Powszechny system ochrony praw człowieka. Podsumowanie dekad
The international system for the protection of human rights. Summary of decades
Contributor(s): Ilona Topa (Editor), Magdalena Półtorak (Editor)
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: human rights; the United Nations; international covenants on human rights; control mechanisms
Summary/Abstract: The presented work discusses both achievements and future challenges in front of the UN Human Rights System, especially including the role of the United Nations organization in shaping and developing the system for protecting the rights of the individual. The publication constitutes an attempt at reflecting upon the treaty protection, in particular upon the internationally protected substratum of individual laws influenced by changing reality, and upon the efficiency of corresponding control mechanisms, in addition to the presentation of the Human Rights Council’s role. The paramount aim of the authors is to probe into the current state of human rights protection in its common scope along with its efficiency in the context of contemporary challenges and threats. The publication is addressed to all readers interested in the problematic of human rights protection.
Series: Prawo
- E-ISBN-13: 978-83-226-3530-8
- Print-ISBN-13: 978-83-226-3529-2
- Page Count: 246
- Publication Year: 2018
- Language: Polish
Inicjatywy na rzecz pokoju i ochrony praw człowieka ONZ. Sukcesy czy porażki?
Inicjatywy na rzecz pokoju i ochrony praw człowieka ONZ. Sukcesy czy porażki?
(UN initiatives for peace and protection of human rights. Successes or failures?)
- Author(s):Aleksandra Kacała
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:23-34
- No. of Pages:12
- Summary/Abstract:The purpose of this article is to examine the initiatives undertaken by the United Nations, to identify its greatest successes and failures and to recommend changes to increase the efficiency of the Organization.To answer these problems, author researches a history and structure of the United Nations. The article analyses the most important indirect measures of the UN as an international legislation and universal structure created in Dumbarton Oaks. Moreover, aspect of the UN’s direct actions has been examined as well.Although international community witnesses many UN’s failures, the long-term effects constitute the success of the Organization. Main recommendations for the United Nation is to reform procedure in the principal organs, update the Charter and to analyse the financial aspects of multiplication of the internal structures. Finally, international cooperation must be subordinated to one overarching principle – respect of the international rule of law.
- Price: 4.50 €
Powszechny Przegląd Okresowy – szklanka do połowy pełna czy do połowy pusta?
Powszechny Przegląd Okresowy – szklanka do połowy pełna czy do połowy pusta?
(Universal Periodic Review – ‘a bottle half full or half empty’?)
- Author(s):Małgorzata Myl
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:35-45
- No. of Pages:11
- Summary/Abstract:The second cycle of the Universal Periodic Review (UPR) ended in 2016. It is a good moment to summarize and analyze achievements of this mechanism and to try to find out whether the mechanism fulfilled hopes vested in it. The UPR is facing many challenges, such as politicization, small amount of recommendation and coalitions between counties. Despite those issues, the Universal Periodic Review, as a controlling mechanism, has achieved a significant success – it is an universal mechanism under which all States agreed to evaluate level of protection of human rights on their territories. However, effectiveness of the UPR depends on attitude and commitment of States.
- Price: 4.50 €
Rola komisji śledczych Rady Praw Człowieka w poszukiwaniu odpowiedzialności na przykładzie Burundi
Rola komisji śledczych Rady Praw Człowieka w poszukiwaniu odpowiedzialności na przykładzie Burundi
(The role of the Human Right Council fact-finding commissions in the search for accountability. Case of Burundi)
- Author(s):Magdalena Majos-Kwiatkowska
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:46-56
- No. of Pages:11
- Summary/Abstract:This article analyses the work of the Commission of Inquiry on Human Rights in Burundi, which has been mandated for a period of one year to conduct a thorough investigation into human rights violations and abuses in that country since April 2015. Commission is mandated to identify alleged perpetrators of human rights violations and abuses in Burundi with a view to ensuring full accountability. Final report will be presented to the General Assembly and other relevant international bodies and will determine the scale of violations and help to make the legal classification of the alleged crime. Moreover, report can be used in the future investigations by specialized body such as the International Criminal Court.
- Price: 4.50 €
Doktryna marginesu swobodnej oceny – zaprzeczenie uniwersalizmu czy przejaw różnorodności kulturowej państw?
Doktryna marginesu swobodnej oceny – zaprzeczenie uniwersalizmu czy przejaw różnorodności kulturowej państw?
(The doctrine of the margin of appreciation – a denial of universality or a result of cultural diversity between states?)
- Author(s):Hanna Wiczanowska
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:57-68
- No. of Pages:12
- Summary/Abstract:Through the enactment of the European Convention on Human Rights, the individuals obtained a significant weapon against the violation of their rights and freedoms by national authorities. Such possibility has opened the discussion on the permissible scope of jurisdiction of the European Court on Human Rights. The most important issue is the question if the obligations arising from the protection of human rights are of homogenous character or certain margin of discretion shall be maintained to respect the cultural diversity between States.
- Price: 4.50 €
Rola i pozycja ustrojowa Rzecznika Praw Obywatelskich jako organu stojącego na straży wolności i praw człowieka i obywatela
Rola i pozycja ustrojowa Rzecznika Praw Obywatelskich jako organu stojącego na straży wolności i praw człowieka i obywatela
(Commissioner for Human Rights in Poland as a guardian of human rights and freedoms)
- Author(s):Magdalena Sobas
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:69-80
- No. of Pages:12
- Summary/Abstract:The article describes the role and position of the Commissioner for Human Rights in Poland. It starts with information on the history of this institution in Europe underling its initiation by Swedish Ombudsman. Subsequently, the genesis of the appointment of the first Ombudsman in Poland is presented. Further, it analyses his competences, legal instruments and activities. The author concludes with stressing the role of the Commissioner for Human Rights as guardian of human and citizens’ rights and freedom.
- Price: 4.50 €
Ewolucja znaczenia i roli korporacji transnarodowych dla uniwersalnego systemu ochrony praw człowieka
Ewolucja znaczenia i roli korporacji transnarodowych dla uniwersalnego systemu ochrony praw człowieka
(The meaning and role of transnational corporations for universal system of human rights protection)
- Author(s):Katarzyna Żabicka
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:81-90
- No. of Pages:10
- Summary/Abstract:The most important subjects of public international law have always been states. Only recently, through globalization, transnational corporations have been seen differently. Globalization has led to the growth of authority of transnational corporations in the international arena. Equipped with great economic power, they did not respect human rights, but the international community was unable to hold them accountable, because the recipients of international human rights law have been the states. The international community has made many attempts to regulate corporate responsibility in international law, but social responsibility, which exerts an influence on corporations, has proved to be the most effective. The initiative of the United Nations and the voices of international community, have allowed for a gradual change in corporations procedures and growth of importance of respect for human rights, additionally proving that proceeding in accordance with conventions protecting human rights is profitable.
- Price: 4.50 €
Prawo do skutecznego środka odwoławczego a skarga na przewlekłość postępowania
Prawo do skutecznego środka odwoławczego a skarga na przewlekłość postępowania
(Right to effective remedy and the complaint against excessive lengthiness of proceedings)
- Author(s):Małgorzata Mędrala
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:93-103
- No. of Pages:11
- Summary/Abstract:The overarching objective of the domestic and international protection of human rights is enabling their subjects to complain effectively about the violations of rights and liberties. In the early modern period human rights entered the moral awareness regarding the state and law. Their unlimited validity is more and more often endangered. Hence discussing the tasks, competences, and operational rules of control authorities in terms of specific protected rights is essential. The paper concerns an appellate measure with regard to proceedings in view of Art. 13 of ECHR and the complaint against the excessive lengthiness of proceedings. It successively explains the consequences of the excessive lengthiness of court proceedings and shortcomings in applying procedural provisions. The paper highlights that the excessive lengthiness hampers proper consideration of a case, blurs an event in the court’s memory, may lead to findings contradicting evidence, as well as reduces the social impact of the case.
- Price: 4.50 €
Podstawy prawne i społeczne wolności zgromadzeń
Podstawy prawne i społeczne wolności zgromadzeń
(The freedom of organizing of and participating in assemblies as the foundation of the democratic state of law)
- Author(s):Rafał B. Kirsch
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:104-113
- No. of Pages:10
- Summary/Abstract:The article analyses the issue of the freedom of organizing and participating in assemblies as the basic attribute of the democratic state of law and as the symbol of the civil society. A freedom of assembly is one of basic foundations of every democratic society. It permits to indicate and, in the same time, to declare that historically, legally and actually the superior authority in the state belongs to the nation. Large gatherings constitute the important component of the history of Poland, as well as a mark of present times. All marches or demonstrations are the attribute of every political opposition and basic form of its activity. Assemblies constitute the sign of the societal opposition to the current political situation, but their primary role was an opposition to the power. Assemblies performed the integration function and consolidated mass in the fight for recovering the sovereignty. After the political transformation restoring the freedom of assembly became the natural order of things and reflected the creation of the democracy and pluralism in Poland. At present, role of assemblies has not lose her meaning and still constitutes the important component of expressing socio-political attitudes. In times, in which the considerable part of the social life is held in a virtual reality, it has seemed that assemblies might lose their meaning. It is not true, however. The media every week inform more and more on new gatherings, and their number is constantly increasing.
- Price: 4.50 €
Prawo do ochrony danych medycznych jako prawo człowieka w świetle standardów uniwersalnych, europejskich i krajowych
Prawo do ochrony danych medycznych jako prawo człowieka w świetle standardów uniwersalnych, europejskich i krajowych
(The right to the protection of medical data as human right in the light of universal, European and national standards)
- Author(s):Marta Marciniak
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:114-125
- No. of Pages:12
- Summary/Abstract:This paper aims to present the legislative instruments stipulating the human right to the protection of medical data, which is a special category of personal data. We shall discuss the basic concepts of key importance for this subject, i.e., the definition of personal data; the definition of medical data; as well as the definitions of such issues as the processing of personal data and the data controller. The right to the protection of medical data is guaranteed by international law and under the European and Polish legal systems. This paper identifies international regulations governing the right to privacy, as well as the judgments and rulings of international bodies which define the protection of medical data as having the status of fundamental human right. It also presents international regulations directly dedicated to the protection of personal data and Polish regulations, which constitute the internal legal instruments for the protection of medical data.
- Price: 4.50 €
Zasada nullum crimen sine lege w prawie międzynarodowym
Zasada nullum crimen sine lege w prawie międzynarodowym
(Principle nullum crimen sine lege in international law)
- Author(s):Dominika Iwan-Sojka
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:126-139
- No. of Pages:14
- Summary/Abstract:The aim of this paper is to analyse the development of the principle nullum crimen sine lege in international law. The principle prevents from arbitrary sentence and is of a tremendous value for domestic legal system. The principle of legality can also be found in many international human rights treaties, among them in International Covenant on Civil and Political Rights of 19th December 1966. Undoubtedly, the principle is of the universal character. Discrepancies appear in international criminal law, since it has no closed list of its sources. Furthermore, unwritten customary international law is enlisted into the catalogue. This paper provides with historical overview upon the principle of legality, starting from Nuremberg Military Tribunals, through ad hoc international criminal tribunals, International Criminal Court. Last but not least, it presents actual developments achieved by the European Court of Human Rights in this field.
- Price: 4.50 €
Problem praw społecznych, kulturowych i religijnych w kontekście aktualnej polityki imigracyjnej we Francji
Problem praw społecznych, kulturowych i religijnych w kontekście aktualnej polityki imigracyjnej we Francji
(Problem of social, cultural and religious rights in the context of current immigration and integration policy in France)
- Author(s):Monika Jankowska
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:140-149
- No. of Pages:10
- Summary/Abstract:The question of immigration and integration in France is multidimensional. It results from historical conditions dating back to the eighteenth century, what makes it one of the longest in Europe. The development of French immigration has post-colonial heritage and a long tradition of seeking cheap, unskilled labor force abroad. In 1930 France was the second state (after the United States) in terms of accepting foreigners. Such a policy was a result of the need to hype the economy after World War II. At the same time it has started to put increasing emphasis on the protection of human rights, which resulted in the enactment of a series of laws created for preventing discrimination based on, among others, race, gender, religious beliefs or national origin. At the same time it was necessary to guarantee a decent living and a sense of security and equal treatment for immigrants. Over the years, with changes of geopolitical situation, also the French immigration policy had to change. Especially difficult was to find a balance between respect for the cultural diversity of immigrants, particularly Muslims on the one hand and aspirations for assimilation with the native French people and keeping the secular nature of the Republic and European cultural heritage, on the other.
- Price: 4.50 €
Dziedzictwo kulturowe a prawa człowieka
Dziedzictwo kulturowe a prawa człowieka
(Cultural heritage and human rights)
- Author(s):Jakub Janczyk
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:150-159
- No. of Pages:10
- Summary/Abstract:This article aims at presenting the issue of the protection of cultural heritage and its relation to human rights. Current events in the Middle-East and cases of intentional destruction of cultural goods seem to show that the notion of cultural heritage protection as a part of humanitarian law appears to be insufficient. The link between culture and human beings has to be reinforced.Firstly, cultural rights as such and their place in the universal system of human rights are introduced. The next part presents the attempts at applying those rights to cultural heritage and the steps which are being taken by international organizations. Based on reports from the Special reporter in the field of cultural rights, the article then proceeds with an analysis of several recent statements released by the United Nations Human Rights Council and the United Nations Educational, Scientific and Cultural Organization.
- Price: 4.50 €
Więźniowie z Guantanamo Bay w świetle Międzynarodowych Paktów Praw Człowieka
Więźniowie z Guantanamo Bay w świetle Międzynarodowych Paktów Praw Człowieka
(Prisoners of Guantanamo Bay in the light of International Convenants on Human Rights)
- Author(s):Jagoda Rusińska
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:160-171
- No. of Pages:12
- Summary/Abstract:Article describes a problem which is related to the situation of prisoners held at Guantanamo Bay. Discussed place is an American military base that exists in Cuba since the end of XIX century, where human rights are violated frequently. Thesis especially refers to article 7 and article 14 of International Covenant on Civil and Political Rights, while accurately presenting the problem of prisoners. In particular thesis indicates a phenomenon of practicing torture and lack of guarantee of the right to be presumed innocent until proved guilty according to law. On the other hand, the article presents also an opinion of the various organizations such as Amnesty International or Reprieve.
- Price: 4.50 €
Baby Gammy – problem ochrony praw dziecka a umowy o macierzyństwo zastępcze
Baby Gammy – problem ochrony praw dziecka a umowy o macierzyństwo zastępcze
(Baby Gammy – the problem of protection of the rights of the child and the contracts for surrogate motherhood)
- Author(s):Paweł Bednarski
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:175-184
- No. of Pages:10
- Summary/Abstract:The surrogacy agreements raise many problems of not only ethical but also legal nature. The main difficulty is related to the matter of protecting individual rights of the child and their possible violations. The article’s aim is an analysis of the famous “Baby Gammy” case and legal consequences related to it. As a result of the surrogacy agreement, concluded by intended parents and a surrogate mother, was a birth of twins. Intended parents – Australian couple Mrs. and Mr. Farnell, refused to accept one of the children due to diagnosed Down syndrome, despite the fact that Mr. Farnell was the biological father of the child. In the article were indicated some violations of individual rights of the child that occurred in this case. The basic thesis of the article is that in the case of surrogacy agreement a child may become not the subject but the object of the contract.
- Price: 4.50 €
Problem wczesnych małżeństw w Afryce Środkowej i Zachodniej a prawa dziecka
Problem wczesnych małżeństw w Afryce Środkowej i Zachodniej a prawa dziecka
(Problem of early marriages in the Middle and West Africa and the rights of child)
- Author(s):Weronika Szyszka
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:185-194
- No. of Pages:10
- Summary/Abstract:The subject of this article is to analyze the practice of early marriage, also known as a girl’s marriage or child marriage, which remains an important issue in Africa. It is also aimed to explain why early marriage is considered as the violation of human rights, with particular reference to the rights of the child. In West and Central Africa two out of five girls under the age of 18 are child brides. This paper presents the causes of child marriage in Africa, such as: poverty, gender inequality, tradition, social pressure, and low level of education. Further, the consequences of child marriage are presented. The Author also outlines the profile of a girl that is most commonly vulnerable to become a child bride: a girl who is poor, has little or no education, lives in rural area and is perceived as less valuable human being than a boy. The phenomenon of early marriages is presented in the context of binding norms of international law.
- Price: 4.50 €
Prawne warunki przerywania ciąży
Prawne warunki przerywania ciąży
(Legal conditions for terminating pregnancy)
- Author(s):Katarzyna Wójcik
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:195-205
- No. of Pages:11
- Summary/Abstract:For many years discussions on the termination of pregnancy have caused many emotions and controversies around the world, reflected in the legal regulations concerning the admissibility of the abortion or the total ban on abortion.A woman may choose to make an abortion for many reasons. These may include: medical advice (threat to a woman’s health or life, diagnosis of severe birth defects in the fetus during a prenatal examination), conception of a prohibited act, rape or incestuous relationship, for personal reasons (e.g. a woman feels too young or on the contrary – too mature for a child, is located in a difficult financial situation, is lonely), or even because of family problems.Legal solutions on termination of pregnancy adopted in the European countries (including Poland) are trying to find a balance between protecting the unborn child and the health of his mother and try to prevent the increasing number of illegal abortions. This is particularly emphasized by the legal strengthening of the possibility of termination of pregnancy. At the same time it should be noted that adequate protection of the life and health of a woman is guaranteed, thus ensuring a certain level of protection of the right to privacy.The aim of the study is to present a detailed legal analysis of the admissibility of abortion on the basis of national legislation and international and European law.
- Price: 4.50 €
Powszechna ochrona praw mniejszości. Szczególne znaczenie art. 27 MPPOiP
Powszechna ochrona praw mniejszości. Szczególne znaczenie art. 27 MPPOiP
(Universal protection of minorities. Special role of Article 27 of the International Covenant on Civil and Political Rights)
- Author(s):Krystyna Mazalik
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:206-213
- No. of Pages:8
- Summary/Abstract:The article presents the issue of the common system of minorities protection The Author analyses the question of the legal definition of national minorities, as well as the development of the protection of their rights in the international public law. Also, particular minorities rights in the universal system of human rights protection has been discussed
- Price: 4.50 €
Ochrona mniejszości narodowych na Litwie na przykładzie sytuacji mniejszości polskiej
Ochrona mniejszości narodowych na Litwie na przykładzie sytuacji mniejszości polskiej
(Protection of national minorities in Lithuania. Case of Polish minority)
- Author(s):Tomasz Turejko
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:214-225
- No. of Pages:12
- Summary/Abstract:This article provides the overview of the international norms and standards for the protection of national minorities rights in the context of Polish minority rights in Lithuania. The paper discusses the essential rights to use the language of national minority in communication with local authorities and in public, in the electoral process, in topographic indications, the right to write names and surnames in the language of national minority, as well as the situation of Polish schools and education in Lithuania. These rights are presented in the context of international norms and Lithuanian national law.
- Price: 4.50 €
Problem praw ludów tubylczych w Ameryce Łacińskiej
Problem praw ludów tubylczych w Ameryce Łacińskiej
(The problem of indigenous people’s rights in Latin America)
- Author(s):Klaudia Krzysztowska
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:226-234
- No. of Pages:9
- Summary/Abstract:The rights of indigenous people have been a common subject of international law for a long time. The main issues here are the enforcement of their rights to live in their natural habitat and have control over their native territory and the preservation of their culture. Nowadays, there exists a normative framework upon which the indigenous people can rely on in order to defend their rights. However, still exists some legislation, which could result in the compromising of these rights. This article reviews the most relevant legal provisions that contribute towards the protection of indigenous people but also pertain the threats to their freedom and highlights some of the most important issues that relate to this subject.
- Price: 4.50 €
Rola Komitetu Przeciwko Torturom w systemie prawnym ONZ. Skarga indywidualna na naruszenie Konwencji
Rola Komitetu Przeciwko Torturom w systemie prawnym ONZ. Skarga indywidualna na naruszenie Konwencji
(The role of the Committee against Torture in the UN legal system. Individual complaints)
- Author(s):Arleta Dulkowska
- Language:Polish
- Subject(s):Human Rights and Humanitarian Law
- Page Range:235-245
- No. of Pages:11
- Summary/Abstract:The suppression of the practice of torture was one of the main challenges taken up by the United Nations after its establishment. In order to protect all people from being subjected to torture and other cruel, inhuman or degrading treatment or punishment, the UN has adopted universal standards embodied in international conventions and declarations. One of them has been the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which set up new monitoring body – the Committee against Torture, to ensure that the Convention is implemented by its state-parties. All States must submit regular reports to the Committee on how the human rights are being implemented. There are also other control mechanisms: such as inquiries, state-to-state complaints and individual complaints.
- Price: 4.50 €