Keywords: Hungary; voluntary sector; structure of the voluntary sector; legal regulation; tax policy; networks
The authors start the article by describing a number of relevant phenomena such as post-communism, the shadow economy and the shadow society which are, in their opinion, one of the reasons for the swift development of the vouluntary sector in Hungary. They state that the civil sector is consideres to be one of the means of political change and the origin of political parties. The article goes on to deal with the history of the voluntary sector (the origins of the civil society organizations date back to the 18th and 19th centuries); the structure of the present sector, which is supported by numerous organisations classified in 19 clusters; the legal regulation of non-profit organisations; tax policy, national and local policy. As part of the elements of the voluntary organisations (such as networking, which represents various relationships between participants in the non-profit sector) the characteristics of the organisations are outlined (supported by facts from the 1992 survey carried out by the Hungarian Central Statistical Office). Nevertheless, Hungary's non-profit sector is in a critical position, thanks to the economic crisis, with a 15 per cent unemployment rate on the one hand and a lack of management know-how among leaders in the sector on the other: The solution lies, in the author' opinion, in better cooperation between the non-profit, state and market sectors.
More...Keywords: human; rights; prawa; człowieka; czlowieka
More...The report explores the experience of Bulgaria, which is a New EU Member State, in the field of the realization of the right to education, as well as the right to employment of persons from minorities. The achievements and shortcomings in the realization of these closely interrelated human rights and the practice of new institutions for protection of human rights, as the Commission for Protection from Discrimination and the National Ombudsman, are presented with the respective challenges, which could be of relevance to other Balkan countries. In addition to the Constitutional guarantees, Bulgaria has adhered to the main international instruments and policy documents on the right to education. Furthermore, as a full member of the EU since January 2007, Bulgaria has to align its educational system in view of the achievement of the goals and objectives of the Lisbon Strategy. The practice of the implementation of the lega:! standards and their translation into governmental action, though, show that they are still high and intangible standards. The mechanisms necessary for the implementation of the international standards and those of the Law on Protection from Discrimination in practice are still missing, despite the efforts and initiatives deployed mainly by the Ministry of Education and Science. The obstacles to implementation are also the result of the micro-economic trends and policies characterizing the Bulgarian transition and the resulting financial constraints. The final result of the reform in the education system was the economic exclusion of vulnerable groups with noticeable racial profile. Some of the main problems identified in the course of the study are: 1/ The integration of children and students from minorities, despite the strategies and other documents developed by the government, remains a severe human rights issue;.2/ Another serious issue is the social exclusion and multiple discrimination of Roma women and girls; 3/ The low economic status of the teachers in Bulgaria- with average wages less than 200 EURO per month Bulgaria falls among the countries with the lowest average wage for teachers in Europe; 4/ Comprehensive education on gender equality and for elimination of gender stereotypes is still missing. In the last year before the accession to the EU, along with the adopted legislation, programs and plans, the Government has made efforts for institutional changes in terms of integration of Roma in Bulgarian society. Although the data show some progress in the field, in order to speak about achievements, the sustainability of Roma employment as well as the perspectives for real career have to be further assessed. Unemployment remains one of the gravest problems for the Roma ethnos. In the regions with concentrated Roma population 65% to 75% of people are still out of work. The low level of education and professional training is the main contributing factor for unemployment and isolation.
More...Keywords: dignity; human nature; freedom; responsibility; human rights;
In the current context human rights have become a more important topic than ever. Religious affiliation can influence more or less the reception by and position of every individual towards this set of norms and values. In the following material we will try to make a presentation over the Orthodox perspective on human rights. This presentation is quite hard to accomplish given the fact that we are talking about national Orthodox Churches, which have each attempted to clarify their position towards human rights. The general picture is that the Orthodox Church is reluctant towards human rights, but we shall not try in this paper to refute this perspective, but at most to give it a nuance.
More...Keywords: Hungary;Poland;radicalization;abortions;polypore state;
In the women’s movement in Central Europe, there are few moments to celebrate.
More...Keywords: Thomas Pogge; institutionalist conception of human rights; Bernand Williams; political realism
In this paper I show that we could read Pogge’s conception of human rights as formulated from a political realist point of view. For such a reading I use as a tool Bernard Williams’ division between political moralism and political realism in political theory and his reformulation of the first political question in Hobbesian terms as that of securing order and the conditions for cooperation in society by using coercion. I conflate Pogge’s theory of human rights with his theory of global justice, and I highlight those elements related to the first political question in Hobbesian terms.
More...Keywords: cosmopolitanism; human rights face;
Ulf Hannerz’s long-standing preoccupation with cosmopolitanism results, inter alia, from his international scholarly experience and Western European/Scandinavian familiarity with multiculturalism. With finesse and competence, he identifies various phases and faces of cosmopolitanism. The three categories presented cover much of the “cosmopolitan field” in the contemporary world. This attempt should be appreciated for being not speculative but realistic. Anthropologists value theories that “stay rather closer to the ground” than “drift off into logical dreams.” “Happy face cosmopolitanism” is realistic, since in the modern world we are observing the flow of ideas, items, technologies and pop-cultural “products” ranging from soccer to karaoke to cuisine. It is a hybridised world in which these modern products are inevitably indigenised.
More...Keywords: the Other; human rights; cultural studies;
The aim of the study is to show the role of culture in constructing human rights and translating them from theory to practice. After the fall of the Berlin Wall, the Western world seemed to unite, the differences between the developing West and the East that had been functioning behind the Iron Curtain, began to disappear. However, on September 11, 2001 new problems and cultural differences revealed themselves. It became clear, that - despite globalization - the world is not becoming the same. There are divisions that exclude security, so important for maintaining the status quo. Human rights established after the Second World War function well only in theory, and in practice there are many examples that question the effectiveness of these laws. One of them is the current refugee crisis. The article shows the role of art, and more specifically reportage photography, which is giving the voice to the Other, who needs help and can effectively speak to the social worlds, bringing the history of a particular person/group closer, revealing what connects us culturally.
More...Keywords: Serbia; nationalism; human rights; politics; democracy; 2002; omnibus law; government; Hague Tribunal; federal law; Vojvodina; human rights; minority groups;
The year 2002 is regarded by many as a year lost because nearly all of the political capital gained on 5 October 2000 was squandered: the coalition which had brought about the downfall of Slobodan Milošević bogged down in futile infighting and was becoming its own chief obstacle. Having been established for the specific purpose of ousting Milošević, the Democratic Opposition of Serbia (DOS) nevertheless went on to shoulder the formidable task of transition, a burden its heterogeneous political makeup proved ill-equipped to bear. For all the enthusiasm which characterized the political situation in 2001, it became clear that the prevailing concept of democracy as a multi-party system devoid of proper institutions and the rule of law alone could not change the general political atmosphere in the country weighed down by the Milošević legacy, institutions mired in old attitudes and methods, and resistance to reform. The Federal Republic of Yugoslavia – now Serbia and Montenegro – was not admitted to the Council of Europe, nor did the DOS leaders’ promises of an association agreement with the EU materialize. Consequently, there was no appreciable headway in the domain of human rights.
More...Keywords: terrorism; human rights; torture;
In determining the legal framework of the battle against terrorism, there are decisively two prevailing viewpoints that are excluding each other in principle. According to one, the phenomenon cannot be dealt with in the normal framework of constitutional democracy, and thus, it requires an exceptional legal order and the waging of war. The representatives of the other viewpoint claim the opposite. We need to insist on our moral judgment that the perpetrators of acts of terrorism are not belligerents, but criminals – although the motivation behind their acts is usually not the desire for profit, ruthlessness or something similar, that we usually connect to everyday crimes, but typically a political motivation of some kind. The aim of the policies against terrorism is to prevent terrorist attacks, defeat the terrorists and finally to eliminate terrorism. The primary system of instruments to prevent and overcome regional and international terrorism lies in a more democratic distribution of the authoritative, so the cultural, political and economic licenses and chances on a local, regional and international level.
More...Keywords: terrorism; human rights; possible threats; governments;
Terrorism is not a recent problem nor it is a novelty for governments to intervene in people’s everyday life due to the possible threats that terrorism signifies. As opposed to this, it is only as of late that safety has come into focus on a worldwide level, which can be explained by the ever-growing ubiquitous presence of modern terrorism.
More...Keywords: UN; rights; obligations; development; peace; mechanisms; institutions; universality; promotion; monitoring; democracy; diplomacy; security; crisis;
The article is devoted to a brief diplomatic analysis of the development, content and implementation of the ASEAN Human Rights Declaration (2012), the first document to reflect a comprehensive regional approach to the whole issue of human rights and to include specific provisions on the right to development and peace. The ASEAN Intergovernmental Commission on Human Rights is also presented, focusing on its mandate, as well as the critical or positive assessments made in relation to human rights instruments and mechanisms in South-East Asia, both within this region and at the UN.
More...Keywords: rights; responsibilities; fundamental freedoms; ASEAN; legal instrument; institution; organization; promotion; protection; democracy; good governance; mandate; reference terms; regional cooperation;
The authors aim to provide an overview focused on recent institutional developments in the field of human rights within the Association of Southeast Asian Nations (ASEAN), created in 1967. Special attention is paid to the ASEAN Intergovernmental Commission on Human Rights (AICHR), established in September 2009 as an advisory body. Its mandate is analysed in detail, and the most important events and legal aspects of its operation are critically examined. The assessments made by the UN, the ASEAN and ASEM Summits on significant institutional elements of human rights promotion in South-East Asia are briefly presented. The existing perspectives and difficulties in promoting and protecting human rights and fundamental freedoms, as well as regional cooperation in the field of human rights, are also examined in the light of the current challenges posed by the irreversible process of globalisation. The article concludes that addressing human rights with priority should be a major focus in the coming years on the political, economic, social, institutional and diplomatic agendas of ASEAN and the ten members of this prestigious regional organisation.
More...Keywords: migration; human rights; mixed rights; regulations;solidarity;
The phenomenon of migration concerns 3.3% of the general population living in the world and its number is still increasing. In order to stop migration measures are taken, which are largely against human rights to migration. The right to migration itself is denied. The activities that aim to restrict the right and not to regulate it become an alarming tendency. As a category of mixed rights, whose title is in the human nature (dignity), measure is positive regulation of exercising these rights as its internal element.
More...Keywords: Montenegro; court verdicts; ECHR; human rights;
Given the fact that Montenegro is in the process of negotiations with the European Union, that reforms of society are needed in order to meet the criteria and obtain status of full member, and that those reforms are not carried out either easy or in smooth manner, we have come up with the idea to combine passed verdicts of the European Court of Human Rights (ECHR) in relation to Montenegro and thus to provide certain contribution to the establishment of rule of law. Negotiations regarding Chapter 23 (Judiciary and Fundamental rights) represent the backbone of Montenegro's progress in meeting numerous standards related to depoliticisation and professionalization of state institutions, as well as the strict implementation of laws harmonised with the acquis communitaire, which has to provide legal security and certainty, or rule of law, as a final result. Full implementation of law greatly depends on the character and range of reform of judiciary system of Montenegro. In that respect, ECHR’s verdicts represent source of law and clear guidelines for Montenegrin judiciary system, which is recognised also by constitutional provisions. Right to individual complaint to ECHR is guaranteed to Montenegrin citizen, foreigner, stateless person, business entity and non-governmental organisation, in accordance with Article 34 of European Convention on Human Rights and Freedoms (ECHR), in case of violation of right prescribed by Convention, as well as to every other legal subject treated by public authority body. Mechanism of protection of rights prescribed by Convention presents direct affirmation of civic principles through the acting of ECHR, protection of citizen as an individual and his/her fundamental right, and thereby protection of public interest and society as a whole. Since 2009, when ECHR passed first judgement in relation to Montenegro, this court passed another 18 verdicts by the end of 2014, whereby 17 were related to violation of at least one right prescribed by the Convention to which those complaints related, and in one case it did not determine violation of any right under the Convention. Those verdicts determined that the right to fair trial was the most violated one (11 cases, Art. 6 ECHR), then the right to property (two cases, Art. 1 of Protocol 1 to ECHR), right to freedom of expression (two cases, Art. 10 ECHR), right to family and private life (one case, Art. 8 ECHR) and prohibition of torture, inhuman or degrading treatment or punishment (one case, Art. 3 ECHR). Generally, submitters of the complaints against Montenegro, that passed administrative eligibility check, usually referred to violation of Article 6 (right to fair trial), Art. 13 (right to efficient legal remedy), Art. 14 (prohibition of discrimination), Art. 1 of Protocol 1 (right to property), Art. 3 (prohibition of torture, inhuman or degrading treatment or punishment), Art. 5 (right to liberty and security of person), Art. 2 (right to life) and Art. 10 (freedom of expression). All of this is important for further establishment of court practice before Montenegrin courts, which has to be in line with verdicts of ECHR. Montenegrin judges have to be aligned with their decisions to the positive legal norms and case law of ECHR. This kind of path leads directly to establishment of rule of law in Montenegro, same as avoiding this path would cause legal wandering, uncertainty, inappropriate political influence and unnecessary delay in reforms essential for Montenegrin society. We hope that this compilation of verdicts of ECHR1 will stimulate both citizens to search for their rights and trust that justice can be achieved, and the ones responsible in judiciary system, system of public authority, civil society to further improve their knowledge and skills by familiarising and harmonising with case law of ECHR, thereby protecting rights prescribed by Convention in practice much more effectively
More...Keywords: human; fundamental rights; protection at European level;
In this study are being presented the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union, the most important legal documents for the protection of human rights on the European continent, as well as the relationships between them. This analysis also aims to highlight the importance of these two documents in the sphere of human rights protection.
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