Ensuring human rights in the process of applying administrative measures

Other administrative violations in the Law on Handling of Administrative Violations" implemented by the Project on Enhancing Access to Rights and Protection of Justice in Vietnam in 2011...etc.

Besides, many research works of other authors have been published in specialized journals and magazines such as: State and Law Magazine, Democracy and Law Magazine, People's Court Magazine, Human Rights Magazine, etc.

Although there have been many scientific research works on the field of human rights, in general, the above research works mainly refer to general theoretical issues on human rights, each specific field of human rights activities, the organization and operation of state apparatus, and the development of laws on ensuring human rights in general. In particular, there are only a few aspects specifically referring to human rights in the application of administrative measures. The issue of ensuring human rights in the process of applying administrative measures has not been studied comprehensively and directly in both theory and practice. However, the above works are still important reference materials for the author in the process of writing the thesis.

3. Purpose and tasks of the thesis

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3.1. Purpose

Revealing theoretical issues on ensuring human rights in the process of applying BPXLHC, at the same time studying the current status of legal regulations as well as practical application, clarifying shortcomings and limitations, to propose directions and solutions to strengthen the guarantee of human rights in the process of applying BPXLHC.

3.2. Tasks

To achieve the above research objectives, the research tasks are:

- Reveal theoretical issues on human rights in the process of applying BPXLHC.

- Analyze the provisions of the Law on Handling of Administrative Violations 2012 related to the protection of human rights in the process of applying the Law on Handling of Administrative Violations; find out the limitations and causes of inadequacies in practical implementation.

- Proposing directions and solutions to improve measures to ensure human rights in the process of applying BPXLHC

4. Research object and scope

4.1. Research subjects

- The thesis studies the theoretical issues of human rights and the guarantee of human rights in the process of applying BPXLHC.

- Analyze and evaluate current legal regulations and applicable practices to provide recommendations and solutions to improve the effectiveness of ensuring human rights in the process of applying BPXLHC.

4.2. Scope of research

The scope of the thesis is limited to the following areas:

- Some theoretical issues on ensuring human rights in the process of applying BPXLHC

- The current status of human rights protection in the process of applying BPXLHC

- Directions and solutions to improve measures to ensure human rights in the process of applying BPXLHC

5. Theoretical basis and research methods

5.1. Theoretical basis

The thesis is based on the methodology of Marxism-Leninism (dialectical materialism and historical materialism), Ho Chi Minh thought and the viewpoints of our Party and State on State and Law, on the socialist rule of law State, and on the protection of human rights.

The research is conducted from the theoretical perspective of human rights in general and from the perspective of administrative handling in particular.

5.2. Research methods

The specific research methods used are analysis, synthesis, history, comparison, statistics, survey... During the implementation of the topic, the author studied specific records and reports of reform schools, educational institutions, and medical facilities to have a practical basis.

6. Scientific novelty of the thesis

The topic is one of the systematic research works on theory and practice of ensuring human rights in the process of applying administrative measures and has the following highlights:

- A system of viewpoints, theoretical concepts, and knowledge on ensuring human rights within the scope of applying BPXLHC.

- For the first time, the concept of ensuring human rights in the process of applying BPXLHC was developed.

- A general collection of practical guarantees of human rights in the process of applying BPXLHC.

- Especially, for the first time, solutions were proposed to ensure human rights in the process of applying BPXLHC.

7. Research results and significance of the thesis

The topic is a modest contribution in solving scientifically one of the urgent issues in our country today, which is the protection of human rights. The thesis will contribute a part of theory and practical experience for the effective implementation of ensuring human rights in the process of applying BPXLHC. The results of the thesis are valuable for those interested in this field.

8. Thesis structure

In addition to the introduction and conclusion, list of abbreviations, list of references

References. The content of the thesis consists of 3 chapters, as follows:

- Chapter 1: Some theoretical issues on ensuring human rights in the process of applying BPXLHC

- Chapter 2: Current status of human rights protection in the process of applying BPXLHC

- Chapter 3: Directions and solutions to improve measures to ensure human rights in the process of applying BPXLHC

CHAPTER 1

SOME THEORETICAL ISSUES ON ENSURING HUMAN RIGHTS IN THE PROCESS OF APPLYING ADMINISTRATIVE MEASURES

1.1. GENERAL UNDERSTANDING OF HUMAN RIGHTS

1.1.1. Concept of human rights

1.1.1.1. History of human rights development in the world

The issue of human rights has had a long-term development full of ups and downs in the world, associated with the people's struggle for freedom, democracy, against the oppression and exploitation of the rulers. The history of human rights development in the world has gone through the following periods:

* Ancient times

During the period of slavery, although the interests of the slave-owning class were always respected, there were legal documents that recognized and protected the human rights of the people. In 1780 BC, the Code of Hammurabi was promulgated in Babylon. In many aspects, the code was concerned with protecting the people from the hardships of life and the oppression of the powerful, while at the same time expressing some quite progressive ideas at that time and was considered the first recognition of human rights in human history. Another event, in 539 BC, King Cyrus of the Persian Empire had a famous declaration engraved on a pillar (Cyrus pillar) which recognized basic human rights such as: freedom of religion, racial equality, and freedom for slaves. This ancient document is considered by many scholars as the world's first Charter of Human Rights.

* Feudal times

During the feudal period in Europe, human rights were stifled under the rule of the feudal monarchy and the church. But the emergence of

The capitalist mode of production created the premise for the development of the idea of human rights. In 1215, under pressure from the people, King John of England had to sign the Magna Carta. This is considered a famous legal document, creating a turning point in the history of human rights and freedom. The charter recognized a number of human rights such as: the right to property, inheritance, the right to freedom of trade, the right not to be overtaxed, the right to a fair trial and equality before the law... In addition, the charter also regulates the control of state power, preventing state agencies from violating the legitimate rights of citizens.

During the Renaissance in Europe, humanism was formed. Humanism declared human individual freedom, opposed religious asceticism, and advocated the right to enjoy pleasure and happiness on earth. In that context, the doctrine of Natural Human Rights developed strongly, having a profound influence on the political and legal situation in the world. The doctrine of Natural Human Rights holds that humans have inherent rights bestowed by nature such as the right to life, the right to freedom, the right to property; human rights are sacred, noble and must be ranked higher than the law of the state; the people give power to the state, so the power of the state is limited and the state has obligations to the people. One of the typical thinkers of this period was John Locke (1632 - 1704). His thoughts had a great influence on the US Constitution later.

* Modern times and before World War II

The ideas of Western Enlightenment had a strong impact on bourgeois revolutions. The American Revolution succeeded; the 1776 Declaration of Independence of the United States solemnly declared: "All men are created equal. They are endowed by their Creator with certain unalienable rights; among these are life, liberty and the right to life."

the right to pursue happiness " [31, p.555]. In particular, the first 10 amendments to the United States Constitution - collectively known as the United States Declaration of Human Rights - which came into effect in 1791 fully defined human rights, set out measures to protect and enforce human rights, and set limits on state power to avoid violating human rights. At the same time, on the other side of the ocean, the French bourgeois revolution broke out in 1789, marking a major turning point in the world's democratic process. The Declaration of the Rights of Man and of the Citizen was passed by Congress, with a total of 17 articles. Of which, the most famous are Articles 1 and 2 and are quoted the most: "Men are born free and equal in rights, and must always remain free and equal in rights. Social distinctions can only be established on the basis of the common good " [31, p.561]. And the purpose of every political organization is “the preservation of natural resources and the inalienable rights of man, namely, liberty, property, security, and resistance to oppression ” [29, p.562]. The ideas from the American and French revolutions sparked many bourgeois revolutions in Europe, causing great upheavals in this region. Within 35 years, from 1795 to 1830, more than 70 constitutions bearing the mark of the Declaration of the Rights of Man and of the Citizen were born.

In the 19th century, human rights became a widespread issue in the world. The struggle to abolish slavery and the slave trade was strong. The victory of the Northern Union in the American Civil War (1861 - 1865) abolished slavery; at the same time, it freed millions of slaves in this country. In addition, the movement to improve working conditions for workers and protect victims in armed conflicts around the world also developed strongly. In 1919, the League of Nations and the International Labor Organization (ILO) were established; these two organizations have made many contributions to promoting human rights issues in the world .

* After World War II

World War II was a decisive impetus for the emergence of international human rights law. The devastation of the war made people around the world realize the need to establish an international organization to ensure that people around the world would not suffer the human rights disasters caused by fascism. This organization must have strong legal mechanisms to effectively implement international protection of human rights. On April 25, 1945, representatives of 50 countries around the world gathered in San Francisco, USA to establish an international organization called the United Nations. On June 26, 1945, the United Nations Charter was signed and came into effect on October 24, 1945, marking an important milestone in the development of international human rights law.

According to Article 1 of the United Nations Charter, 1945, one of the four basic purposes of the United Nations is: " To achieve international cooperation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion " [42, p.17]. Several other provisions of the Charter also mention the promotion of human rights. Through the Charter, for the first time human rights were recognized as a universal value of humanity on a global scale and respect for human rights is a common responsibility of the community of nations.

Based on the activities of the United Nations, the International Bill of Human Rights was born. The International Bill of Human Rights is the general name for the three international human rights documents drafted by the United Nations, including the 1948 Universal Declaration of Human Rights (UDHR), the 1966 International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights.

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