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The article is dedicated to the analysis of a new category of rights, which legal specialists refer to as the fourth generation of rights. This is directly related to the rapid development of new technologies and significant changes in legal relations that have emerged at present, as well as the emergence of new forms of business activities and certain information asymmetry, and the sharp increase in online life, which increasingly requires legal regulation. These factors influence the increase and intensification of challenges for both international and national law. The article analyzes the possible risks associated with the violation of such important values as freedom of expression, justice, and the rule of law, leading to the threat of human rights violations in the information space and the inability to protect them due to the lack of legal certainty and the absence of legal frameworks. Therefore, the author provides certain options for resolving the issue of protecting digital human rights. The article explores digital human rights and the specifics of their restriction in the context of contemporary legal challenges. Given society’s increasing dependence on information technologies, the protection of digital rights is becoming a crucial aspect of ensuring citizens’ fundamental freedoms. The main international legal documents regulating digital rights, such as the European Convention on Human Rights, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights, are examined. Special attention is given to the conditions for derogating digital rights during emergencies, particularly in the context of the Russian Federation’s military aggression against Ukraine. The main forms of digital rights violations are analyzed, including Internet access restrictions, censorship, privacy breaches, disinformation, and propaganda. The article emphasizes the necessity of adhering to the principles of legality, necessity, proportionality, and temporariness when restricting digital rights to ensure a balance between national security and the preservation of fundamental human rights. An authorial definition of the term “digital rights” is provided. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Actual Problems of Jurisprudence / Habaršy. Zan̦ Seriâsy is the property of Al-Farabi Kazakh National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Digital technologies offer great opportunities in every field of life, including in criminal proceedings, where gathering evidence using digital or computer devices is an important contribution to the investigation of crimes, especially at the international level. Digital evidence is particularly important in the prosecution of international crimes due both to their complexity and to its ability to overcome hurdles that international judges must overcome when factfinding relates to conduct that occurred far from the seat of the court. While the of digital evidence is increasing, however, questions have arisen concerning both its admissibility and of its reliability, as the jurisprudence of the International Criminal Court (ICC) and other international criminal tribunals makes clear. The use of digital evidence may also raise concerns for the respect of due process standards and the right to private life. In the absence of specific international legal rules that deal with the matter, the purpose of this contribution is to identify the most pressing issues through an examination of the case law of international tribunals and to infer potential solutions and best practices to consider in developing international human rights based procedural standards. [ABSTRACT FROM AUTHOR]

The 'Going Out' strategy that China began in 1999 escalated to a global level with the 'Belt and Road Initiative' in 2013. However, the lack of a clear international framework for corporate accountability accentuates the risks of human rights' affectation by Chinese corporations, considering their controversial performance in Latin America. This article engages with the scholarly framework of international norm localization to analyze the enactment of Chinese business and human rights standards and their concrete application. This assessment relies on an extensive review of academic and policy research and the analysis of social conflicts around one of the largest copper mines in the region, Las Bambas, located in the highlands of Peru. The case shows that the main problem is not the lack of incorporation of business and human rights standards into national laws and the guidelines of companies' home regulators, but the different ways they are interpreted by social actors on the ground. Local communities are not passive receptors of those norms but norm makers who appropriate them and provide new meanings in line with their self-determination. Chinese and national authorities and firms, therefore, need to engage with those norms from the perspective of local people. [ABSTRACT FROM AUTHOR]

Since May 2019, Serbia has joined the majority of European countries which have the sentence of life imprisonment in their criminal justice systems. Despite the refusal of the competent authorities to hold a public hearing on the issue, the introduction of life imprisonment, excluding the possibility of conditional release of convicted persons for certain offenses punishable by this sentence, was met with noticeable interest and activism by representatives of the domestic and international professional public. Particular attention in the paper is devoted to human rights standards relating to life imprisonment, mainly stemming from the case-law of the European Court of Human Rights. The paper analyzes the possibility of application of human rights standards within the current criminal law legislation. At the end of the paper, the author points to possible de lege ferenda directions that could represent an alternative to life imprisonment, considering it a serious challenge for protection of the dignity of convicted persons.

Copyright of Anuario Español de Derecho Internacional is the property of Servicio de Publicaciones de la Universidad de Navarra, S.A. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article requires to come out from the phenomenon of fundamentalization of human rights in the process of definition the nature of the right to a fair trial. The author understands it like human rights evolution which led to human birth facilities acknowledgement as the fundamental rights with international guarantees of their implementation and legal defense. The fundamentalization of human rights evolved gradually in four stages: human rights conceptualization, human rights constitutionalization on the national level, international and regional institutionalization which led not only to fundamental rights value confirmation on the supranational level and their substance universal understanding as well as to the creation of the efficient international mechanism which permits to protect these rights on the governmental level as well as on supranational level in case of some government deviation to implement the committed international liabilities. It is substantiated in this work that as the consequence of fundamentalization of human rights the right to a fair trial was transformed from the right-privilege which contained the justice access and court trial with proper judicial procedure compliance, to the fundamental right which is universal human right standard that includes the dynamic system of procedural guarantee and is recognized as the element of law supremacy principle. Hence the author concludes that the fundamentalization of human rights is the methodological concept of the right to a fair trial.

The national legal system is being harmonized with international- and regional-level legal standards, and this is increasingly pushing Ukraine to take guidance from international and regional (European) legal standards; the latter, in turn, serve as the benchmark and the generally recognized and unified models to follow. Taking a cue from international standards of human rights and their protection is the key to a full-fledged implementation of a range of legal reforms which are underway in Ukraine over the past years, and this is particularly relevant to such an important human rights institution as the bar. Today, Ukraine is on its way to implement a new national legal mentality, an integral part of which being the introduction of international and European standards for the organization and functioning of the bar as a concept of optimal models of its organization and functioning universally recognized by the international legal (the bar’s) community. The purpose of the article is to explore the role played by international and European standards of the bar in the national legal system and the need for their further implementation on the path of European integration of Ukraine. It is established that the regulatory framework which enshrines the national standards of the bar is not fully compliant with the legal acts which enshrine the international and regional (European) standards of the bar. The authors conclude that the national bar needs further improvement of legal regulation taking guidance from the international and regional (European) standards of organization and functioning. The national standards of the bar should be formed with due regard not only for the international and regional (European) standards, but also for the proposals of individual lawyers, as well as professional bar associations and human rights organizations. [ABSTRACT FROM AUTHOR]

Ukraine's integration into the global community and the European space has led to transformational processes in law-making and legislation application practice. Similar processes are also underway in criminal procedure of Ukraine. After gaining independence and with transition from the totalitarian system to the democratic regime, and, later, after adoption of the Criminal Procedural Code of Ukraine (CPC of Ukraine) in 2012, the system of international human rights standards has been formed and established in national criminal procedure. An analysis of law literature of the Soviet period showed that during the Soviet Union times the science of criminal procedure did not focus on the issue of compliance with international human rights standards and their consolidation in statutory provisions as sources of criminal procedure law. Perhaps, such consequences of the past were the impetus owing to which an individual, his or her rights and freedoms have been consolidated in the current provisions of criminal procedure legislation as having priority over the State, and now their theoretical and applied analysis and the system requires further elucidation. The purpose of the article is to analyze national and foreign scientific sources which highlight challenging systemic issues revealing the essence of international standards in criminal procedure of Ukraine, and justification of their doctrinal significance. The article analyzes the main approaches to understanding the concept of "international legal standards", and draws attention to the fact that the main element in the application of international human rights standards in criminal procedure of Ukraine is an individual, and the reason for their implementation is the need to protect his or her rights and freedoms. The author identifies and analyzes the main features of the system of international human rights standards in criminal procedure of Ukraine. The author also presents own vision of the system of international human rights standards in criminal procedure of Ukraine and its features. The article shows that the system of international human rights standards in criminal procedure of Ukraine should be understood as an array of provisions of international treaties implemented in the system of criminal procedural legislation based on special permission, which govern the legal status of an individual in criminal procedure and the requirements of criminal procedure mechanisms which ensure the protection of the rights and freedoms of citizens in criminal proceedings. The author shows that the system of international human rights standards in criminal procedure of Ukraine is characterized by the following features: a) the main element in the application of such standards is an individual; b) the reason for implementation of international standards is the protection of an individual's rights and freedoms; c) international standards are contained in the international treaties which the Verkhovna Rada of Ukraine recognized as binding, namely, treaties determining the legal status of an individual in criminal procedure and the requirements to criminal procedure mechanisms which ensure the protection of the rights and freedoms of citizens in criminal proceedings; d) the system is dynamic, since with the development of "generations" of human rights it may be complemented by new standards; e) the system may not be classified according to the criteria of substantive or procedural law, since it comprehensively accommodates their provisions; f) the system of international human rights standards in criminal procedure means that provisions of CPC of Ukraine and other laws of Ukraine containing the rules of criminal procedure should be consistent with it. [ABSTRACT FROM AUTHOR]

Copyright of Crimen: Journal for Criminal Justice is the property of University of Belgrade, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The challenge of urban spaces as new places for enhancing the participation of younger generations as active citizens is at the core of the contribution, along the lines of a larger debate promoted at the multilateral level within different intergovernmental systems in a development perspective (i.e. UNESCO, UNICEF, Council of Europe, European Union). Preliminarily an overview about the full enjoyment of rights for children living in an urban context will be explored to measure their involvement as a tool to really make cities child-friendly. The city profile could also be assessed in relation to policies and practices that facilitate intercultural interaction and inclusion, ensuring a concrete participation of young generations to take a diversity advantage in their lives and to contribute for an inclusive, safe and sustainable urban environment. This investigation aims at identifying the best set of analytical and practical tools already provided by the aforementioned systems and is ultimately intended to help sub-state institutional and private stakeholders in improving the protection and promotion of human rights. In this perspective a preliminary model is proposed to bring different local perspectives from young citizens on what are the actual safeguarding gaps, on how to use creatively public spaces and on which vision the young generations could have about their cities as a setting driving an high level of human rights standards within the UN 2030 Agenda for Sustainable Development framework. [ABSTRACT FROM AUTHOR]

This article reflects on Latin American prisoners’ human rights to give an up-to-date picture of the state of play and to establish the benchmarks on how this issue can be approached in future research activities. In an attempt to establish methodological guidelines for approaching the Latin American context, the article contextualizes Latin American prisoner human rights standards within the inter-American system of human rights. Then, it addresses three key issues that have a direct impact on the treatment of prisoners and the most important problems in Latin American prisons. [ABSTRACT FROM AUTHOR]

In the context of the refugee crisis in Europe, the measures taken by the institutions and bodies of the European Union as they relate to respecting, protecting, and ensuring human rights have proven to be woefully inadequate. The development of a restrictive, defensive, security-based immigration policy has led to failure by European countries and the European Union to fulfil their human rights obligations. Specifically, the Agreement struck between the European Union and Turkey on 18 March 2016, in addition to externalising borders, placed economic and political considerations centre stage, leading to serious violations of the human rights of refugees and migrants, including their sexual and reproductive rights. In an effort to identify the failures and the institutions responsible for promoting the necessary measures to mitigate the negative impacts these policies have had, the international human rights organisation Women’s Link Worldwide lodged a complaint with the European Ombudsperson. In its complaint, Women’s Link alleges maladministration by the European Commission for its failure to carry out a human rights impact assessment of the 18 March 2016 EU-Turkey Agreement and the reports on its implementation. Such an assessment should include a gender perspective and a children’s rights approach, and its omission is not only a failure to comply with international human rights standards, but also directly and negatively affects women’s and children’s rights. [ABSTRACT FROM PUBLISHER]

Aboriginal Australians have a fundamental human right to opportunities that lead to healthy and flourishing lives. While the impact of trauma on Aboriginal Australians is well-documented, a pervasive deficit narrative that focuses on problems and pathology persists in research and policy discourse. This narrative risks further exacerbating Aboriginal disadvantage through a focus on 'fixing what is wrong' with Aboriginal Australians and the internalising of these narratives by Aboriginal Australians. While a growing body of research adopts strength-based models, limited research has sought to explore Aboriginal flourishing. This conceptual paper seeks to contribute to a burgeoning paradigm shift in Aboriginal research, seeking to understand what can be learned from Aboriginal people who flourish, how we best determine this, and in what contexts this can be impactful. Within, we argue the case for a new approach to exploring Aboriginal wellbeing that integrates salutogenic, positive psychology concepts with complex systems theory to understand and promote Aboriginal wellbeing and flourishing. While deeper work may be required to establish the parameters of a strength-based, culturally aligned Aboriginal conceptualisation of positive psychology, we suggest the integration of Aboriginal and Western methodologies offers a unique and potent means of shifting the dial on seemingly intractable problems.

The deliberate changes to language regime undertaken in post-Soviet Estonia and Latvia have had significant repercussions for their accession to the EU and NATO. Charges of discrimination against Russian-speaking minorities have led countless European delegations to survey the Baltic States, resulting in a mixture of approval, advice and warnings on language, citizenship and integration issues. While these interventions have been justified by assertions of international human rights standards, such standards as exist have been devised for very different minority situations, and their relevance to the Baltic States is often contested. The article points to an evolving critique of the minority-rights based approach of European institutions, and examines the specific sociolinguistic situation in the Baltic including the often unrecognised attitudes of the Russian-speaking minorities. The Baltic case has wider resonance for other small national languages seeking to reassert their status against former imperialistic language regimes. [ABSTRACT FROM AUTHOR]

The individualistic and colonial foundations of neoliberal socio-political ideologies are embedded throughout Australian health systems, services, and discourses. Not only does neoliberalism undermine Aboriginal and Torres Strait Islander collectivist values by emphasizing personal autonomy, but it has significant implications for Aboriginal and Torres Strait Islander health. Aboriginal Community Controlled Health Services (ACCHS) operate within Community-oriented holistic understandings of well-being that contradict neoliberal values that Western health services operate within. Therefore, this paper aims to explore the role of ACCHS in resisting the pervasive nature of neoliberalism through the prioritization of self-determination for Aboriginal and Torres Strait Islander Peoples. Utilizing a critical evaluative commentary, we reflect on Aboriginal political leadership and advocacy during the 1970s and 1980s and the development of neoliberalism in Australia in the context of ACCHS. Community controlled primary health services across Australia are the only remaining government-funded and Aboriginal-controlled organizations. Not only do ACCHS models resist neoliberal ideologies of reduced public expenditure and dominant individualistic models of care, but they also incontrovertibly strengthen individual and Community health. ACCHS remain the gold standard model by ensuring Aboriginal and Torres Strait Islander rights to the self-determination of health in accordance with the United Nations Declaration of the Rights of Indigenous Peoples.

Education is a fundamental human right. Yet there remain gaps in our understanding of undocumented children in Malaysia and their vulnerabilities in education access. This study aims to describe and contextualise undocumented children in Malaysia and their access to education. We conducted a desk review and in-depth interviews with 33 key stakeholders from June 2020 to March 2021. Framework analysis was conducted. Salient themes were geographical location and legal identity in terms of citizenship and migration status. We found that the lack of legal identity and non-recognition by the State was the root cause of vulnerability, experienced uniformly by undocumented populations in Malaysia. Only undocumented children with Malaysian parents or guardians can enter public schools under the Malaysian government's 'Zero Reject Policy'. Most undocumented and non-citizen children must rely on informal education provided by alternative or community learning centres that typically lack standardised curricula, resources, and accreditation for education progression beyond primary levels. Nevertheless, as non-citizen groups are diverse, certain groups experience more privilege, while others are more disadvantaged in terms of the quality of informal education and the highest level of education accessible. In Peninsular Malaysia, a very small proportion of refugees and asylum-seekers may additionally access tertiary education on scholarships. In Sabah, children of Indonesian migrant workers have access to learning centres with academic accreditation supported by employers in plantations and the Indonesian Consulate, whereas Filipino migrants who were initially recognised as refugees are now receiving little government or embassy support. Stateless Rohingya refugees in Peninsular Malaysia and Bajau Laut children at Sabah are arguably the most marginalised and have the poorest educational opportunities at basic literacy and numeracy levels, despite the latter receiving minimal governmental education support. Implementing a rights-based approach towards education would mean allowing all children equal opportunity to access and thrive in high-quality schools., Competing Interests: The authors have declared that no competing interests exist.

Competing Interests: KG reports being the Chair of the International Planned Parenthood Federation (IPPF) Board of Trustees. All other authors declare no competing interests.

Universal human rights are defined by international agreements, law, foreign policy, and the concept of inherent human dignity. However, rights defined on this basis can be readily subverted by overt and covert disagreements and can be treated as distant geopolitical events rather than bearing on individuals' everyday lives. A robust case for universal human rights is urgently needed and must meet several disparate requirements: (1) a framework that resolves tautological definitions reached solely by mutual, revocable agreement; (2) a rationale that transcends differences in beliefs, creed, and culture; and (3) a personalization that empowers both individuals and governments to further human rights protections. We propose that human rights in existing agreements comprise five elemental types: (1) agency, autonomy, and self-determination; (2) freedom from want; (3) freedom from fear; (4) uniqueness; and (5) unconditionality, including protections for vulnerable populations. We further propose these rights and protections are rooted in fundamental properties of the human brain. We provide a robust, empirical foundation for universal rights based on emerging work in human brain science that we term dignity neuroscience. Dignity neuroscience provides an empirical foundation to support and foster human dignity, universal rights, and their active furtherance by individuals, nations, and international law., (© 2021 The Authors. Annals of the New York Academy of Sciences published by Wiley Periodicals LLC on behalf of New York Academy of Sciences.)

Background: Since 2016 Venezuela has seen a collapse in its economy and public health infrastructure resulting in a humanitarian crisis and massive outward migration. With the emergence of the novel coronavirus SARS-CoV-2 at the end of 2019, the public health emergency within its borders and in neighboring countries has become more severe and as increasing numbers of Venezuelans migrants return home or get stuck along migratory routes, new risks are emerging in the region., Results: Despite clear state obligations to respect, protect and fulfil the rights to health and related economic, social, civil and political rights of its population, in Venezuela, co-occurring malaria and COVID-19 epidemics are propelled by a lack of public investment in health, weak governance, and violations of human rights, especially for certain underserved populations like indigenous groups. COVID-19 has put increased pressure on Venezuelan and regional actors and healthcare systems, as well as international public health agencies, to deal with a domestic and regional public health emergency., Conclusions: International aid and cooperation for Venezuela to deal with the re-emergence of malaria and the COVID-19 spread, including lifting US-enforced economic sanctions that limit Venezuela's capacity to deal with this crisis, is critical to protecting rights and health in the country and region.

Competing Interests: Competing interests: None declared.

The United Nations Convention on the Rights of the Child confirmed child and youth rights globally. Their right to participation is a critical driver for the 2030 Sustainable Development Goals (SDGs). Youth prioritize the need to end violence against them, charging adults with safeguarding, and identify gender inequality as an underlying cause of child sexual exploitation (CSE). SDG 5 includes targets for ending sexual exploitation of girls; however, it is critical to review whether we are supporting both boys and girls adequately. Based on recent research, it is clear that male victims of CSE are prevalent, yet they have been relatively excluded in policy, research, and interventions. The aim is not to minimize the importance of understanding and eliminating CSE of girls, but to acknowledge that vulnerable sub-groups of boys exist in community (street-connected boys, refugees, sexual minorities) and service systems (justice, child welfare, humanitarian aid). Gender-based challenges persist in protection, disclosure, help-seeking, professional recognition, programming and prevention. In this discussion article, we outline responsibilities in human rights law to understand and address boys' CSE and overview key literature on its impact on boys. It is argued that gender-, trauma-, and violence-informed approaches are expanded to address the contribution of harmful gender norms, and to target prevention in the adolescent years for sexually transmitted infections, mental health, and substance abuse and violence problems. This discussion advances a pressing need for a global analysis of CSE among boys., (Copyright © 2019 Elsevier Ltd. All rights reserved.)

Competing Interests: Competing interests: None declared.

Violence against children (VAC) is a pervasive and persistent injustice around the world. Thirty years after the adoption of the United Nations Convention on the Rights of the Child (CRC), the right of children to be protected against all forms of violence is still routinely violated. It is only within the last twenty years that the scope of this problem has been studied; as many point out, understanding the scope of the problem through comprehensive data collection is necessary to improve child protection. Data collection and data quality have improved drastically over this time. The Office of the High Commissioner on Human Rights recommends using comprehensive indicator systems that collect data on States Parties' structure- and process-related commitments to fulfil human rights, and on the outcomes of these commitments. However, most existing indicator sets on VAC fall short of this comprehensive approach, often focusing only on structural or outcome indicators. An international team of child rights experts is now developing GlobalChild, which will be an online platform consisting of comprehensive sets of structure-, process-, and outcome-related indicators for all 41 substantive rights of the CRC. This system will advance data collection, facilitate the monitoring function of the Committee on the Rights of the Child, and enable research on many rights of children, including their right to protection against violence. VAC is a complex problem, and protection against VAC is a right that is indivisible from other rights under the CRC. Therefore, a comprehensive and systematic approach is required to improve accountability to children around the world., (Copyright © 2020 Elsevier Ltd. All rights reserved.)

In the medical field, conscientious objection is claimed by providers and pharmacists in an attempt to forgo administering select forms of sexual and reproductive healthcare services because they state it goes against their moral integrity. Such claim of conscientious objection may include refusing to administer emergency contraception to an individual with a medical need that is time-sensitive. Conscientious objection is first defined, and then a historical context is provided on the medical field's involvement with the issue. An explanation of emergency contraception's physiological effects is provided along with historical context of the use on emergency contraception in terms of United States Law. A comparison is given between the United States and other developed countries in regard to conscientious objection. Once an understanding of conscientious objection and emergency contraception is presented, arguments supporting and contradicting the claim are described. Opinions supporting conscientious objection include the support of moral integrity, religious diversity, and less regulation on government involvement in state law will be offered. Finally, arguments against the effects of conscientious objection with emergency contraception are explained in terms of financial implications and other repercussions for people in lower socioeconomic status groups, especially people of color. Although every clinician has the right and responsibility to treat according to their sense of responsibility or conscience, the ethical consequences of living by one's conscience are limiting and negatively impact underprivileged groups of people. It is the aim of this article to advocate against the use of provider's and pharmacist's right to claim conscientious objection due to the inequitable impact the practice has on people of color and individuals with lower incomes.