Aktualiausios žmogaus teisių užtikrinimo Lietuvoje 2008–2013 m. problemos: teisinis tyrimas: monografija

Reaguodami į besikeičiančias aktualijas, autoriai šiam tyrimui pasirinko ne tik ilgėlesnį tyrimo laikotarpį, kitokią žmogaus teisių užtikrinimo problemų tyrimo taktiką, leidžiančią kryptingiau ir labiau į jas įsigilinti, bet ir kitaip atnaujino savo ankstesnį darbą.

In the monograph, which was prepared on the basis of renewed scientific studies, the systematic research of human rights condition in Lithuania was set out which revealed the set of problems related to the legal regulation and practical ensuring of civil, political, economic, social and cultural rights and freedoms. The research allowed to perform analysis of the most problematic areas and to formulate recommendations how to improve them. Authors of the research referred to the analysis of legal acts and other documents, statistical data, scientific literature, interviews with experts in different areas, as well as, the most frequent publications in the news portal Delfi in recent years, related to human rights issues, or publications which have reached the maximum number of comments and the data of public opinion survey about the enforcement of certain human rights. The cases of violation and failure to implement the principles of rule of law state (i.e. the legal certainty, legitimate expectations, prohibition of arbitrary, prevention of abuse of other people by certain group of individuals, non-discrimination and equality under the law, reasonable limitation of human rights), which were chosen as criteria of evaluation of failure to ensure human rights, confirmed the insufficiency and weaknesses of legal regulation in Lithuania in the sphere of human rights and freedoms. Non-complexity/non-systematicity, inconsistency, intricacy, uncertainty, and often - instability (which may be potential or officially recognized but adjusted), unconstitutionality, and in some cases nonconformity with international standards of human rights protection, as well as the inaccessibility of legal regulation are considered to be unsuitable material guarantees of human rights and freedoms, and therefore regarded as weaknesses. The authors analyzed a wide range of relevant issues (those which are not solved, although the state recognized the need to address them; those whose solutions are treated as completely inappropriate; those whose solutions, according to the authors, could be more appropriate and effective; less relevant problems, compared with the stated before, whose proper solution may be a sufficient step to strengthen the guarantees of human rights), prepared the proposals, covering mainly the legal means which could improve the condition of legal regulation of human rights and their practical ensuring.