European Journal of Law and Political Sciences, 2015
Abstract: In October 2012, in the Stavropol region of the Russian Federation was a scandal associ... more Abstract: In October 2012, in the Stavropol region of the Russian Federation was a scandal associated with the wearing of Muslim religious headscarves (hijab) in several rural school pupils. The school director forbade girls to wear the hijab while studying. Due to the fact that the girls wearing the hijab is not admitted to the classes, the main question was whether the ban on wearing headscarves in schools violates the right to education, and whether it was possible to consider the ban as gender discrimination in the implementation of the right to education. Keywords : human rights, right to education, right to conscience, traditional values, hijab, religion. Two years ago Russia has faced a problem that Western Eu-rope has solved 10 years ago. It concerns banning Muslim girls wearing Muslim religious headscarves (hijab) in schools. In Oc -tober 2012, in the Stavropol region of the Russian Federation was a big conflict related to the wearing of the Muslim headscarf (hijab) by several rural school pupils (girls). The school direc-tor forbade girls to wear the hijab in the classroom. As a result, girls wearing the hijab were not allowed to attend classes.Due to the fact that girls in hijabs are not admitted to the classes, the main question is to whether the ban on heads-carves in schools violated the right to education, and wheth-er it was possible to consider the ban as gender discrimina-tion in the implementation of the right to education.First of all, it is necessary to determine the legal basis of non-discrimination based on gender in the field of education at the international level and in the Russian Federation.At the international level, there are a number of docu-ments, recognizing the right to education [9, 31–40] and the prohibition of discrimination in education.Thus, the prohibition of discrimination in education is set in the UNESCO Convention against Discrimination in Education 1960 [1], which enshrines the general provisions on the measures that States Parties undertake to adopt in order to combat discrimination in education. In accordance with Article 1 of the Convention the term “discrimination” includes any distinction, exclusion, limitation or preference which, being based on sex, has the purpose or effect of nul-lifying or impairing equality of treatment in education and in particular of depriving any person or group of persons of ac-cess to education of any type or at any level (1 a).Furthermore, under Article 10 of the Convention on the Elimination of All Forms of Discrimination against Women 1979 [2], all States Parties “shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of educa -tion and in particular to ensure”.As Party of this Convention the Russian Federation has to fulfill this obligation.At the national level, according to the Constitution of the Russian Federation 1993 (art. 43):“1. Everyone shall have the right to education.2. Guarantees shall be provided for general access to and free pre-school, secondary and high vocational education in state or municipal educational establishments and at enter-prises” [3].Therefore, in Russia for everyone without discrimination must be guaranteed and secured the right to education, in-cluding free access at all levels except for higher education.A free higher education in state educational organisations must be guaranteed for everyone without discrimination on a competitive basis (art. 43 (3) of the Constitution).This is also confirmed by the provision of Article 2 of the Constitution of the Russian Federation, which states that “the recognition, observance and protection of the rights and free-doms of man and citizen shall be the obligation of the State”.The basic general education is compulsory. Parents shall enable their children to receive a basic general education (art. 43(4) of the Constitution). This provision means that parents have a duty to provide education for all children (boys and girls).The relevant provisions are also contained in the Fed-eral Law “On Education in the Russian Federation” [4]. Ar-ticle 3 establishes the right to education for everyone and the principle of non-discrimination in education (1(2)). Thus,
To date, various international treaties have been adopted at the universal and regional levels, g... more To date, various international treaties have been adopted at the universal and regional levels, guaranteeing the protection of every person’s freedom of conscience and religion. Moreover, international monitoring mechanisms have been established to protect this human freedom within the framework of the UN, as well as various regional organizations (OSCE, Council of Europe, African Union). (1) In this article, the authors analyze these mechanisms and identify both positive practices and negative discriminatory practices against Christians—citizens of the states of the Global South. (2) The methodological basis of the study involves a combination of general scientific (dialectical, historical, inductive, deductive, analytical, synthetic) and particular scientific methods (formal–legal, comparative–legal, interpretative, statistical, procedural, and dynamic). (3) The use of these allowed the authors to identify a number of key problems in the indicated discourse and to draw conclusions...
The article is devoted to the most acute problem of the modern world - the revision of the tradit... more The article is devoted to the most acute problem of the modern world - the revision of the traditional fundamental values that are the basis for the existence of all humanity. Currently in many Western countries have adopted national laws on the «gay marriage», is legalized the right of adoption of children by same-sex couples , is under discussion decriminalization of incest and pedophilia. Despite the fact that same-sex relationships, as well as other «non-traditional relationship», are known since time immemorial, until the XX century, no one tried to equate them with the traditional family relationships, presenting them as the same norm. Moreover, in most of the countries that legalized same-sex relationships, these type of relationships is shown to children as «normal» and «natural.» Parents who try to prevent children from obtaining such knowledge, facing the responsibility from the administrative penalty to criminal penalties. The problem is compounded by the fact that the co...
The migration flow that rushed to the European region from African and Middle Eastern states and ... more The migration flow that rushed to the European region from African and Middle Eastern states and other parts of the world and grew significantly in the second decade of XXI century, has given rise to new human rights protection challenges, exposing, among others, the veiled trend of de-Christianization of Europe, which has been emerging for a considerable time.
Holy Mountain Athos has a unique legal status, with self-government of twenty monasteries between... more Holy Mountain Athos has a unique legal status, with self-government of twenty monasteries between which the entire Athos peninsula is divided, the state sovereignty of Greece over this territory and the canonical submission to the Constantinople Patriarchate. Such “trilateral” subordination leads to the fact that, on the one hand, the European Union, of which Greece is a member, is trying to encroach upon the unshakable thousand-year avaton rule. On the other hand, the anti-canonical actions of Patriarch Bartholomew led to the fact that the Russian Orthodox Church was forced to stop the Eucharistic communion with the Patriarchate of Constantinople, to which the monasteries of Athos are canonically subordinated, including the Russian St. Panteleimon Monastery. Moreover, the actions of Patriarch Bartholomew are not related to internal church issues, but are the result of the policy pursued by Western states in Ukraine. The position of Athos, as the chief custodian of the purity of the...
Objectives: International law contains several provisions on the protection of family and marriag... more Objectives: International law contains several provisions on the protection of family and marriage rights of a person. The concept of a “family”, though not legally defined, has always been understood in a centuries-rooted way, i.e. as a union of a man and a woman. Recent decades witness aggressive promotion of distorted understanding of a family. Methods/ Statistical Analysis: The analysis of international practices as well as comparative legal instruments on human rights shows that in the 20th century the concept of a family was attacked by the lobbyists of ‘LGBT’s rights’. The phenomenon that was considered throughout a human history as a deviation is nowadays declared to be a universal value. Findings: The article explores the examples of France, Germany and Russia to show how protection of human dignity comes to an absurd when dignity is found in unnatural relationships and when those not willing to accept such an approach are persecuted, talking about individuals, and heavily criticized, if we speak about states. Application/Improvement: The authors of the article attempt to attract attention to inconsistencies between the obligations had undertaken by states in the domain of family rights of a person and the newest interpretations of these obligations that contract with the nature of the states’ commitments.
Background/Objectives: The term "dignity" is widely used in the texts of the in... more Background/Objectives: The term "dignity" is widely used in the texts of the international legal instruments, but international law has not developed its agreed definition. This concept of dignity is reflected in the first international human rights instruments. Methods/Statistical analysis: Analysis of international instruments on human rights shows that in the 20th century, the concept of dignity became the basis of human rights law. This is confirmed by the fact that, firstly, dignity is inherent to all members of the human family. Secondly, all human beings are free and equal in dignity and rights. And thirdly, these rights derive from the inherent dignity of the human person. That is why the better understanding of human dignity as a traditional value can boost promotion and fulfillment of human rights. Findings: The article deals with the concept of dignity from the standpoint of philosophy, Western Christianity and Russian Orthodoxy that contributed to the formulation of the concept of dignity, its definition and elements, and international law. Applications/Improvements: The centrality of human dignity in universal human rights texts can be explained by its core nature. It is fundamental and at the same time it seems uncontroversial enough to attract the entirety of the world community notwithstanding the diversity of morals, cultures, ethnicities, and religions that exist within the broad range of nations.
European Journal of Law and Political Sciences, 2015
Abstract: In October 2012, in the Stavropol region of the Russian Federation was a scandal associ... more Abstract: In October 2012, in the Stavropol region of the Russian Federation was a scandal associated with the wearing of Muslim religious headscarves (hijab) in several rural school pupils. The school director forbade girls to wear the hijab while studying. Due to the fact that the girls wearing the hijab is not admitted to the classes, the main question was whether the ban on wearing headscarves in schools violates the right to education, and whether it was possible to consider the ban as gender discrimination in the implementation of the right to education. Keywords : human rights, right to education, right to conscience, traditional values, hijab, religion. Two years ago Russia has faced a problem that Western Eu-rope has solved 10 years ago. It concerns banning Muslim girls wearing Muslim religious headscarves (hijab) in schools. In Oc -tober 2012, in the Stavropol region of the Russian Federation was a big conflict related to the wearing of the Muslim headscarf (hijab) by several rural school pupils (girls). The school direc-tor forbade girls to wear the hijab in the classroom. As a result, girls wearing the hijab were not allowed to attend classes.Due to the fact that girls in hijabs are not admitted to the classes, the main question is to whether the ban on heads-carves in schools violated the right to education, and wheth-er it was possible to consider the ban as gender discrimina-tion in the implementation of the right to education.First of all, it is necessary to determine the legal basis of non-discrimination based on gender in the field of education at the international level and in the Russian Federation.At the international level, there are a number of docu-ments, recognizing the right to education [9, 31–40] and the prohibition of discrimination in education.Thus, the prohibition of discrimination in education is set in the UNESCO Convention against Discrimination in Education 1960 [1], which enshrines the general provisions on the measures that States Parties undertake to adopt in order to combat discrimination in education. In accordance with Article 1 of the Convention the term “discrimination” includes any distinction, exclusion, limitation or preference which, being based on sex, has the purpose or effect of nul-lifying or impairing equality of treatment in education and in particular of depriving any person or group of persons of ac-cess to education of any type or at any level (1 a).Furthermore, under Article 10 of the Convention on the Elimination of All Forms of Discrimination against Women 1979 [2], all States Parties “shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of educa -tion and in particular to ensure”.As Party of this Convention the Russian Federation has to fulfill this obligation.At the national level, according to the Constitution of the Russian Federation 1993 (art. 43):“1. Everyone shall have the right to education.2. Guarantees shall be provided for general access to and free pre-school, secondary and high vocational education in state or municipal educational establishments and at enter-prises” [3].Therefore, in Russia for everyone without discrimination must be guaranteed and secured the right to education, in-cluding free access at all levels except for higher education.A free higher education in state educational organisations must be guaranteed for everyone without discrimination on a competitive basis (art. 43 (3) of the Constitution).This is also confirmed by the provision of Article 2 of the Constitution of the Russian Federation, which states that “the recognition, observance and protection of the rights and free-doms of man and citizen shall be the obligation of the State”.The basic general education is compulsory. Parents shall enable their children to receive a basic general education (art. 43(4) of the Constitution). This provision means that parents have a duty to provide education for all children (boys and girls).The relevant provisions are also contained in the Fed-eral Law “On Education in the Russian Federation” [4]. Ar-ticle 3 establishes the right to education for everyone and the principle of non-discrimination in education (1(2)). Thus,
To date, various international treaties have been adopted at the universal and regional levels, g... more To date, various international treaties have been adopted at the universal and regional levels, guaranteeing the protection of every person’s freedom of conscience and religion. Moreover, international monitoring mechanisms have been established to protect this human freedom within the framework of the UN, as well as various regional organizations (OSCE, Council of Europe, African Union). (1) In this article, the authors analyze these mechanisms and identify both positive practices and negative discriminatory practices against Christians—citizens of the states of the Global South. (2) The methodological basis of the study involves a combination of general scientific (dialectical, historical, inductive, deductive, analytical, synthetic) and particular scientific methods (formal–legal, comparative–legal, interpretative, statistical, procedural, and dynamic). (3) The use of these allowed the authors to identify a number of key problems in the indicated discourse and to draw conclusions...
The article is devoted to the most acute problem of the modern world - the revision of the tradit... more The article is devoted to the most acute problem of the modern world - the revision of the traditional fundamental values that are the basis for the existence of all humanity. Currently in many Western countries have adopted national laws on the «gay marriage», is legalized the right of adoption of children by same-sex couples , is under discussion decriminalization of incest and pedophilia. Despite the fact that same-sex relationships, as well as other «non-traditional relationship», are known since time immemorial, until the XX century, no one tried to equate them with the traditional family relationships, presenting them as the same norm. Moreover, in most of the countries that legalized same-sex relationships, these type of relationships is shown to children as «normal» and «natural.» Parents who try to prevent children from obtaining such knowledge, facing the responsibility from the administrative penalty to criminal penalties. The problem is compounded by the fact that the co...
The migration flow that rushed to the European region from African and Middle Eastern states and ... more The migration flow that rushed to the European region from African and Middle Eastern states and other parts of the world and grew significantly in the second decade of XXI century, has given rise to new human rights protection challenges, exposing, among others, the veiled trend of de-Christianization of Europe, which has been emerging for a considerable time.
Holy Mountain Athos has a unique legal status, with self-government of twenty monasteries between... more Holy Mountain Athos has a unique legal status, with self-government of twenty monasteries between which the entire Athos peninsula is divided, the state sovereignty of Greece over this territory and the canonical submission to the Constantinople Patriarchate. Such “trilateral” subordination leads to the fact that, on the one hand, the European Union, of which Greece is a member, is trying to encroach upon the unshakable thousand-year avaton rule. On the other hand, the anti-canonical actions of Patriarch Bartholomew led to the fact that the Russian Orthodox Church was forced to stop the Eucharistic communion with the Patriarchate of Constantinople, to which the monasteries of Athos are canonically subordinated, including the Russian St. Panteleimon Monastery. Moreover, the actions of Patriarch Bartholomew are not related to internal church issues, but are the result of the policy pursued by Western states in Ukraine. The position of Athos, as the chief custodian of the purity of the...
Objectives: International law contains several provisions on the protection of family and marriag... more Objectives: International law contains several provisions on the protection of family and marriage rights of a person. The concept of a “family”, though not legally defined, has always been understood in a centuries-rooted way, i.e. as a union of a man and a woman. Recent decades witness aggressive promotion of distorted understanding of a family. Methods/ Statistical Analysis: The analysis of international practices as well as comparative legal instruments on human rights shows that in the 20th century the concept of a family was attacked by the lobbyists of ‘LGBT’s rights’. The phenomenon that was considered throughout a human history as a deviation is nowadays declared to be a universal value. Findings: The article explores the examples of France, Germany and Russia to show how protection of human dignity comes to an absurd when dignity is found in unnatural relationships and when those not willing to accept such an approach are persecuted, talking about individuals, and heavily criticized, if we speak about states. Application/Improvement: The authors of the article attempt to attract attention to inconsistencies between the obligations had undertaken by states in the domain of family rights of a person and the newest interpretations of these obligations that contract with the nature of the states’ commitments.
Background/Objectives: The term "dignity" is widely used in the texts of the in... more Background/Objectives: The term "dignity" is widely used in the texts of the international legal instruments, but international law has not developed its agreed definition. This concept of dignity is reflected in the first international human rights instruments. Methods/Statistical analysis: Analysis of international instruments on human rights shows that in the 20th century, the concept of dignity became the basis of human rights law. This is confirmed by the fact that, firstly, dignity is inherent to all members of the human family. Secondly, all human beings are free and equal in dignity and rights. And thirdly, these rights derive from the inherent dignity of the human person. That is why the better understanding of human dignity as a traditional value can boost promotion and fulfillment of human rights. Findings: The article deals with the concept of dignity from the standpoint of philosophy, Western Christianity and Russian Orthodoxy that contributed to the formulation of the concept of dignity, its definition and elements, and international law. Applications/Improvements: The centrality of human dignity in universal human rights texts can be explained by its core nature. It is fundamental and at the same time it seems uncontroversial enough to attract the entirety of the world community notwithstanding the diversity of morals, cultures, ethnicities, and religions that exist within the broad range of nations.
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Papers by Nataliya S . Semenova