then provide a brief overview of how international human rights law has treated both disability and HIV/AIDS. We note some of the different ways in which national anti-discrimination laws have reflected the links between HIV and disability, illustrated with representative examples from a number of countries. Finally, we offer some conclusions and recommendations about ways forward for collaboration between HIV and disability rights advocates in advancing human rights at the international level, including the use of the new tool that is the Disability Convention. We hope these reflections will promote further discussion across movements, ultimately to the benefit of all persons with disabilities and/or HIV.

As a result of the growth of international environmental law and the increasing awareness of the threats to biodiversity, international case law addressing biodiversity issues has so far developed before the International Court of Justice, the International Tribunal for the Law of the Sea, the Dispute Settlement Body of the World Trade Organization, as well as before arbitral tribunals. Relevant international cases have also arisen in the fields of human rights and investment protection. The comparative study of international case law shows that international biodiversity law has been increasingly invoked before international courts and tribunals, the decisions of which demonstrate a gradual opening-up to address science and uncertainty related to biodiversity conservation and sustainable use. However, the observable influence of international biodiversity law is still quite limited, operating mainly in indirect ways. A better understanding of the range of available remedies in international law could pave the way for different litigation strategies to emerge in the future, including for more ‘prospective’ litigation, aiming at inducing substantive compliance with international biodiversity law, rather than providing reparation for injury.