Please use this identifier to cite or link to this item: https://dspace.nlu.edu.ua//jspui/handle/123456789/20135
Title: Features of personal rights and freedoms in the United States
Authors: Ignatieva, A.I.
Keywords: features
personal rights and freedoms
views
national legal procedures
moral claims
integral part
norms and standards
discrimination
особливості
особисті права і свободи людини
погляди
національні юридичні процедури
моральні вимоги
складова частина
норми і стандарти
дискримінація
Issue Date: 2021
Publisher: НЮУ ім. Ярослава Мудрого
Citation: Ignatievа A. I. Features of personal rights and freedoms in the United States / A. I. Ignatievа // Альманах міжнародного права. – 2021. – № 25. – C. 57–64. - DOI: https://doi.org/10.32841/ILA.2021.25.07.
Abstract: The article highlights, that the central place in the system of organizational and legal guarantees for the protection of constitutional personal rights and freedoms in the United States is occupied by the judiciary, which is a means of protecting and protecting rights from violation by law enforcement agencies. In accordance with international human rights standards, all policing must be guided by the principles of legality, according to which the exercise of any police authority must be carried out in accordance with the law and on its basis; the need for the police to exercise their powers only to the extent strictly necessary to achieve a legitimate law enforcement purpose; proportionality: the exercise of authority must be proportionate to the seriousness of the offense or the achievement of the purpose of the police; and accountability that police officers should be held accountable for their compliance with the law in the performance of their duties and responsibilities. Despite Washington’s desire to play the role of an exceptional leader in the protection and protection of human rights and freedoms, the human rights situation in the United States leaves much to be desired. In some respects, compared to 2018, there is a deterioration. The systemic problems of American society are only getting worse. These include racism and discrimination against immigrants, rampant xenophobia and rising extremism, prejudice against the judiciary, ill-treatment of prisoners, mass surveillance of citizens, control and suppression of the media, and the imperfection of the electoral system. The American concept of civil rights and freedoms is characterized by a large number of sources, religious and ethical norms and ideals, the principles of Roman law, English common law. The review of the human rights situation in a country is based on government reports, information from independent experts and UN expert groups on human rights, as well as information from regional and national non-governmental organizations. All these data are collected in a separate document provided to the members of the Human Rights Council.Independent UN experts have stated that the United States, where there is structural discrimination on the grounds of race, “remains segregated by society”. The document expresses concern over racist demonstrations organized by members of white nationalist and neo-Nazi groups that promote white supremacy and incite racial hatred. Among other issues that require attention, the review notes the forced separation of migrant families as a punitive means of deterring illegal entry into the country, which is contrary to international human rights norms and standards.
URI: https://doi.org/10.32841/ILA.2021.25.07
https://dspace.nlu.edu.ua//jspui/handle/123456789/20135
Appears in Collections:Наукові статті Військово-юридичного інституту

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