Journal articles on the topic 'General Council for Jewish Rights'
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1
Battenberg, J. Friedrich. "Normative Entwicklungen der christlich-jüdischen Beziehungen in Frankfurt im Spätmittelalter." Aschkenas 32, no. 1 (April 27, 2022): 1–31. http://dx.doi.org/10.1515/asch-2022-0006.
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Abstract Social historical research assumes that Jewish living conditions of the imperial city Frankfurt had substantially deteriorated since their ghettoization in 1462. This deterioration announced itself normatively thirty years before against the backdrop of ecclesiastical demand for visible division regarding clothing and housing. It is a fact less known. This development had started with citizenship no longer being granted by the city council to Jews but they were mere inhabitants (»Beisassen«) protected by »Stättigkeit« which was then valid for all Jews. By which, in its first general version 1424, the old state of rights was still mirrored in order to limit successively from 1439 the rights of Frankfurt’s Jews. Finally, in the version of 1474, the council abandoned its autonomous municipal statuary law for ruling Jewish matters as far as it was not in accord with »Christian order« and »common law« which is canon law and Roman law, »Ius Commune«. So this meant in fact that the council submitted to the norms of Adversus-Judaeos of Papal church. The continuing imperial »Kammerknechtschaft« (Chamber serfdom) which was to secure the influence of emperor and empire could not keep back this process of detoriation of law.
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Battenberg, J. Friedrich. "Normative Entwicklungen der christlich-jüdischen Beziehungen in Frankfurt im Spätmittelalter." Aschkenas 32, no. 1 (April 27, 2022): 1–31. http://dx.doi.org/10.1515/asch-2022-0006.
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Abstract Social historical research assumes that Jewish living conditions of the imperial city Frankfurt had substantially deteriorated since their ghettoization in 1462. This deterioration announced itself normatively thirty years before against the backdrop of ecclesiastical demand for visible division regarding clothing and housing. It is a fact less known. This development had started with citizenship no longer being granted by the city council to Jews but they were mere inhabitants (»Beisassen«) protected by »Stättigkeit« which was then valid for all Jews. By which, in its first general version 1424, the old state of rights was still mirrored in order to limit successively from 1439 the rights of Frankfurt’s Jews. Finally, in the version of 1474, the council abandoned its autonomous municipal statuary law for ruling Jewish matters as far as it was not in accord with »Christian order« and »common law« which is canon law and Roman law, »Ius Commune«. So this meant in fact that the council submitted to the norms of Adversus-Judaeos of Papal church. The continuing imperial »Kammerknechtschaft« (Chamber serfdom) which was to secure the influence of emperor and empire could not keep back this process of detoriation of law.
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HUL, Olha. "A COMPLAINT MADE BY THE LVIV JEWISH COMMUNITY AGAINST JUDGE JAN ZAIDLICH (1571)." From the history of Western Ukraine 18 (2022): 95–109. http://dx.doi.org/10.33402/zuz.2022-18-95-109.
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The struggle of the Jewish community of Lviv for the expansion of its rights in the field of judicial autonomy in the second half of the 16th century is traced. It is noted that according to the statute of Boleslaw the Pious (1264), which was based on the activities of Jewish communities in the Crown of the Kingdom of Poland, Jews could not submit to the authorities of Magdeburg law, but recognize the supremacy of Zemstvo law. It has been established that the privilege of King Casimir the Great in 1367 to confirm and extend the effect of the statute to the territory of Lesser Poland and the south-eastern territories of the kingdom was of decisive importance for the development of the judicial autonomy of the Jewish community of Lviv, because since then the Jews of Lviv could be subject not to the local wójt, but to the royal court. It is noted that in practice, the Jewish judiciary belonged to the competence of the voivode, who represented the interests of the monarch on the ground. It was emphasized that due to the large volume of work, the voivode was physically unable to deal with these cases, therefore, an additional position was created - a Jewish judge. It is indicated that this official usually belonged to the middle-affluent nobility, often performed other Zemstvo functions at the same time, and considered the position of judge as an opportunity for additional income. It is noted that the published document reproduces the protest of the Jews against their judge Jan Seidlich, who was not only a rich merchant from Lviv, but also a royal servitor (servant) and nobleman. It has been investigated that he came to the forefront of Lviv's historical events in the early 1570s and was the main leader of the public protest of Lviv residents against the city council in 1576–1577, for which in 1578 he was deprived of city rights, that is, effectively removed from city society. It was concluded that Jan Zaidlich, being in close relations with the nobility of the Russian voivodeship and the then voivode Mykolai Sinyavskyi, was appointed to this position due to his knowledge of the legal aspects of city and Zemstvo rights, but he failed to establish relations with representatives of the Jewish community, who depended on their court proceedings were handled by persons sympathetic to them. Keywords: Jewish community, Jewish jurisdiction, palatine, Jewish judge, burghers, city council, Jan Zaidlich
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Kattan, Victor. "The Nationality of Denationalized Palestinians." Nordic Journal of International Law 74, no. 1 (2005): 67–102. http://dx.doi.org/10.1163/1571810054301004.
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AbstractOne in three refugees in the world today is Palestinian. The majority of these refugees have no nationality because they were denationalised by Israel's Nationality Law in 1952 after they had fled or been expelled from their homeland in 1948. Israel has refused to allow the majority Palestinian refugees, being displaced in 1948, the right to return to their homes in contravention of U.N. General Assembly Resolution 194 (III). Israel has also refused to allow the majority of Palestinians displaced in 1967 the right to return to their homes despite appeals from the International Committee of the Red Cross and despite calls from the UN Security Council. Since then Israel has manipulated the laws of occupation by transferring its civilian population into the territory it occupies whilst subjecting the indigenous Palestinian population to military law. In 2003, Israel enacted racially discriminatory legislation in the form of the Nationality and Entrance into Israel Law which the U.N. Human Rights Committee has specifically requested Israel revoke. This legislation restricts nationality and residency rights for Arabs resident in the Occupied Palestinian Territories whilst specifically excluding Jewish settlers from its application. These are some examples of the lengths to which the State of Israel is prepared to go – in order to maintain a Jewish majority in the country – even if they violate international law. This paper will examine whether the forced displacement and denationalization of Palestine's original non-Jewish inhabitants – including an examination of Israel's Nationality and Entrance into Israel Law (2003) – are compatible with the basic principles of international law today.
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Özer, Utku, and Burcu Taşkın. "The Human Rights Action Plan and Turkey’s Non-Muslim Minorities." Journal on Ethnopolitics and Minority Issues in Europe 22, no. 1 (August 23, 2023): 63–93. http://dx.doi.org/10.53779/sbxx5423.
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On March 2021, Turkey’s President announced a new Human Rights Action Plan (HRAP), supported by the Council of Europe, to reform the judiciary system and strengthen democratic participation. Although the rights claims of Kurds and Alevis have been prominent, HRAP mentions neither by name. Instead, it includes articles about improving the rights of religious minorities by fighting discrimination and hate, to advance pluralism, revising the Foundations Law regarding the establishment and election of boards of directors of non-Muslim community associations, and providing leave for religious holidays regardless of faith. Given the current distrust between non-Muslim groups and the Turkish state, this study analyzed the political attitudes of Turkey’s non-Muslim minorities to understand how they develop creative solutions to protect their rights. To do so, we interviewed Armenian deputies in Turkey’s parliament and prominent figures from the Greek-Orthodox, Armenian, and Jewish communities, and also reviewed the minority deputies’ parliamentary work in depth between 2015 and 2021. We found that HRAP was widely discussed by both minority and opposition parliamentary deputies. However, they did not strongly welcome any of its provisions because the government had previously ignored or delayed their demands.
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Jaroszyński, Tomasz. "Glosa do Wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 17 grudnia 2020 r. w sprawie Centraal Israëlitisch Consistorie van België i in., C-336/19." Przegląd Sejmowy 4(171) (2022): 189–202. http://dx.doi.org/10.31268/ps.2022.131.
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A decree of the Flemish Region provided for the use of reversible stunning as regards ritual slaughter. The decree was challenged by several Jewish and Muslim associations, claiming that it breached the Council Regulation No 1099/2009. In this framework, the Belgian court made a reference to the CJEU for a preliminary ruling regarding the interpretation of this regulation. In the commented case the CJEU sought a balance between the protection of animal welfare, as set out in Article 13 TFEU and freedom of religion, as guaranteed by Article 10 of the Charter of Fundamental Rights of the EU. It ruled that Regulation No 1099/2009 does not preclude legislation of a Member State which requires, in the context of ritual slaughter, a reversible stunning procedure. The commentary discusses doubts about the motives of the CJEU’s ruling, in particular relating to unjustified prioritisation of animal welfare over freedom of religion, and concludes that the decree violates the right to freedom of religion protected by the Charter.
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Dedurin, G. G. "International legal determination of the national minorities’ status in the Central and Eastern European countries within the Versailles system." Bulletin of Kharkiv National University of Internal Affairs 97, no. 2 (June 30, 2022): 269–80. http://dx.doi.org/10.32631/v.2022.2.24.
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Peculiarities of the international legal status determination of the national minorities within the Versailles system have been studied using the example of a number of Central and Eastern European countries. The governments of Czechoslovakia, Poland, and Hungary were asked, based on the norms of international law, to develop appropriate provisions for the protection of the rights of national minorities in order to prevent new conflicts and threats to peace.
The system of treaties, declarations and agreements, which were supposed to ensure the observance of the rights of national minorities and whose guarantor was the League of Nations, has been analyzed. In practice, this was embodied in giving minorities the right to submit petitions to the Council or Assembly of the League of Nations, as well as in the activities of the Permanent Chamber of International Justice. The right to submit petitions was used at different times by representatives of the Ruthenian minority in Czechoslovakia, the Russian minority in Eastern Galicia, the Jewish minority in Hungary, the German minority in Poland, etc.
The weaknesses of this system have been identified, which prevented the creation of effective international mechanisms for the protection of the rights of national minorities in the specified regions of Europe. In particular, it has been emphasized that the majority of treaties, conventions, treatises, etc. were openly sabotaged by the countries that were supposed to fulfill them. The governments of the countries of Central and Eastern Europe considered the proposed system unequal, because its conditions did not apply to a number of other multinational states that had similar problems. Conflict situations surrounding the problem of national minorities continued to arise. They were caused by various factors: from divided loyalties and irredentist movements to manifestations of governmental and social discrimination.
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Anastasiia, Ivanova. "Law on National Personal Autonomy as part of the Сonstitution of Ukrainian People’s Republic: history of creation : on history of creation." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 144–52. http://dx.doi.org/10.33663/0869-2491-2020-31-144-152.
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Introduction. The article reconstructs the process of drafting the law of UPR "On National-Personal Autonomy" as part of the Constitution of UNR in 1918. The history of drafting the text of the bill, its discussion and adoption is considered. Particular attention is paid to the authorship of the law on national and personal autonomy prepared by a special commission of the Vice-Secretariat of Jewish Affairs, composed of M. Zilberfarb, I. Ya. Khurgin and M. Shats-Anin. The aim of the article is to reconstruct the history of the preparation of the law on national-personal autonomy. The author regards it as part of the Constitution of UNR. The author argues that the authorship of the law, and, this part of the Constitution of UNR, belongs to a separate commission consisting of representatives of the vice secretary for Jewish affairs chaired by Moses Zilberfarb. Methods and results. The process of drafting the law, as well as its subsequent discussion and adoption, are discussed in detail. The most painful issues were the scope of the powers of the National Union and their right to collect taxes with a corresponding narrowing of the tax capacity of the state. The draft law was first considered by the Jewish National Council, then on December 19, 1917, by the General Secretariat. The Ukrainian Central Rada began considering the law on December 30, 1917, continued on January 2, 1918, and finally adopted it on January 9, 1918. Despite the fact that some points of the law caused controversy between the factions, and some memoir sources mention the extremely negative perception of the members of the Central Election Commission represented at the session of the law at the level of the idea of national and personal autonomy, while voting on the law as a whole there was “no dissent” or “abstained”. Conclusions. Such an approach allows to deepen the traditional interpretation of the law on national-personal autonomy as a testimony to the liberality of national policy of the Central Rada. The experience of drafting a law on national personal autonomy and its subsequent discussion and adoption demonstrates a successful combination of a deep professional approach and political thinking, an active position in the defense of their own interests - by Jewish politicians, and state thinking, the ability to compromise, uphold national state priorities through the involvement of national minorities as "allies" – by pro-Ukrainian politicians. This combination is evidenced by the existence of a significant influence of the Jewish factor on the development of the legal system of the young Ukrainian republic. Along with the obvious dependence of Ukrainian Jewry on the decisions of the Ukrainian government, there is every reason to argue that there has been a noticeable reverse influence of Jewish politicians on Ukrainian law, and ultimately about the mutual influence of Ukrainian and Jewish factors in Ukrainian lawmaking 1917–1918.
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Raby, Chloe. "R [Jewish Rights Watch (t/a Jewish Human Rights Watch)] v Leicester City Council." Oxford Journal of Law and Religion 6, no. 2 (May 4, 2017): 416–17. http://dx.doi.org/10.1093/ojlr/rwx003.
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Stone, Suzanne Last. "A Jewish perspective on human rights." Society 41, no. 2 (January 2004): 17–22. http://dx.doi.org/10.1007/bf02712700.
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Yushchyshyna, Iryna. "Catholic-Jewish dialogue after the Second Vatican Council." Good Parson: scientific bulletin of Ivano-Frankivsk Academy of John Chrysostom. Theology. Philosophy. History, no. 18 (December 2023): 174–82. http://dx.doi.org/10.52761/2522-1558.2023.18.15.
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The purpose of the study: to analyze the Catholic-Jewish dialogue since 1965. to date, show the trends of this dialogue and directions (theological, social and political). The research methodology. The following methods were used: search, historical, comparative-historical, method of analysis and synthesis, method of generalization. Scientific novelty. The scientific novelty of this topic is that in this work for the first time the tendencies of the Catholic-Jewish dialogue, its directions and approximate dynamics are traced.
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Victor, MYKHAILOVSKYI. "INTERNATIONAL LEGAL MECHANISM FOR ENSURING HUMAN RIGHTS." Foreign trade: economics, finance, law 117, no. 4 (September 10, 2021): 26–35. http://dx.doi.org/10.31617/zt.knute.2021(117)03.
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Background. The problem of protecting human rights has existed throughoutthe existence of mankind. Modern globalization affects the effectiveness of international institutions in the field of human rights. After all, the rapid processes of development and adoption of international documents in the field of human rights require not only worldwide recognition, but also unquestioning implementation. In this regard, the study of the mechanism for exercising the powers of the UN Human Rights Council in the temporarily occupied territories of Crimea and Donbas is especially relevant. The aim of the article is to establish a mechanism for exercising the powers of the UN Human Rights Council to respect and ensure human rights in Ukraine, in particular in the temporarily occupied territories of Crimea and Donbas. Materials and methods. Both general and special legal methods of cognition were used during the research. The normative basis of the study were international treaties, international law and the work of domestic and foreign scientists. Results. International protection of human rights is one of the most important branches of public international law. The creation of the United Nations has opened a new page in the field of human rights institutions. In order to promote and ensure human rights in Ukraine, in particular in the temporarily occupied territories of the Autonomous Republic of Crimea and Donbas, the UN Human Rights Council implements a number of mechanisms: closely cooperateswith the UN High Commissioner for Human Rights. periodic inspections. The UN Human Rights Council serves as a forum for discussing thematic issues on all human rights. Thus, within the high-level segment of the UN Human Rights Council, on February 23, 2021, for the third year in a row, the UN General Assembly debated on the agenda item «Situation in the Temporarily Occupied Territories of Ukraine» initiated by our state. Within the framework of this event, support for the sovereignty and territorial integrity of Ukraine was expressed. Conclusion. Ukraine’s cooperation with the UN Human Rights Council is increasing pressure from the international community to respect the rights of indigenous peoples, national minorities, social human rights, democracy and the rule of law. During the Russian aggression on the territory of Ukraine, the UN Human Rights Council adopted a resolution «Cooperation with Ukraine and its assistance in the field of human rights», an agreement was concluded between the Government of Ukraine and the Office of the UN High Commissioner for Human Rights. Ukraine. Thus, despite the recommendatory nature of the powers of the UN Human Rights Council, this international institution significantly affects the level of human rights in the temporarily occupied territories of Ukraine, and contributes to the further development of human rights in Ukraine. Keywords: human rights, UN Commission on Human Rights, UN HumanRights Council, Office of the UN High Commissioner for Human Rights, UN Human Rights Monitoring Mission.
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AL-RAGGAD, Abdallah Kalaf, and Rima Fadlallah CHEHAYEB. "THE ROLE OF THE INTERNATIONAL HUMAN RIGHTS COUNCIL IN THE PROTECTION OF HUMAN RIGHTS." RIMAK International Journal of Humanities and Social Sciences 04, no. 02 (March 1, 2022): 200–227. http://dx.doi.org/10.47832/2717-8293.16.15.
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It goes without saying the extent of international interest in the issue of human rights, especially after the establishment of the United Nations Organization. This interest was translated in the Charter of the United Nations of 1945, which established major organs of duties to promote and protect human rights and fundamental freedoms and to emphasize equality without discrimination, as the Charter authorized To establish sub-committees with a view to translating the goals and purposes of the United Nations. Where the International Council for Human Rights was established in 2006 to succeed the Commission on Human Rights, which is affiliated with the General Assembly of the United Nations, where this Council has undertaken multiple mechanisms for the promotion and protection of human rights, and made achievements and contributions with the aim of advancing them.This study came according to three sections. The first section dealt with the development of the establishment of the Council through exposure to the stage prior to its establishment, which is the era of the Human Rights Committee, and then the era of its establishment in which we dealt with introducing the Council in terms of composition, membership and duties, and then assessing this formation, and the second topic was allocated To clarify the Council's mechanisms represented by special procedures and complaints procedure, the universal periodic review, and the advisory committee, and the evaluation of these mechanisms. As for the third topic, it dealt with the most important contributions of the Council. The study concluded with a number of findings of the study, which focused on the advantages and disadvantages of the Council, and some recommendations, the most important of which is the emphasis on the need for democratic representation in the Council and its independence, and the implementation of its decisions and recommendations through the Security Council, with its authority to take measures in suppressing gross and systematic violations of human rights
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Franklin-Lyons, Adam. "Performative openness and governmental secrecy in fourteenth century Valencia." Continuity and Change 38, no. 1 (April 28, 2023): 31–52. http://dx.doi.org/10.1017/s0268416023000085.
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AbstractIn the fourteenth century, the urban council of Valencia tried to balance maintaining the secrecy of their government with a perceived need to publicise their actions. The council knew from experience that information vacuums could be dangerous. Feuds between noble groups made the urban council wary of the secret actions of council members. Food shortages and the anti-Jewish riots in 1391 also pressured the council to project a public face of action to quell urban unrest. In response, the city enacted a performative publicity: a public show of information dissemination concerning the normal operations of government that still occluded the actual discussions of the council.
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Rundichuk, A. "BETWEEN THE KING AND THE CITY: THE JEWISH COMMUNITY OF AUGSBURG AND THE GOVERNMENT IN THE 14TH-15TH CENTURIES." Bulletin of Taras Shevchenko National University of Kyiv. History, no. 152-153 (2022): 68–73. http://dx.doi.org/10.17721/1728-2640.2022.152-153.9.
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In the late Middle Ages on the territory of the cathedral city of Augsburg were two Jewish settlements, which were formed in the XII-XIII cent. In High Middle Ages, the administration of the Jewish community was made through the mediation of city, bishop and king. However, in the XIV-XV cent. the main interaction regarding the settlement of the life of the Jewish community took place between the king and the city. At the same time, were formed the main legal acts, which regulated the relations between the local population and the Jewish community, its social status. Augsburg Jews were under the jurisdiction of the king and paid taxes to the state treasury in exchange for security guarantees. Legal regulation of the Jewish population of Augsburg, the resolution of disputes between Christians and Jews was carried out with the participation of the city or a person appointed by the king. The city council tried to take precedence in the tax collection procedure, which was perceived by the king as an encroachment on his authority. Such conflicts were resolved by imposing fines on the city or through the courts. In addition, members of the Jewish community were lenders to both the ruler and the burghers and the city council, which often led to misconduct against Jews by the authorities, including arrests and extortion of debtors, and de facto write-offs of the debts. The change in the Jewish community of Augsburg, as in other German medieval cities, depended on the waves of the plague, which often led to pogroms, organized on baseless accusations of causing the disease, followed by the expulsion of the Jewish population from the city. At the same time, most debtors were given the opportunity not to pay debts to their lenders. Besides, the property of the Jewish community passed into the hands of the emperor and princes. From the XV cent., Augsburg, following the example of other German cities, introduced special markings for the Jewish population.
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Sherlock, Ann. "Council of Europe - Property Rights arid the European Convention on Human Rights." Business Law Review 8, Issue 5 (May 1, 1987): 113–15. http://dx.doi.org/10.54648/bula1987043.
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Nowak, Manfred. "Proposals for Improving the UN Human Rights Programme." Netherlands Quarterly of Human Rights 11, no. 2 (June 1993): 153–62. http://dx.doi.org/10.1177/016934419301100202.
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The second World Conference on Human Rights to be held in Vienna from 14 to 25 June 1993 has the chance of making use of the increased commitment to human rights, of many governments in both the North and the South for the goal of strengthening the UN human rights mechanisms by means of far-reaching reforms. In this article proposals are presented for improving the UN human rights program. The main features of the proposals are the transformation of the Trusteeship Council into a Human Rights Council with an overall mandate for the promotion, protection, prevention and enforcement of human rights; the establishment of a new Human Rights Commission, composed of independent experts, as the main UN body responsible for identifying future human rights violations and making recommendations to the Council for efficient preventive action. Situations of gross and systematic violations of human rights, identified as such by the Human Rights Council should in all cases be regarded as matters falling within the competence of the Security Council and requiring enforcement actions by that body. Other proposals concern a consolidated reporting procedure before an enlarged Human Rights Committee and the examination of individual and inter-State complaints by a UN Court of Human Rights. Furthermore, the creation of an International Criminal Court with a general jurisdiction for all crimes under international law and the establishment of a Special Commissioner for Human Rights is suggested. This Commissioner, in addition to carrying out human rights documentation, research, training and a development cooperation programme, should be entrusted with an independent mandate to initiate procedures for the prevention, protection and enforcement of human rights.
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Faisol, Mohamad. "Vonis Mahkamah Konstitusi Mengeksaminasi Keterwakilan Perempuan." Jurnal Konstitusi 8, no. 2 (May 20, 2016): 45. http://dx.doi.org/10.31078/jk823.
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The verdict imposed by the Constitutional Court in the form of revocation of some parts of General Election Rules which arrange the determination of the representative who has the rights to occupy the council seats is not a verdict which discriminates and hinders women rights to fight for occupying the council seats, but it gives them more available and egalitarian chances to female politicians. The Constitutional Court verdict also examines the political party to elect and decide the council representatives truly based on the aspect of rasionality, professionality, and any other special aspects supporting them.
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Dir, Igor. "Normative system of protection of civil human rights in Ukraine within the framework of the Council of Europe under domestic law." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 322–25. http://dx.doi.org/10.36695/2219-5521.1.2021.63.
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The article summarizes the system of human rights protection in Ukraine within the framework of the Council of Europe underdomestic law. The main purpose of the article is a comprehensive scientific analysis of the legal regulation of the protection of civilhuman rights in Ukraine within the Council of Europe. In addition, it was analyzed that a clear interpretation of the term “regulatorysystem of civil rights in Ukraine within the Council of Europe under domestic law” does not exist, however, it was offered an author’svision of the term in accordance with the study, explored the main elements, defined international law acts adopted by Ukraine in theframework of its obligations to the Council of Europe and defining the laws in which they have been implemented and the date of entryinto force for Ukraine. In addition, the international legal acts adopted by Ukraine were analyzed before and after accession to the Councilof Europe. It is determined that during all this time Ukraine has ratified 118 international treaties of the Council of Europe. The preconditionsfor Ukraine’s accession to the Council of Europe and its evolution were also studied. The main reforms in which Ukraine isassisted by the Council of Europe were also identified. In addition, the main areas of cooperation between Ukraine and the Council ofEurope were identified. As well as, the main purpose of the Council of Europe, the Statute of the Council of Europe, the competencesand the main achievements of the organization were also analyzed, and the member states were identified. In particular, the mainachievements of the Council of Europe were highlighted and it is determined that today it is a leading organization on human rightscontent. The main scientists who study the problems in Ukraine and the world are analyzed.
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Deshko, L., and О. Vasylchenko. "Limitation of human and citizen rights and freedoms and the role of the Supreme Council of Justice in ensuring independent justice and everyone’s right to protection of rights and freedoms by an independent court." Uzhhorod National University Herald. Series: Law 2, no. 79 (October 25, 2023): 438–42. http://dx.doi.org/10.24144/2307-3322.2023.79.2.69.
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The article emphasizes the change of the paradigm of the constitutional-legal mechanism of limiting the rights and freedoms of a person and citizen, as well as increasing the role of the Supreme Council of Justice in ensuring independent justice. It is emphasized that it is necessary to distinguish between the concepts of “restriction of rights and freedoms” and “fixation of the boundaries of the very essence of rights and freedoms”. Attention is drawn to negative human rights and the fact that they involve negative obligations of the state and its agents to refrain from any actions aimed at their violation or illegal restriction. It is characterized by the restriction of those rights and freedoms of a person and a citizen, which are most often restricted in the member states of the Council of Europe: the right to freedom and personal integrity, the right to private life, freedom of thought and conscience. The implementation of the prescription of Part 2 of Art. 35 of the Constitution of Ukraine, which defines the framework of restrictions on the human right to freedom of outlook and religion, through the Criminal Code of Ukraine.
Attention is drawn to the fact that the state’s establishment of a number of legal norms that nullify a number of human and citizen rights and freedoms is a violation of human rights and fundamental freedoms guaranteed by the Convention on the Protection of Human Rights and Fundamental Freedoms. It is noted that an effective judicial procedure significantly increases the level of their protection (rights and freedoms), as it contains a number of guarantees against their arbitrary restriction, contributes to the rendering of a legal and well-founded decision.
The article also draws attention to the legal status of the High Council of Justice. The issue of independent justice, the right of everyone to protection of rights and freedoms by an independent court is raised. The role of the High Council of Justice in ensuring independent justice and everyone’s right to effective judicial protection is defined.
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Lyerly, Eric. "Protect Jewish students from anti‐Semitism, discrimination." Campus Security Report 20, no. 8 (November 23, 2023): 6–9. http://dx.doi.org/10.1002/casr.31185.
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Earlier this year, the Office for Civil Rights published a fact sheet focused on how colleges and universities can protect students from discrimination related to “shared ancestry or ethnic considerations” (bit.ly/3iPfyZP). Campus Legal Advisor covered this fact sheet in depth in our March 2023 issue (bit.ly/48gwhdu).
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Simkovich, Malka Z. "Mystery and the Problem of Election in Judaism and Christianity." CrossCurrents 73, no. 3 (September 2023): 275–92. http://dx.doi.org/10.1353/cro.2023.a915435.
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Abstract: In the early Common Era, followers of Jesus approached their contradictory truth claims by arguing that God's nature is enveloped in mysterion , and is ultimately unknowable. Rabbinic writers, however, treated their own truth claims through the lens of sod , a word that denoted a secret body of knowledge that was hidden from most but accessible to some. In the wake of the Enlightenment, and particularly after the Second Vatican Council produced Nostra Aetate in 1965, Jewish theologians have begun to engage with Catholic theology, and in particular with the idea of how mystery can be activated as a meaningfully Jewish category that addresses contradictions related to the claim of Jewish election.
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Humbat Hasanli, Shabnam. "Avropa İnsan Hüquqları Məhkəməsinin Beynəlxalq Hüquqi Statusu." SCIENTIFIC WORK 76, no. 3 (March 18, 2022): 133–37. http://dx.doi.org/10.36719/2663-4619/76/133-137.
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The European Court of Human Rights (ECHR) is an international tribunal established in 1959 under the auspices of the Council of Europe, an international organization. The Court is a judicial body to which individuals, communities, legal entities and other States may apply under certain procedures and rules in the event of a violation of the fundamental rights provided for in the European Convention on Human Rights and its Additional Protocols. The 47 members of the Council of Europe recognize the jurisdiction of the European Court of Human Rights. Although the use of the Council of Europe's flag by the European Union today is confusing, the European Court of Human Rights is a body of the Council of Europe, an almost separate international organization, and not of the European Union. However, the European Convention on Human Rights and the case law of the European Court of Human Rights are indispensable minimum standards for the European Union. All this is the topic of the article “International legal status of the European Court of Human Rights” is very relevant today. Key words: Europe, human rights, judiciary, international law system, ECHR Şəbnəm Hümbət qızı Həsənli Avropa İnsan Hüquqları Məhkəməsinin Beynəlxalq Hüquqi Statusu Xülasə Avropa İnsan Hüquqları Məhkəməsi (AİHM) 1959-cu ildə beynəlxalq təşkilat olan Avropa Şurasının nəzdində yaradılmış beynəlxalq məhkəmədir. Məhkəmə Avropa İnsan Hüquqları Konvensiyası və onun əlavə protokolları ilə təmin edilən əsas hüquqların pozulması halında fiziki şəxslərin, icmaların, hüquqi şəxslərin və digər dövlətlərin müəyyən prosedur və qaydalar çərçivəsində müraciət edə biləcəyi məhkəmə orqanıdır. Avropa Şurasının 47 üzvü Avropa İnsan Hüquqları Məhkəməsinin yurisdiksiyasını tanıyır. Bu gün Avropa İttifaqının Avropa Şurasına məxsus bayraqdan istifadə etməsi müxtəlif çaşqınlıqlara səbəb olsa da, Avropa İnsan Hüquqları Məhkəməsi Avropa İttifaqının deyil, demək olar ki, ayrıca beynəlxalq təşkilat olan Avropa Şurasının orqanıdır. Bununla belə, İnsan Hüquqları üzrə Avropa Konvensiyası və Avropa İnsan Hüquqları Məhkəməsinin məhkəmə təcrübəsi Avropa İttifaqı üçün əvəzolunmaz minimum standartları təşkil edir. Bütün bunlar “Avropa İnsan Hüquqları Məhkəməsinin beynəlxalq hüquqi statusu” adlı məqalə mövzusu müasir dövr üçün olduqca aktualdır. Açar sözlər: Avropa, insan hüquqları, məhkəmə, beynəlxalq hüquq sistemi, AİHM
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Jordaan, Eduard. "South Africa and Civil and Political Rights." Global Governance 25, no. 1 (March 1, 2019): 171–97. http://dx.doi.org/10.1163/19426720-02501009.
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Abstract For constructivists, a state’s identity implies its preferences, interests, and resultant actions in international affairs, which is why constructivists expect democracies to support human rights internationally. This study examines South Africa’s record on civil and political rights at the UN Human Rights Council. While there is an element of anti-imperialism in South Africa’s identity that might help explain some of its actions, human rights remain important in South Africa’s self-understanding. Despite the presence of human rights in South Africa’s identity, at the Human Rights Council, South Africa’s actions have ranged from failing to uphold civil and political rights to supporting their restriction. A bifurcated national identity therefore diminishes the predictive power of a constructivist national identity approach.
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Sanders, Douglas. "Flying the Rainbow Flag at the United Nations." Journal of Southeast Asian Human Rights 5, no. 2 (December 31, 2021): 100. http://dx.doi.org/10.19184/jseahr.v5i2.23821.
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Issues of sexual orientation and gender identity were raised in two of the United Nations intergovernmental world conferences on women, 1985 and 1995, and in the Vienna world conference on human rights in 1993. From 2006 a number of LGBTI Non-Governmental Organizations gained ongoing ‘consultative status’ from the Economic and Social Council allowing access to regular UN human rights events. Leading human rights NGOs, such as Amnesty International and Human Rights Watch began to address LGBTI issues. The Human Rights Council condemned violence and discrimination on grounds of sexual orientation and gender identity in 2011 and later authorized an independent expert, whose mandate was renewed for a second term. The UNDP “Being LGBT in Asia” program has been active in eight Asian states, including five in ASEAN: Cambodia, Indonesia, Philippines, Thailand, and Vietnam. Strong support came from Ban Ki-moon as UN Secretary-General, as well as from the Office of the UN High Commissioner for Human Rights and other agencies.
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Walling, Carrie Booth. "The United Nations Security Council and Human Rights." Global Governance: A Review of Multilateralism and International Organizations 26, no. 2 (June 11, 2020): 291–306. http://dx.doi.org/10.1163/19426720-02602011.
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Voss, M. Joel. "Contesting “Family” at the United Nations Human Rights Council." Religion & Human Rights 14, no. 2 (August 13, 2019): 95–133. http://dx.doi.org/10.1163/18710328-13021147.
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Abstract There is general agreement that families are considered an important building block of society. However, in international fora, there is significant disagreement about what constitutes family. This article discusses the development of the Protection of the Family initiative at the UN’s primary human rights body, the UN Human Rights Council. This article uses Protection of the Family resolutions at the Council to build upon theories of norm contestation in international relations and international law. Elite-level interviews and participant observation of Council meetings on the four Protection of the Family resolutions adopted at the Council show that both advocates and opponents of Protection of the Family argue that their positions adhere to universal rights and prior law while their opponents are revisionist. In addition, the article illustrates a series of new strategies adopted by advocates of Protection of the Family that may be used in other resolutions to advance human rights agendas.
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Barvinenko, Vitalii, Vadym Hedulianov, and Natalia Mishyna. "UKRAINIAN LOCAL GOVERNMENT, HUMAN RIGHTS PROTECTION AND COUNCIL OF EUROPE STANDARDS: THE PRINCIPLE OF SUBSIDIARITY." Baltic Journal of Economic Studies 9, no. 5 (December 28, 2023): 42–47. http://dx.doi.org/10.30525/2256-0742/2023-9-5-42-47.
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This article holds considerable significance as it thoroughly analyses the combination of local governance, human rights protection and the implementation of the principle of subsidiarity in Ukraine. It offers valuable insights into the complex dynamics between these components within the Council of Europe standards. The study of the principle of subsidiarity in the context of human rights at the local level makes a significant contribution to the broader discourse on good governance and legal frameworks. The primary objective of the article is to provide a thorough and nuanced understanding of the complex interplay between municipal human rights, the principle of subsidiarity, and the involvement of local and international entities in the protection of human rights in Ukraine. The study aims to achieve several goals: to delve into the principle of subsidiarity, to critically evaluate inaccuracies in the legal literature, and to highlight the role of the Council of Europe in promoting the principle of subsidiarity in the Ukrainian context. The research methodology is a mixture of legal analysis and conceptual exploration. In terms of the literature review, the article draws on the insights of various legal scholars and experts, including but not limited to B. Kofman, A. Krusyan, S. Kvitka, among others. Existing legal literature and academic works are reviewed in order to gain perspectives from different viewpoints, theories and analyses relevant to the research topic. Conclusion. This paper affirms that the Council of Europe and its member states follow the principle of subsidiarity in the protection of human rights at the local level. This involves a deliberate focus on the delineation of competences within local self-government and the provision of complementary (subsidiary) protection through the mechanisms of the European Court of Human Rights. The following sections explore various facets of the article in detail, offering a comprehensive analysis of the localisation of human rights protection, the complexities of subsidiarity in Ukrainian legal literature, and the crucial role played by the Council of Europe in promoting subsidiarity through various mechanisms.
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Tessier, Laurent. "La défense de l’idéal sioniste au Canada, point de rencontre entre Juifs et chrétiens 1939–1947." Canadian Jewish Studies / Études juives canadiennes 34 (December 20, 2022): 89–111. http://dx.doi.org/10.25071/1916-0925.40293.
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In the early 1940s, the Canadian Jewish Zionist organizations, whose activities were essentially focused on the Jewish community and fundraising for Jewish settlement in Palestine, decided to reorient their strategy and establish a real public relations policy. The priority was to find support among the Canadian population so that parliamentarians and the Canadian government would put pressure on London to end the migration restrictions on persecuted European Jews to Palestine. Canadian Jewish Zionists found singular support among a few English-speaking Christian compatriots whose familiarity with the biblical stories nurtured a certain sympathy for their cause. Two organizations made up of “non-Jewish Zionists” were created to channel their support: the Canadian Palestine Committee and the Christian Council for Palestine. The study of their archives highlights the moral and political arguments put forward by those designated as “Christian Zionists”. The antagonistic portraits of the Jew and the Arab that are revealed in their speeches betray both their imperialist projections and the paradoxical absence of a true dialogue between Jews and Christians in Canada.
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Stephens Falcasantos, Rebecca. "Crucifictions and pizza parlors: fragments of a polemic from Socrates of Constantinople’s Ecclesiastical History." Acta Classica 65, no. 1 (2022): 285–304. http://dx.doi.org/10.1353/acl.2022.a914033.
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ABSTRACT: The fifth-century ce Ecclesiastical History of Socrates of Constantinople has long been one of the foundational texts for reconstructing ecclesiastical affairs following the Council of Nicaea. Interwoven throughout its accounts of intra-Christian conflict are polemical episodes recounting Jewish violence. One vignette in particular, that of the crucifixion of a Christian boy, has been frequently cited in modern historiography on blood libel narratives. This article examines the role of this episode within Socrates’ polemic and its modern reception, focusing specifically on how anti-Jewish propaganda extracts the episode from its source and leverages it to support blood libel accusations.
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Gayazova, Olya. "China’s Rights in the Marine Arctic." International Journal of Marine and Coastal Law 28, no. 1 (2013): 61–95. http://dx.doi.org/10.1163/15718085-12341264.
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Abstract The new Arctic Council observer guidelines specify that in determining the suitability of applicants for observer status, their recognition of Arctic states’ sovereignty, sovereign rights and jurisdiction in the Arctic will be noted. The People’s Republic of China (PRC) is one of the applicants for Arctic Council observer status and maintains that it respects the rights of Arctic states and has its own rights in the region. In this article, two questions are examined: first, whether the PRC’s policy steps in the Arctic have been within the scope of the rights of non-Arctic states in the region under the Law of the Sea, and second, the degree to which China’s rights in the marine Arctic may be limited by its legislative policies in its coastal waters.
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Abashidze, A., V. Yeremyan, and N. Ostroukhov. "The role of parliamentarians in international intergovernmental organizations." Обозреватель–Observer, no. 4 (December 13, 2023): 102–17. http://dx.doi.org/10.48137/2074-2975_2023_4_102.
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The article examines the question of the degree of its impartiality in the structure of an international intergovernmental organization using the example of the Parliamentary Assembly of the Council of Europe. This is relevant not only in the context of the activities of the Council of Europe, compliance by the States parties to the Convention on the Protection of Rights and Fundamental Freedoms of 1950 and the exercise of monitoring powers by the European Court of Human Rights, but also in the activities of other international intergovernmental associations and integrations.
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Emelonye, Uchenna. "Implementation of International Human Rights Obligations in Nigeria: Civil Society Perspective." Advances in Social Sciences Research Journal 8, no. 6 (July 2, 2021): 330–44. http://dx.doi.org/10.14738/assrj.86.10383.
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Civil society organizations are key actors in the promotion and protection of human rights in Nigeria and have participated in all the Universal Periodic Review (UPR) circles of the Government of Nigeria. The UPR is a first of its kind innovation adopted in 2006 by the Human Rights Council to complement the works of treaty bodies and involves the review on a periodic basis, the human rights records of all Member States of the United Nations. As a peer review process comprising three distinct stages and involving three major sources of information, this article exclusively ex-rays the UPR civil society report on the implementation of Nigeria’s international human rights obligations. As one of the three sources of information relied upon by the Human Rights Council in the Universal Periodic Review of the human rights record of the Government of Nigeria, this article, while focusing on the civil society information submitted to the Human Rights Council pursuant to the United Nations General Assembly Resolution 60/251 concludes that despite advances in the promotion and protection of human rights claimed in its national report to be made in the implementation of international human rights obligations, there are still, from civil society lens, plethora of issues and gaps in the implementation of Nigeria’s international human rights obligations.
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Mecaj, Stela. "Council of Europe Mission. Conflict Impact with Russia." European Scientific Journal, ESJ 18, no. 10 (March 31, 2022): 65. http://dx.doi.org/10.19044/esj.2022.v18n10p65.
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Over the years, international organizations have played critical roles in the interactions and relationships that develop within the international system between and among states. The Russian Federation joined the Council of Europe in 1996 to strengthen its democratic policies. The nature of Russia’s membership in the Council of Europe is somewhat paradoxical, given how far it strayed from the organization’s objectives and principles. This also includes the organization's credibility and ability to promote democratic values throughout the Russian Federation by applying the European Convention on Human Rights. In light of the latest developments in the conflict with Russia, the issue of the protection of human rights and fundamental freedoms, on which the Council of Europe is mainly focused, seems to be a key point in the European debate and beyond. This paper summarized all points where the Council of Europe deviated from its principles and objectives. The Council of Europe, among others, has to strengthen its authority and become more resilient to afford future crises. The main question of this paper is directly related to the research strategy which is the first element. The general question of this paper is as follows: Can the mission and purpose of the Council of Europe be considered fulfilled in any case of the existence of this organization?
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Lakatos, István. "The Human Rights Diplomacy of Regional and Political Groups within the UN Human Rights Council." Hungarian Yearbook of International Law and European Law 10, no. 1 (October 2022): 260–91. http://dx.doi.org/10.5553/hyiel/266627012022010001016.
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da Cunha, Luís Emanuel Barbosa, and Manoel Severino Moraes de Almeida. "A JUSTIÇA DE TRANSIÇÃO NAS NAÇÕES UNIDAS: UMA ANÁLISE A PARTIR DO CONSELHO DE SEGURANÇA E DO CONSELHO DE DIREITOS HUMANOS." Ponto de Vista Jurídico 11, no. 2 (December 28, 2022): 97–119. http://dx.doi.org/10.33362/juridico.v11i2.2949.
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Trata-se de artigo científico com o objetivo de descrever e analisar o conceito de Justiça de Transição a partir do Conselho de Segurança e do Conselho de Direitos Humanos e como esses modelos são expostos a partir das particularidades funcionais de cada desses órgãos. A Relatoria Especial do Conselho de Direitos Humanos tem a forte preocupação de acomodar o debate a partir dos Direitos Humanos como referência primordial, enquanto o Conselho de Segurança a partir do paradigma da segurança e política internacional. Tudo isso tem uma repercussão na atuação da ONU, demonstrando avanços e cautelas da Organização em relação às ações de Justiça de Transição de seus Estados-membros. PALAVRAS CHAVE: autoritarismo; democracia; transição. ABSTRACT It is a paper with the aim of describing and analyzing the concept of Transitional Justice from the Security Council and the Human Rights Council and how these models have been presented from the functional particularities of each body. The Special Rapporteurship of the Human Rights Council has the strong concern to accommodate the debate from the Human Rights as a primary reference, while the Security Council from the paradigm of international security and politics. All of this has a repercussion in the work of the UN, demonstrating advances and cautions of the Organization in relation to the Transitional Justice actions of its Member States. Keywords: authoritarianism; democracy; transition.
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Mruk, Marzena. "System kafala w państwach Zatoki Perskiej – ochrona pracowników czy niewolnictwo w XXI wieku? Zarys problematyki." Studia Orientalne 22, no. 2 (2022): 48–61. http://dx.doi.org/10.15804/so2022203.
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The human rights protection system in the Middle East, especially in the Persian Gulf states, is often discussed in the literature in the context of women’s rights or the use of torture and the death penalty. An important topic related to human rights in the modern world is the kafala system, which has been operating in the Gulf Cooperation Council (GCC) countries, i.e., Saudi Arabia, Bahrain, Qatar, Kuwait, Oman, the United Arab Emirates, Lebanon, and Jordan for years. The states have perceived it as a system of foreign worker protection. According to the latest data, it is estimated that 25 million migrants live and work in the GCC countries, 70% of the Gulf Cooperation Council workforce consists of migrant workers, and 49% of the total GCC population are migrants. The kafala system determines the dependence between a foreign employee and an Arab employer, which is often associated with the emergence of various types of violations of employee rights and threats to their lives and health.
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Morawska, Elżbieta Hanna. "EUROPEJSKA KONWENCJA O PRZYSPOSOBIENIU DZIECI JAKO INSTRUMENT WSPÓLNYCH ZASAD PAŃSTW CZŁONKOWSKICH RADY EUROPY W SPRAWACH O PRZYSPOSOBIENIE DZIECI." Zeszyty Prawnicze 16, no. 3 (December 10, 2016): 167. http://dx.doi.org/10.21697/zp.2016.16.3.07.
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The European Convention on the Adoption of Children as an Instrument of the Common Principles of the Member States of the Council of Europe on the Adoption of Children Summary Acting on the grounds of its statutory aims, the Council of Europe has taken a number of measures for the protection and promotion of children’s rights. The nature of these activities has differed considerably in the course of over 60 years since the Council’s establishment, nonetheless all of them have invoked children’s welfare as the basis of their undertaking. This is the spirit in which already in the early 1950s the Council embarked on an effort to draw up a European convention on the adoption of children. The Convention was the first treaty regulating the procedure for adoption in a comprehensive manner, and as such paved the way for subsequent European documents relating to the rights and protection of children, also in the adoption process. The collection of these documents includes detailed conventions specifically on the protection of children, alongside documents which do not directly address children’s rights and protection, but apply to the protection of human rights in general under the Council of Europe system. The principal document is the European Convention on Human Rights, along with its additional protocols, in particular Protocol 7. The approach to adoption based on the European Convention on Human Rights led the Council of Europe to embark on a new project to define the principles and practices for adoption. The outcome of this work is the Revised European Convention on the Adoption of Children (RECAC, 2007), the document containing the definitions of currently applicable principles and practices.
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Pieries, John, Manotar Tampubolon, and Herri Bona Saut Simatupang. "Pemenuhan Hak Konstitusional Warga Negara Indonesia Beragama Yahudi Sebagai Penduduk yang Agamanya Belum Diakui Sebagai Agama Berdasarkan Ketentuan Peraturan Perundang – Undangan." Syntax Idea 6, no. 2 (February 16, 2024): 708–23. http://dx.doi.org/10.46799/syntax-idea.v6i2.2976.
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This research explores the status and challenges faced by the Jewish community in Indonesia, particularly regarding the non-recognition of their religion by the government. The study aims to understand the impact of religious non-recognition on the constitutional rights guaranteed by the 1945 Constitution of the Republic of Indonesia for Jewish believers. Using a normative legal approach and literature study method, this research analyzes various laws, regulations, and other relevant legal documents, as well as traces the history of legal institutions to understand its context. The findings reveal that although the Jewish community has been present in Indonesia since the era of Srivijaya, Judaism is not officially recognized by the government. As a result, Jewish believers face challenges in practicing their faith, including difficulties in establishing places of worship and obtaining legal protection. Nevertheless, they remain active in practicing their faith, making efforts such as establishing synagogues and communicating with Jewish communities abroad.
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Jaskiernia, Jerzy. "Actual challenges for the implementation of judgments of the European Court of Human Rights." Review of European and Comparative Law 48, no. 1 (March 10, 2022): 103–31. http://dx.doi.org/10.31743/recl.12447.
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The author analyzes the problem of the implementation of judgments of the European Court of Human Rights (ECtHR). In light of the European Convention on Human Rights (ECHR), a special role in its control mechanism is played by the Committee of Ministers of the Council of Europe. Despite the measures taken, there have been delays in the execution of judgments or the lack of their implementation for years. The author analyzed this problem in light of the latest reports of the Committee of Ministers and the recommendations of the Parliamentary Assembly. He pointed to the need for greater activity in this process of other bodies of the Council of Europe, including: the Commissioner for Human Rights, the Venice Commission, the CPT, the ECRI as well as institutions of the civil society. In the last decade, the interest of the Parliamentary Assembly of the Council of Europe in this matter has clearly increased. The author postulates that parliamentarians sitting in this body should be more active in this regard in their countries. They have instruments of control on the executive power, which could be used to increase the effectiveness of the execution of the ECtHR’s judgements.
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Sinn, Andrea A. "Despite the Holocaust: Rebuilding Jewish Life in Germany after 1945*." Leo Baeck Institute Year Book 64, no. 1 (2019): 143–58. http://dx.doi.org/10.1093/leobaeck/ybz001.
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Abstract In 1945, the return of Jewish life to Germany was by no means a foregone conclusion. Aiming to understand the developments that laid the groundwork for a long-term continuation of Jewish life in post-Holocaust Germany, this paper discusses the difficult process of rebuilding Jewish institutions in ‘the land of the perpetrators’ during the first two decades after the Second World War. Particularly significant are the essential contributions of two high-profile representatives of this minority to the process of renewing Jewish life in Germany following the Holocaust. By creating a sense of unity among the different Jewish groups and securing financial and practical support essential to the revival of Jewish life in the Federal Republic, the first General Secretary of the Zentralrat der Juden in Deutschland (Central Council of Jews in Germany), Dr Hendrik G. van Dam, and the journalist and chief editor of the German-Jewish newspaper known today as Jüdische Allgemeine, Karl Marx, played a key role in establishing Jewish institutions. These helped to convey a sense of permanency—a central factor for ensuring a continuation of Jewish life in the years and decades to come.
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Demerieux, Margaret. "Thomas and Hilaire v. Baptiste and the Attorney-General of Trinidad and Tobago." International and Comparative Law Quarterly 49, no. 2 (April 2000): 463–66. http://dx.doi.org/10.1017/s002058930006423x.
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The extent to which it is appropriate to interpret constitutional provisions and in particular fundamental rights in accordance with the law and understanding current at the time of their promulgation, is a fundamental issue in any legal regime into which a Bill of Rights is introduced. This is well illustrated in a recent decision by the Judicial Committee of the Privy Council.
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Jaskiernia, Jerzy. "The Council of Europe’s Attitude Towards New Challenges for Democracy, the Rule of Law and the Protection of Human Rights." Przegląd Prawa Konstytucyjnego 73, no. 3 (2023): 223–35. http://dx.doi.org/10.15804/ppk.2023.03.16.
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The Council of Europe plays a special role in promoting democracy, the rule of law and the protection of human rights. The events of recent years, and especially Russia’s aggression against Ukraine, have significantly changed the conditions for the implementation of the Council of Europe’s mission. The author analyzed, based on the resolution of the Parliamentary Assembly of the Council of Europe 2473 (2022) “Strengthening the role of the Council of Europe as a cornestone of the European political architecture”, the activities of the Council of Europe aimed at seeking its role in the emerging new political architecture of Europe. Russia’s aggression against Ukraine may create conditions for a new look at the opportunities offered by the Council of Europe for European development and create a climate for intensifying forms of cooperation between European international organizations in the event of new threats to European development.
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Alshareef, Shaker Ahmed. "General Introduction of the Shura Council in Saudi Arabia and Parliamentary Diplomacy." International Journal of Law and Public Administration 4, no. 1 (April 8, 2021): 41. http://dx.doi.org/10.11114/ijlpa.v4i1.5208.
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Aim: The thesis aims to evaluate the role of the Shura Council in Saudi Arabia's transition and identify if Shura Council can be a catalyst for change in the nation's foreign policy. Saudi's economy is over-relying on oil production, which increases the Kingdom's vulnerability due to uncertainties in the oil markets and other risks. Saudi's vision 2030 aims to decrease Saudi Arabia's dependence on oil and expand the Kingdom's economic resources. The vision 2030 is anchored on three pillars: solidifying the Kingdom's locus in the heart of the Arab and Islamic nations; the quest to become an international investment powerhouse; the Kingdom's strategic site with the capacity to be a hub that connects three continents Africa, Asia, and Europe.Method: The thesis adopts literature review as the main method to establish the composition and effectiveness of the Shura council its design functions.Findings: As currently constituted, the Shura council cannot freely champion effective foreign policies and regulations that support the Kingdom's goals. Shura council is fully under the kings' absolute power, denying them the opportunity to meet their democratic mandate.Concision: The Shura studies and interpret the laws, development plans, and the annual reports of Ministries and Government Sectors. Hence, the council also proposes and amend laws. As long as the Shura Council Members are still King's appointees, the political, social, and economic reforms that Saudi Arabians are eagerly waiting for will take decades to come by. Human rights violations are still evident.Recommendations: The study recommends constitutional monarchy adoption, need for human rights, and fundamental freedom laws to be upheld and allow public participation in legislative process. Strengthening the parliament's oversight roles require the Kingdom to grand Shura Council's independence granting power to partake a vote of no confidence, hearing, interpellation and make committees of inquiry where need be to help Saudi to attain vision 2030 goals.
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Kravets, Victoria. "Regulatory and legal support of public administration in the field of medical service of the population." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 145–48. http://dx.doi.org/10.36695/2219-5521.1.2021.26.
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The article formulates classification groups of normative legal acts that will regulate the activity of the sphere of medical care ofthe population. Today in Ukraine there are a number of laws and other regulations that provide medical care. In order to improve theentire regulatory system in the study area, it is necessary to systematize all regulations, depending on the subject orientation, into classificationgroups of regulatory and legal support of medical care, depending on the subject of legal support of medical care, namely: actsthat aimed at providing medical services and medical care; acts that form the relationship of health care institutions with patients; actsthat regulate characterological social relations in the field of medical care; acts establishing legal liability for violation of norms in thefield of medical care. In accordance with the proposed classification, the author described the systematized regulations. The sources thatdetermine international legal acts in the field of health care are documents issued by the United Nations, the World Health Organi zation,the International Labor Organization, the Council of Europe and the European Union, the World and European Medical Associations, andnamely: “Convention for the Protection of Human Rights and Dignity of Biology and Medicine: Convention on Human Rights and Biomedicine(European Convention on Human Rights and Biomedicine)”; “European Convention for the Protection of Human Rights andFundamental Freedoms (ECHR)”; “European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment”;“European Social Charter (ESC)”; “Framework Convention for the Protection of National Minorities”; “Recommendation № R(2000) 5 of the Committee of Ministers of the Council of Europe to member states on the development of forms of participation of citizensand patients in the decision-making process affecting health care”; “Partial agreement in the field of social and public health”; “Conventionon the Development of a European Pharmacopoeia”; “Convention for the Protection of Human Rights and Dignity in Respect ofthe Use of Advances in Biology and Medicine” and its protocols, etc., which are supplemented and clarified by a number of recommendationsin the field of medical care; Directive 2001/83 / EC of the European Parliament and of the Council of the European Union on theCommunity code relating to medicinal products for human use, as well as Directives of the Council of the European Union, namely: theEU Charter of Fundamental Rights; “Draft EU Directive on the rights of patients in cross-border healthcare”, etc.
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Chaidir Mirza, Ahmad, Sudarsono Sudarsono, and Istislam Istislam. "The Meaning of Political Rights of Former Prisoners in the Perspective of Pancasila Democracy." International Journal of Social Science Research and Review 5, no. 1 (January 3, 2022): 56–63. http://dx.doi.org/10.47814/ijssrr.v5i1.159.
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This paper analyzes the issue of the rights of former prisoners in general elections in Indonesia. General Election Commission Regulation Number 20 of 2018 concerning the nomination of members of the People's Representative Council, Provincial DPRD, and Regency/City Regional People's Representative Council which is related to the provisions of Article 4 paragraph (3) and Article 7 letter (g) of the PKPU which emphasizes the necessity in the selection of prospective legislative candidates does not include former convicts of corruption, drug dealers, and sexual crimes. This research is a type of normative legal research. The approach taken is a statutory approach and a case approach, with analytical prescriptive legal analysis techniques. The meaning of the political rights of former prisoners in the perspective of Pancasila democracy is to withdraw the rights that have been given by the State, namely the right to be elected and to vote in the general election of a former prisoners solely to guarantee the recognition and respect for human rights and basic freedoms others, decency, public order, and the interests of the nation.
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Zavhorodnii, V. "The concept of the functions of court judgments of the Council of Europe." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 13(25) (June 8, 2022): 91–97. http://dx.doi.org/10.33098/2078-6670.2022.13.25.91-97.
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Purpose. The aim of the article is to clarify the characteristic features inherent in the functions of Court judgments of Council of Europe and to formulate on this basis the definition of the concept of the same name. Methodology. The theoretical tools of the study were: universal epistemological principles of cognition, complex, dialectical, axiological approaches, general scientific and special scientific methods of cognition. In particular, the following methods of scientific research were used during the research: analysis, synthesis, induction, deduction, structural, systemic, technical-dogmatic. Results. As a result of the study it was established that the functions of Court judgments of Council of Europe are the main areas of influence of the European Court of Human Rights on the consciousness and conduct of legal entities to guarantee convention rights and fundamental human freedoms under the jurisdiction of a State party to the Convention on the Protection of Human Rights and fundamental freedoms. Scientific novelty. For the first time, the paper substantiates the definition and identifies the characteristic features of the functions of Court judgments of Council of Europe as legal acts that are adopted on the merits and have a dual legal nature. Practical significance. The results of the study can be used for further scientific research in this area, as well as in the law enforcement activities of entities authorized to implement the judgments of the European Court of Human Rights in the national legal order of Ukraine.
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Widodo, Hananto. "PARAMETER PENGAWASAN POLITIK DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA MENURUT UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945." Perspektif Hukum 19, no. 2 (November 21, 2019): 229. http://dx.doi.org/10.30649/phj.v19i2.207.
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<em>Amendments to the 1945 Constitution have provided support to the DPR, including strengthening the DPR's oversight function. Article 22 Paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The DPR's supervisory function as a compilatory composer is elaborated in Article 79 paragraphs (2) and (3) of Law No. 17 of 2014 concerning the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council and the Regional People's Representative Council (MD3). In Article 79 paragraphs (2) and (3) of MD3 Law only norms are formulated which become the object of interpellation and the questionnaire rights are legislation and policies. The formulation of Article 79 paragraphs (2) and (3) does not explain the parameters used by the DPR to request policies from the Government. The purpose of this article is to provide parameters for the use of interpellation rights and questionnaire rights to government policies. This type of research in this paper is normative research. With primary legal material for the 1945 Constitution of the Republic of Indonesia and Law No. 17 of 2014 concerning the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council and the Regional People's Representative Council (MD3). The parameters of the right of interpellation and the right of questionnaire to government policies that were born from free government authority are general principles of good governance (AAUPB).</em>
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Usfunan, Maria Virginia. "RESTRICTIONS ON THE VOTING RIGHTS OF FORMER CORRUPTOR CONSTITUTIONS." Khairun Law Journal 7, no. 1 (September 13, 2023): 49–65. http://dx.doi.org/10.33387/klj.v7i1.6822.
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One form of popular sovereignty is through general elections. This is evidenced by the provisions of Article 1 point 1 of Law Number 7 of 2017 concerning General Elections (Election Law) which stipulates "General Elections, hereinafter referred to as Elections, are a means of people's sovereignty to elect members of the People's Legislative Assembly, members of the Regional Representatives Council, President, and Vice President, to elect members of the Regional People's Legislative Council, which is carried out directly, publicly, freely, confidentially, honestly and fairly within the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia". General elections that are held directly, publicly, freely, confidentially, honestly and fairly are expected to truly protect human rights in accordance with the guarantee of legal certainty and justice. However, the General Elections Commission has regulations that prohibit every corrupt ex-convict from becoming a candidate for member of the People's Representative Council of the Republic of Indonesia/Regional People's Representative Council and Regional Representative Council (DPR-RI/DPRD and DPD). This study uses a normative research method with a statutory approach (statue approach) and a conceptual approach (conceptual statue).Sources of legal materials are obtained from primary legal materials, secondary legal materials, tertiary legal materials. The technique for collecting legal materials in legal research is carried out through a card system. The analysis technique used in this research is descriptive analytic analysis technique. In addition, it also uses evaluation techniques which are carried out by providing an assessment to find out whether a view, proposition, statement of norms, and decisions contained in legal materials is appropriate or not, and the last is argumentation technique. This argumentation technique cannot be separated from evaluation techniques. because the assessment must be based on reasons that are in accordance with legal logic..
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Theodore Sasson. "Review Essay: Israeli Attitudes on Civil Rights, Democracy and Arab-Jewish Relations." Israel Studies 23, no. 2 (2018): 217. http://dx.doi.org/10.2979/israelstudies.23.2.10.
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