scholarly journals Improvement of the system of social work through activation ombudsman

2021 ◽  
pp. 52-58
Author(s):  
Iryna Surovtseva
Keyword(s):  
Human Rights ◽  
Social Workers ◽  
Social Services ◽  
Social Protection ◽  
Service Providers ◽  
The State ◽  
Annual Reports ◽  
Professional Activity ◽  
Rights Protection ◽  
The Right

The article is devoted to the partnership of social workers and ombudsmen as an influential tool for the citizens' rights protection. The common aspects of professional activity of social workers and ombudsmen in the citizens' rights protection of Ukraine and European countries are analyzed. Analyzed the annual reports of the National Ombudsman, clarified the dynamics of the receipt of citizens' reports about violations of their rights. There is a growing number of human rights violations in the field of social protection. The ombudsman has the right to make recommendations to the central executive bodies, which are ripe after the monitoring visits. Through the activities of social workers and the ombudsman, the state assumes the main functions of ensuring human rights in the social sphere. Foreign experience on the significant role of «natural allies» (social workers and ombudsmen) in drafting a formal protocol of strategic and tactical cooperation to optimize the residents' interests based on a friendly advisory approach have been highlighted. Most often, social workers and ombudsmen are forced to act as intermediaries between people and the state or other bodies to uphold justice and provide protection in cases where measures taken by the state in the interests of society as a whole threaten the rights and freedoms of individuals or groups. There is a need to intensify cooperation between the ombudsman's offices, social protection departments and social service providers (for example, through the joint Commissions on the quality of social services establishment, joint investigations into unsatisfactory social or medical care complaints). It seems relevant to expand the positions of specialized ombudsmen (for social protection (security), military ombudsman) as independent officials in communities (municipalities) for Ukraine.

scholarly journals Analysing Social Needs of the Ukrainian Ex-Combatants: Looking on The Lived Experience

2021 ◽  
Vol 7 (6) ◽  
pp. 3001-3011
Author(s):  
Tetyana Semigina ◽  
◽  
Anna Kachmaryk ◽  
Olena Karagodina ◽  
◽  
...  
Keyword(s):  
Social Support ◽  
Social Work ◽  
Social Workers ◽  
Social Services ◽  
Social Protection ◽  
The State ◽  
Psychological Support ◽  
Social Needs ◽  
The Social ◽  
Material Benefits

Since 2014, Ukraine experiences armed conflict on the territory of its eastern part. The Ukrainian government had announced the anti-terrorist operation (ATO) to combat the separatists. This paper reports on research exploring the social needs of ex-combatants in Ukraine and pathways for social reintegration available to them. The research data reached theoretical saturation by interviewing ten ex-combatants and 11 representatives of different services (social workers, psychologists, psychotherapists, priests etc.). Additionally, field notes and grey literature were also considered for the analysis. To triangle, the data received from an interview the analysis of national legal acts on social protection of ex-combatants were analysed. The following emerging themes came from the study: 1) expectations vs ambivalent attitudes and needs; 2) needs in social workers vs lack of social services. First, the study demonstrates that the primary need of the ATO (OOS) participant after returning home is social and psychological support. ATO participants say they have high expectations for the family and society, not from the state. However, some of the ex-combatants face ambivalent and hostile attitudes. Conducted interviews reveal that social support to ATO veterans is reduced mainly to material benefits: privileges, subsidies, cash payments, etc. There is still no single model of social support for ATO participants that is legally defined. In addition, there is no prescribed standardised mechanism for providing social services to combatants. The Ukrainian legislation includes several acts related to providing various benefits and guarantees of social protection for veterans. However, the ex-combatants stated that they filled unprotected. Opportunities for employment, education and good quality of life overall without the support promised by the legislation was rather tricky. Data suggest that transition to civilian life for ex-combatants is undermined by inadequate procedures, lack of support, and complicated administrative demands. Based on the study findings, the recommendations to amend the state program of physical, medical, psychological rehabilitation and re-adaptation of ATO participants were proposed. The changes to the program might include the introduction of social and psychological support to be provided by all centres and services for ATO veterans. Furthermore, social participation and inclusion of ex-combatants concerning the DDR (Disarmament –Demobilisation and Reintegration) concept and resilience-based approach should be a core idea of social work approach instead of paternalistic social welfare approaches inherited by Ukraine from the Soviet model of social assistance. The findings indicate pitfalls in the protective framework of war veterans. Currently, the available social support comes down to material benefits: benefits, subsidies, cash payments and more. Respondents point out the need to develop comprehensive social work interventions for combatants. This paper concludes that more needs to be done to enhance the social services for the new group of social work clients, including services that could enable ex-combatants to develop the skills they need to reintegrate within their community.

scholarly journals Legal mechanism for implementation of human rights in Ukraine: state and directions of improvement

2021 ◽  
pp. 5-10
Author(s):  
L.V. Yarmol
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Social Protection ◽  
Theoretical Description ◽  
The State ◽  
Social Mechanism ◽  
Right To Health Care ◽  
Rights Of The Child ◽  
The Right ◽  
Legal Mechanism

The article presents a general theoretical description of the legal mechanism for the implementation of human rights. It is emphasized that the important role in implementing human rights is played by the state, as well as other institutions of society - religious organizations, public organizations, the media, etc., as well as specific people. It is stated that the social mechanism for implementing human rights includes the following mechanisms: 1) the international mechanism for ensuring human rights; 2) legal (domestic) mechanism for ensuring human rights; 3) the mechanism of ensuring human rights through other social means (moral, religious, etc.). The concept of the legal mechanism for implementation of human rights as a system of effective legal means (guarantees) for the protection and defense of human rights enshrined in regulations and other sources of law, as well as activities to form legal awareness of the subjects. The main problems in the field of the legal implementation of human rights in Ukraine are outlined. The main directions of improving the mechanism of the legal implementation of human rights in Ukraine are formulated: - enshrining in the Constitution of Ukraine special sections devoted to: 1) guarantees of fundamental human and civil rights and freedoms; 2) the rights of the child and legal guarantees for their provision; - bringing the provisions of the laws of Ukraine on human rights in line with international human rights standards; - adopting laws of Ukraine, where there are gaps in the field of regulation of the implementation of certain human rights; - improving the laws of Ukraine on human rights so that they express the will of the majority or the entire population; - restricting human rights only in cases specified by law, taking into account the need and expediency for society; - increasing the level of mutual responsibility of the individual and the state; - improving procedural and legal mechanisms for implementing human rights; - increasing the role of the judiciary of Ukraine as the most reliable and effective legal guarantee of human rights protection; - more effective application by the courts of Ukraine during the consideration of cases of the Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights as a source of law; - raising the level of legal awareness of officials and other participants in public and state life; - more effective legal implementation of the rights of certain categories of people who especially need it in modern conditions (children; socially vulnerable persons, women, etc.); - more effective legal implementation, first of all, of vital human rights: the right to life, the right to social protection; the right to an adequate standard of living for oneself and one's family; the right to health care, medical assistance; the right to a safe environment for life and health.

scholarly journals Organizational Foundations of Social Entrepreneurship: Features of Contractual Structures

2020 ◽  
Vol 4 (91) ◽  
pp. 54-58
Author(s):  
U.B. Filatova ◽  
◽  
E.O. Ganeva ◽  
Keyword(s):  
Social Services ◽  
Social Entrepreneurship ◽  
Social Order ◽  
Service Providers ◽  
The State ◽  
Theoretical Approaches ◽  
Russian State ◽  
Legal Nature ◽  
The Right ◽  
Contractual Structures

The article is devoted to the research of the Institute of social entrepreneurship. The authors identify the features of the organization of contractual relations in relations mediating the provision of social services. Attention is drawn to the fact that the legislation does not have a unified approach to understanding social services, as well as an exhaustive list of services related to social services. Based on the analysis of current legislation on social entrepreneurship, the article identifies problems related to determining the legal nature of the state (municipal) social order. The authors consider various theoretical approaches to defining the concept of state order. In the doctrine, the state order is considered as a managerial administrative act, as a set of administrative and legal acts, as a task or assignment of the state, and even as a public law institution for implementing the Constitution, laws, and functions of the Russian state in the form of an administrative regime of relations between the state and private law subjects. As a key category that links together all other components of the procurement process, the state order has not found conceptual certainty either in legislation or in legal science. It is proved that a social order by its nature is a private legal act, and the placement of such an order should be considered as a unilateral transaction to provide the authorized body with the right to meet the needs of citizens in social services. At the same time, such a transaction is aimed at organizing relations between state authorities, local self-government bodies and service providers. It is concluded that actions for placing a state (municipal) social order aimed at creating preliminary relations for the provision of social services are a one-sided organizing transaction.

scholarly journals COVID-19 and the Human Rights of Nationals Abroad

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 317-321
Author(s):  
Guofu Liu
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Family Members ◽  
Right To Health ◽  
Standard Of Living ◽  
Work Permit ◽  
Rights Protection ◽  
The Right

The COVID-19 pandemic is having serious and disproportionate effects on nationals abroad and their families globally. Many states have adopted positive measures including temporarily suspending forced returns as well providing visa and work permit extensions, temporary residence, or other forms of regular status to ensure that migrants are accounted for in national responses to the pandemic. Nevertheless, the human rights of nationals abroad and nationals with foreign family members have faced significant challenges. Some states have fully or partially closed entry to all of their own nationals and their foreign family members, in violation of nationals’ right to return and their right of family unification. Other states’ nationals abroad have been unable to enjoy the right to an adequate standard of living and the right to health. Many have also encountered the burdens of hate speech in both their home states and the states in which they live, the effect of which has been to undermine freedom of opinion and expression and the right to equality and non-discrimination. This essay identifies and explains these threats to human rights in the era of COVID-19. The essay encourages states to recommit to rights protection.

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

scholarly journals Examining the Reproductive Rights in the Wake of COVID-19 Pandemic in Nigeria

2021 ◽  
Vol 2 (1) ◽  
pp. 29
Author(s):  
Uche Nnawulezi ◽  
Bosede Remilekun Adeuti
Keyword(s):  
Human Rights ◽  
Reproductive Rights ◽  
Mortality And Morbidity ◽  
Rights Protection ◽  
National Human ◽  
Integral Response ◽  
Policies And Programs ◽  
Intractable Problem ◽  
The Right ◽  
Health Rights

The prospect of achieving sustainable reproductive rights protection in the wake of the COVID-19 pandemic in Nigeria has remained an intractable problem. To identify and recognize reproductive rights, it is necessary to comprehend that reproductive right embraces certain human rights recognized in national and international laws, including international human rights’ documents. This paper examines the existing Nigeria laws on reproductive and health rights and ascertains the extent to which it has continually and predictably addressed the reproductive rights protection problem. There is a significant protection gap in the national human rights architecture. At the international level, among the poorer adolescent girls between the age of 15-19 years, it frequently results in early pregnancy and, of course, unsafe abortion. Thus, this gap relates in particular to questions on lack of access to family planning services. This paper argues that improvement of reproductive and sexual health goes far beyond the right to life and the right to health of women and girls. To guarantee Nigeria's reproductive rights, a more integral response to these critical human rights and development challenges can address Nigeria's protection gap. This paper adopts an analytical and qualitative approach by referring to existing pieces of literature achieved by the synthesis of ideas. This paper concludes that the adoption of a new approach to policies and programs on preventable maternal mortality and morbidity guarantees the right to attain the highest standard of sexual reproductive health in Nigeria. KEYWORDS: Reproductive Rights, Health Issues, COVID-19 Pandemic, Nigeria.

scholarly journals The prosecutor’s office on the defense human and civil rights and freedoms in the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 87-92
Author(s):  
T. I. Otcheskaya
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
People’S Republic Of China ◽  
Labor Rights ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Russian Federation ◽  
The Right

The article is devoted to topical issues of protection of human and civil rights and freedoms by an important state body — the prosecutor’s offi ce in two states — the Russian Federation and the People’s Republic of China. The author investigated the issue of the formation of prosecutorial supervision in the European space in the mechanism of statehood on the example of the Russian Federation and in the Asian space on the example of the People’s Republic of China.At the same time, the approaches of the two states to the protection of human rights at the constitutional level, which are regulated by the Constitution of the PRC and the Constitution of the Russian Federation, have been studied. The achievements of the Russian prosecutor’s offi ce in protecting human and civil rights and freedoms, which are the responsibility of the state, including on issues of observance of the labor rights of citizens, the right of citizens to protect life and health, are consecrated.The state program of action in the fi eld of human rights adopted by the State Council of the People’s Republic of China has also been studied in detail. Achievements in the social sphere are shown, which are provided not only by the state, but also by the prosecutor’s offi ce. The approaches of legal science in the two states are consecrated not only in the regulation of human and civil rights and freedoms, but also in their provision.Based on the material studied, the author concluded that it is possible to use the positive experience of Russia and China, mutually in both states, in order to ensure the protection of human and civil rights and freedoms in each of them.

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