Event Title

UBT - Human Rights and Security

Presenter Information

Basri Kastrati
Nikolco Spasov

Session

Political Science

Description

Human rights are universal rights and states have an obligation to protect them and to provide guarantees to their citizens.

The right to security from crime, domestic violence, interpersonal or social violence is not expressly protected under the international system of human rights law or international conventions. However, the right to such protection may be derived from the obligations of States to ensure the security of the individual, as defined in Article 3 of the Universal Declaration of Human Rights: “Everyone has the right to life, liberty and security of person ”Also in the Constitution of the Republic of Kosovo, Article 22 in paragraphs 2 and 3 stipulates: “The Republic of Kosovo protects and guarantees the fundamental human rights and freedoms, provided in this Constitution. It is the duty of everyone to respect the fundamental rights and freedoms of others.

States under the ECHR have an obligation to take appropriate measures to protect individuals from the spread of Covid-19 and the avoidable infection and from suffering its consequences. These obligations arise from Articles 2 (Right to life), 3 (Protection from inhuman and degrading treatment) and 8 (Right to respect for private and family life).

The basic right to life is treated not infrequently in all countries of the world, however in times of pandemics this right was violated even more, especially in cases of domestic violence.

The closure within the four walls in pandemic times was another reason for the increase in violence in fragile families and at the same time to seriously endanger human life.

Kosovo and countries in the region such as northern Macedonia, Albania, etc. were no exception in these cases, so our topic is precisely about human rights and safety of life during the pandemic.

The world is going through a severe period of global pandemic by covid 19. This has led to a significant number of women especially in the whole globe as a result of isolation suffer constant violence, and at the same time have lost their lives. .

Domestic violence as highlighted above in Articles 2, 3 has shown that domestic abuses against women and children have increased. States are obliged to take measures to prevent, investigate, prosecute, and punish acts of violence committed by individuals. These obligations to prevent, investigate, prosecute, and punish may arise from Articles 2 and 3 of also from Article 8 when acts between individuals are not strict enough to engage Articles 2 or 3, but when they violate the moral, physical or personal integrity of the person. According to Article 8 States have a duty to protect the physical and moral integrity of an individual from being violated by private persons.

This positive task appears especially when it comes to protecting vulnerable individuals and includes the protection of women and children against domestic abuse. Forms of abuse or injury which may promote protection under Article 8 include acts which violate personal integrity which do not interfere physical violence or threat to life. States have positive obligations to establish and effectively implement a system that punishes all forms of domestic violence and abuse against women and children.

Some such fatalities will be dealt with in the broader context of the pandemic, as well as the actions taken by the European Court of Human Rights in protecting the lives of these victims.

Keywords:

pandemic, ECHR, Victims, domestic violence, human rights and security.

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-550-47-5

Location

UBT Kampus, Lipjan

Start Date

30-10-2021 12:00 AM

End Date

30-10-2021 12:00 AM

DOI

10.33107/ubt-ic.2021.249

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Oct 30th, 12:00 AM Oct 30th, 12:00 AM

UBT - Human Rights and Security

UBT Kampus, Lipjan

Human rights are universal rights and states have an obligation to protect them and to provide guarantees to their citizens.

The right to security from crime, domestic violence, interpersonal or social violence is not expressly protected under the international system of human rights law or international conventions. However, the right to such protection may be derived from the obligations of States to ensure the security of the individual, as defined in Article 3 of the Universal Declaration of Human Rights: “Everyone has the right to life, liberty and security of person ”Also in the Constitution of the Republic of Kosovo, Article 22 in paragraphs 2 and 3 stipulates: “The Republic of Kosovo protects and guarantees the fundamental human rights and freedoms, provided in this Constitution. It is the duty of everyone to respect the fundamental rights and freedoms of others.

States under the ECHR have an obligation to take appropriate measures to protect individuals from the spread of Covid-19 and the avoidable infection and from suffering its consequences. These obligations arise from Articles 2 (Right to life), 3 (Protection from inhuman and degrading treatment) and 8 (Right to respect for private and family life).

The basic right to life is treated not infrequently in all countries of the world, however in times of pandemics this right was violated even more, especially in cases of domestic violence.

The closure within the four walls in pandemic times was another reason for the increase in violence in fragile families and at the same time to seriously endanger human life.

Kosovo and countries in the region such as northern Macedonia, Albania, etc. were no exception in these cases, so our topic is precisely about human rights and safety of life during the pandemic.

The world is going through a severe period of global pandemic by covid 19. This has led to a significant number of women especially in the whole globe as a result of isolation suffer constant violence, and at the same time have lost their lives. .

Domestic violence as highlighted above in Articles 2, 3 has shown that domestic abuses against women and children have increased. States are obliged to take measures to prevent, investigate, prosecute, and punish acts of violence committed by individuals. These obligations to prevent, investigate, prosecute, and punish may arise from Articles 2 and 3 of also from Article 8 when acts between individuals are not strict enough to engage Articles 2 or 3, but when they violate the moral, physical or personal integrity of the person. According to Article 8 States have a duty to protect the physical and moral integrity of an individual from being violated by private persons.

This positive task appears especially when it comes to protecting vulnerable individuals and includes the protection of women and children against domestic abuse. Forms of abuse or injury which may promote protection under Article 8 include acts which violate personal integrity which do not interfere physical violence or threat to life. States have positive obligations to establish and effectively implement a system that punishes all forms of domestic violence and abuse against women and children.

Some such fatalities will be dealt with in the broader context of the pandemic, as well as the actions taken by the European Court of Human Rights in protecting the lives of these victims.