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Journal articles on the topic 'Human rights – Eastern Europe'
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1
Tomaševski, Katarina. "Human Rights in Eastern Europe." Human Rights in Development Online 1, no. 1 (1994): 67–110. http://dx.doi.org/10.1163/221160894x00070.
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Woodward, Beverly. "Human rights and the new Eastern Europe." Peace Review 2, no. 1 (January 1990): 19–24. http://dx.doi.org/10.1080/10402659008425528.
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Kmezic, Marko. "Studies of Human Rights in South Eastern Europe." Review of Central and East European Law 35, no. 4 (2010): 397–414. http://dx.doi.org/10.1163/157303510x12650378240593.
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King, Toby. "The European Community and Human Rights in Eastern Europe." Legal Issues of Economic Integration 23, Issue 2 (December 1, 1996): 93–125. http://dx.doi.org/10.54648/leie1996016.
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Nakarada, Radmila. "The Constitutional Promotion of Human Rights in Eastern Europe." Alternatives: Global, Local, Political 15, no. 2 (April 1990): 227–40. http://dx.doi.org/10.1177/030437549001500205.
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Karadjova, Mariana. "Property Restitution in Eastern Europe: Domestic and International Human Rights Law Responses." Review of Central and East European Law 29, no. 3 (2004): 325–63. http://dx.doi.org/10.1163/1573035042132932.
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AbstractThis article presents an overview of how those East European countries that are members of the Council of Europe have approached the problems of restitution as a means of reparation for past injustices. In doing so, attention will be paid to: the entitled persons and the extent of restitution; the underlying motivations vis-à-vis the form of reparation (restitution in kind or compensation), and attitudes towards minority groups and foreigners as part of the restitution process. Emphasis will also be given to the role played by international instruments (the ECHR and its future Protocol 12, the International Covenant on Civil and Political Rights, various UN resolutions, etc), as well as by judicial institutions (the European Court of Human Rights, the UN Human Rights Committee) in the evolution of the restitution process in Eastern Europe in general, and regarding such issues as equality between foreigners and nationals as well as minority and religious groups and the elaboration of an international standard of restitution as reparation for abuses of human rights in particular. The bodies of the ECHR have managed to avoid problems related to restitution and reparations for past injustices by arguing that the right of restitution is not guaranteed by art.1 of Protocol 1 to the the ECHR. But the entry into force of a new Protocol 12 to the Convention will likely result in changes being made in this thought process, at least as regards the position of foreigners. If measures denying restitution, owing to the claimant's nationality, were taken after ratifi cation of Protocol 12, the way should be opened in the future to foreigners (in addition to procedures before the UN Human Rights Committee) to more effectively defend their rights relative to such restorative measures: notably, the possibility of seizing the Strasbourg Court with claims relating to justifi cation for "unequal treatment". The right to remedy the injustices committed to the victims of violations of human rights and international humanitarian law has appeared with increasing frequency on the agenda of the UN Commission on Human Rights. Furthermore, in its recent case law, the UN Human Rights Committee has evidenced a concern over several questions relating to the respect of possessions; it has already opted for the proposition that any discrimination on the basis of nationality in restitution legislation can be deemed to be a violation of the International Covenant on Civil and Political Rights. Lastly, after ratifi cation of Protocol 12, we can expect a link to be forged between the vision of the UN Commission on Human Rights and that of the European Court of Human Rights that may—in the future—lead to the elaboration of a common international mechanism regulating restitution as a means for the reparation of abuses of human rights.
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Subotić, Jelena. "Out of Eastern Europe." East European Politics and Societies: and Cultures 29, no. 2 (May 2015): 409–19. http://dx.doi.org/10.1177/0888325415569763.
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What is the contribution of Eastern European scholarship to the study of human rights and transitional justice? This essay takes stock of the most significant empirical and theoretical contributions of the study of Eastern Europe, specifically the study of the difficult case of the former Yugoslavia, to the scholarship on transitional justice. I identify three main challenges the scholarship on the former Yugoslavia has presented to the larger field of transitional justice: the political challenge of multiple overlapping transitions, the inability of international institutions to effect domestic social change, and the dangers of politicization of past violence remembrance.
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Nowak, Manfred. "The Right of Self-Determination and Protection of Minorities in Central and Eastern Europe in light of the case-law of the Human Rights Committee." International Journal on Minority and Group Rights 1, no. 1 (1993): 7–16. http://dx.doi.org/10.1163/157181193x00077.
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AbstractThe right of self-determination and protection of minorities in Central and Eastern Europe is discussed in the light of the case law of the Human Rights Committee, which shows that many traditional minorities in Central and Eastern Europe are to be qualified as minorities within the meaning of article 27 of the UN Covenant. The author concludes that the UN Covenant on Civil and Political Rights still remains the only international treaty guaranteeing protection to minorities and providing measures of international supervision. He argues for a common and internationally binding European agreement providing adequate protection against minority rights violations, be it in the framework of the CSCE, Council of Europe or an enlarged European Communities.
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Tyc, Aneta. "Migrant Domestic Workers in Europe: the Need for a Better Protection." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 7 (December 15, 2017): 141–57. http://dx.doi.org/10.14746/ppuam.2017.7.09.
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Migrant domestic workers are estimated at approximately 11.5 million persons worldwide. European women are being replaced in their household chores by immigrant women, e.g. from Africa, Asia and Eastern Europe. The paper focuses on human labour rights of domestic migrant workers, especially from the point of view of the typology which divides international standards concerning labour as a matter of human rights into four groups: rights relating to employment (eg. the prohibition of slavery and forced labour); rights deriving from employment (eg. the right to social security, the right to just and favourable conditions of work); rights concerning equal treatment and nondiscrimination, and instrumental rights (eg. the right to organise, the right to strike). The aim of this paper is to reveal insufficient effectiveness of human labour rights according to the above-mentioned typology. Thus, the author will concentrate on the issues of modern slavery, hyper-precarity and discrimination.
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Richardson-Little, Ned, Hella Dietz, and James Mark. "New Perspectives on Socialism and Human Rights in East Central Europe since 1945." East Central Europe 46, no. 2-3 (November 22, 2019): 169–87. http://dx.doi.org/10.1163/18763308-04602004.
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In recent years, the study of human rights history has expanded beyond Western-centered narratives, though the role of Eastern European state socialism and socialists in the evolution of human rights concepts and politics has not received sufficient attention. This introductory essay synthesizes recent research of the role of Eastern Bloc socialist states in shaping the emergence of the post-war human rights system and the implications of this new research for the history of the Cold War, dissent as well as the collapse of state socialism in 1989/91. Ultimately, state socialist actors were not merely human rights antagonists, but contributed to shaping the international arena and human rights politics, motivated both strategically as well as ideologically. And the Eastern Bloc was not merely a region that passively absorbed the idea of human rights from the West, but a site where human rights ideas where articulated, internationalized and also contested.
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Richardson-Little, Ned. "From Tehran to Helsinki: the International Year of Human Rights 1968 and State Socialist Eastern Europe." Diplomatica 1, no. 2 (December 6, 2019): 180–201. http://dx.doi.org/10.1163/25891774-00102003.
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When the United Nations proclaimed 1968 to be the International Year of Human Rights, the official goal was to promote the adoption of the recently created human rights Covenants around the world. Instead of compelling the Eastern Bloc to accept liberal democratic conceptions of rights, however, it acted as a catalyst for the genesis of state socialist conceptions of human rights. Eastern Bloc elites claimed these rights were superior to those in the West, which they argued was beset by imperialism and racism. Although some within Eastern Europe used the Year as an opportunity to challenge state socialist regimes from within, the UN commemoration gave socialist elites a new language to legitimize the status quo in Eastern Europe and to call for radical anti-imperialism abroad. While dissent in the name of human rights in 1968 was limited, the state socialist embrace of human rights politics provided a crucial step towards the Helsinki Accords of 1975 and the subsequent rise of human rights activism behind the Iron Curtain.
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Atanasoski, Neda. "Roma rights on the world wide web." European Journal of Cultural Studies 12, no. 2 (May 2009): 205–18. http://dx.doi.org/10.1177/1367549409102427.
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This article addresses contemporary Roma rights issues in Central and Eastern Europe by exploring the relationship between internet technologies and the discourses surrounding human rights and the post-socialist transition. Because the Roma are a transnational European minority ethnic group, they have been used as a 'test case' by western human rights groups to evaluate minority rights in post-socialist nations. The article highlights the role of new media technologies in redirecting concerns about the lack of human rights in Europe as a whole to the former Eastern bloc countries. It draws attention to the limits of western liberal discourses and new media technologies to redress racial and material discrimination against the Roma.
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Tonelli, Simon James. "Migration and democracy in central and eastern Europe." Transfer: European Review of Labour and Research 9, no. 3 (August 2003): 483–502. http://dx.doi.org/10.1177/102425890300900309.
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Amidst the political changes that swept through central and eastern Europe following the fall of the Berlin Wall in 1989, the right to migrate was synonymous in the minds of many with the establishment of democracy. Although the political transition of the 1990s was preceded in some countries by a relaxation of their strict exit regimes, these were only minor measures in comparison with the profound changes to the system of population control ushered in by the political transition to democracy. A mosaic of migration patterns (ethnically based migrations, return migration, labour migration, transit migration) gathered pace during the 1990s throughout the vast region of the former Soviet bloc. As conflict and war broke out in different areas, notably in the Caucasus and south-east Europe, these migratory movements were inflated by huge numbers of refugees, asylum-seekers and displaced persons. The newly independent states underpinned their political transition towards democracy, the rule of law and the protection of human rights through membership of the Council of Europe and ratification of international conventions which included important guarantees for the rights and protection of migrants and their families. In May 2004, eight of these countries will join the European Union and after a transitional period become integral parts of the internal labour market with their populations enjoying the full freedom of movement rights of EC law. This article outlines the major migration trends in central and eastern Europe since the extension of democracy across the continent, highlights different aspects of labour migration in the region, including the impact of EU enlargement, and refers to some integration issues. This description is preceded by a series of brief historical, political and legal perspectives.
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Černič, Jernej Letnar. "Contours of National Action Plans on Business and Human Rights in Central and Eastern Europe." Philosophy of law and general theory of law, no. 1 (December 21, 2021): 174–86. http://dx.doi.org/10.21564/2707-7039.1.247491.
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Central and Eastern Europe has been often overseen in the debates on business and humanrights. Countries in the regions share a common history, experience and culture. Human rights andfundamental freedoms were in the past systematically and generally violated. Since democratisation,countries have suffered from a wide range of related human rights abuses. Corporations in theregions have often directly and indirectly interfered with the human rights of employees and thewider communities. Business and human rights has in the past lagged behind global developmentsalso in the light of the lack of capacity and general deficient human rights situation. This articledescribes and discusses contours of the National Action Plans on Business and Human Rights of theCzech Republic, Poland, Lithuania, Georgia, Ukraine and Slovenia by examining their strengths anddeficiencies. It argues that the field of business and human rights in Central and Eastern Europe hasmade a step forward in the last decade since the adoption of the United Nations Guiding Principleson Business and Human Rights. Nonetheless, human rights should be further translated into practiceto effectively protect human dignity of rights-holders.
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Marcus, Isabel. "Compensatory Women's Rights Legal Education in Eastern Europe: The Women's Human Rights Training Institute." Human Rights Quarterly 39, no. 3 (2017): 539–73. http://dx.doi.org/10.1353/hrq.2017.0032.
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Korey, William. "Helsinki, Human Rights, and the Gorbachev Style." Ethics & International Affairs 1 (March 1987): 113–33. http://dx.doi.org/10.1111/j.1747-7093.1987.tb00518.x.
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Human rights is one of three issues addressed by the Helsinki Accord, alongside security and trade matters. In the mid-seventies the accord was greeted with enthusiasm by the Soviet Union, which saw it as a means to reduce the U.S. presence in Europe. The United States, which played a limited role in drafting the accord, feared it might result in a betrayal of the various nationalities of Eastern Europe by its tacit acceptance of Soviet territorial arrangements. Over the next ten years the human rights section of the accord would become a central point of contention between the superpowers. Korey traces the evolution of the dispute and discusses Gorbachev's uneven attempts to improve the Soviet Union's recognition of human rights.
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Nicole, Jacques, and Jean‐Nicolas Bitter. "The WCC and the question of human rights in Eastern Europe∗." Religion, State and Society 21, no. 3-4 (January 1993): 257–62. http://dx.doi.org/10.1080/09637499308431599.
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Zielonka, Jan. "Toward A More Effective Policy for Human Rights in Eastern Europe." Washington Quarterly 11, no. 4 (December 1988): 199–220. http://dx.doi.org/10.1080/01636608809477511.
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Ramet, Sabrina P. "Redefining the Boundaries of Human Rights: The Case of Eastern Europe." Human Rights Review 9, no. 1 (November 1, 2007): 1–13. http://dx.doi.org/10.1007/s12142-007-0025-3.
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Muskaj, Blerina. "The International Organization, OSCE and Its Presence in Central Eastern Europe." European Journal of Social Sciences 3, no. 1 (January 1, 2020): 83. http://dx.doi.org/10.26417/ejss-2020.v3i1-87.
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International organizations have gained the right importance and have been named as the main actors in international relations with the end of the wars. States realized that it would be more reasonable to cooperate, thus achieving higher and faster results. For this reason, organizations of different types began to be created either by the nature of the operation or the geographic extent. Their roles and objectives have been different, some focus on the political aspects of relations between states and others have more administrative or technical functions to facilitate the work of states and form faster services to individuals. Other organizations deal with security issues and police and human rights issues. In this category are created many organisms, such as NATO, charged with state security and military interventions or the Council of Europe, with the aim of promoting democratic values, implanting them and protecting human rights. The organization that will focus on this paper is the OSCE: Organization for Security and Co-operation in Europe. Among the first created in this area, with objectives to coordinate the work in the fields of state and human security, the fight against terrorism, promotion of democracy and fundamental freedoms, environmental and economic protection, and the area of protection of Human Rights and Minorities, we will mainly see the focus of this organization in East Central Europe. During the time I've been involved with, I tried to bring a historical flow of events to understand how the OSCE missions work in the field and what is the difference with the theory and how the OSCE mission emerges CEE, as a case study Albania.
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Muskaj, Blerina. "The International Organization, OSCE and Its Presence in Central Eastern Europe." European Journal of Social Sciences 3, no. 1 (January 1, 2020): 83. http://dx.doi.org/10.26417/ejss.v3i1.p83-89.
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International organizations have gained the right importance and have been named as the main actors in international relations with the end of the wars. States realized that it would be more reasonable to cooperate, thus achieving higher and faster results. For this reason, organizations of different types began to be created either by the nature of the operation or the geographic extent. Their roles and objectives have been different, some focus on the political aspects of relations between states and others have more administrative or technical functions to facilitate the work of states and form faster services to individuals. Other organizations deal with security issues and police and human rights issues. In this category are created many organisms, such as NATO, charged with state security and military interventions or the Council of Europe, with the aim of promoting democratic values, implanting them and protecting human rights. The organization that will focus on this paper is the OSCE: Organization for Security and Co-operation in Europe. Among the first created in this area, with objectives to coordinate the work in the fields of state and human security, the fight against terrorism, promotion of democracy and fundamental freedoms, environmental and economic protection, and the area of protection of Human Rights and Minorities, we will mainly see the focus of this organization in East Central Europe. During the time I've been involved with, I tried to bring a historical flow of events to understand how the OSCE missions work in the field and what is the difference with the theory and how the OSCE mission emerges CEE, as a case study Albania.
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Saraceno, Benedetto, and Shekhar Saxena. "Mental health services in Central and Eastern Europe: current state and continuing concerns." Epidemiologia e Psichiatria Sociale 14, no. 1 (March 2005): 44–48. http://dx.doi.org/10.1017/s1121189x00001925.
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SummaryAims – This paper attempts to examine the current state of mental health services in Central and Eastern Europe. Methods – Selected review of available literature has been done with emphasis on information complied by World Health Organization (WHO). Results – The magnitude and burden of mental disorders is high in Europe, the mental health services are inadequate in most Central and Eastern European countries and human rights situation is unsatisfactory. However, there are some positive recent developments worth noting. These include increased attention to human rights, cooperation and collaboration at subregional level and emergence of family and consumer associations. Conclusions – A concerted and systematic attempt needs to be made to respond to the challenge of providing adequate and human rights-based mental health services in Central and Eastern European countries. The framework developed by WHO can assist the countries in their initiatives aimed at improving mental health systems.Declaration of Interest: none
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Sever, Tina, Iztok Rakar, and Polonca Kovač. "Protecting Human Rights Through Fundamental Principles of Administrative Procedures in Eastern Europe." DANUBE: Law and Economics Review 5, no. 4 (February 2, 2015): 249–75. http://dx.doi.org/10.2478/danb-2014-0014.
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Abstract Administrative procedures (APs) are tools to protect fundamental human rights in statecitizen relations. As the modernization of public administration regulation is undergoing a transformation in the direction of reducing detailed rules on APs and, by the same token, emphasizing fundamental or general principles, research on the development and the state of the art of administrative principles in the general administrative procedure acts (APAs) of selected Eastern Europe countries with a common heritage of Austrian law dating back to 1925 (Slovenia, Croatia, Macedonia and the Czech Republic) was carried out. The normative-comparative analysis reveals differences in approaches to and the pace of APAs reform and content; some countries are taking a more radical approach, mainly by following good governance dimensions. Convergence based on Council of Europe and EU initiatives is also evident. Classical guarantees against the misuse of power (principles of legality, equality, proportionality, rights of defense, etc.) are therefore crucial. The most progress seems to have been made by Croatia and the Czech Republic; by focusing on partnerships in administrative-legal relations in the sense of good administration, these two countries have, among other things, set a trend for other countries to follow.
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Blitz, Brad K. "Evaluating Transitions: Human Rights and Qualitative Democracy in Central and Eastern Europe." Europe-Asia Studies 63, no. 9 (November 2011): 1745–70. http://dx.doi.org/10.1080/09668136.2011.611656.
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MAZOWER, MARK. "THE STRANGE TRIUMPH OF HUMAN RIGHTS, 1933–1950." Historical Journal 47, no. 2 (May 24, 2004): 379–98. http://dx.doi.org/10.1017/s0018246x04003723.
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This article explores the origins of the UN's commitment to human rights and links this to the wartime decision to abandon the interwar system of an international regime for the protection of minority rights. After 1918, the League of Nations developed a comprehensive machinery for guaranteeing the national minorities of eastern Europe. But by 1940 the League's policies were widely regarded as a failure and the coalition of forces which had supported them after the First World War had disintegrated. German abuse of the system after 1933, and the Third Reich's use of ethnic German groups as fifth columns to undermine the Versailles settlement were cited by east European politicians as sufficient justification for a new approach which would combine mass expulsion, on the one hand, with a new international doctrine of individual human rights on the other. The Great Powers supported this because they thereby escaped the specific commitments which the previous arrangements had imposed on them, and which Russian control over post-war eastern Europe rendered no longer practicable. But they also supported it because the new rights regime had no binding legal force. In respect, therefore, of the degree to which the principle of absolute state sovereignty was threatened by these arrangements, the rights regime of the new UN represented a considerable weakening of international will compared with the interwar League. But acquiescing in a weaker international organization was probably the price necessary for US and Soviet participation.
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Gülalp, Haldun. "Secularism and the European Court of Human Rights." European Public Law 16, Issue 3 (September 1, 2010): 455–71. http://dx.doi.org/10.54648/euro2010031.
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This article examines the variety of State-religion relations and the place of Islam in Europe through a critical analysis of the case law of the European Court of Human Rights (ECtHR, or the Court). This examination reveals both the patterns of litigation, hence the diversity in national political cultures, and the dominant normative assumptions about religion and secularism in Europe more generally, which are implicit in the Court’s reasoning. Although the Court grants a ‘margin of appreciation’ to individual states, the margin itself seems to vary according to those implicit normative preferences. The essay argues that although neither the Convention nor the Court prescribes a normative model of secularism or State-religion relations, there still seems to be an implicit pattern whereby the Court prefers some models to others. Historically ingrained cultural assumptions about not only the division between Christianity and Islam but also between Western and Eastern Christianity appear to have played a part in the reasoning of the judges of the ECtHR.
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Pogány, István. "Refashioning Rights in Central and Eastern Europe: Some Implications for the Region’s Roma." European Public Law 10, Issue 1 (March 1, 2004): 85–106. http://dx.doi.org/10.54648/euro2004006.
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This article seeks to provide some insight into the multiple human rights challenges facing the Roma of Central and Eastern Europe (CEE). Under Communism, the bulk of the Roma benefited from wide-ranging social and economic rights introduced in the CEE states including rights to work, housing, healthcare and education. Paradoxically, the transition to democracy, economic liberty and a new emphasis on civil and political rights has precipitated a massive crisis for the region’s Roma. Subject to spiralling unemployment and sharply escalating living costs, most Roma have not been able to take advantage of the political, cultural or economic opportunities now available to them. Similarly, the recognition of minority rights in both regional instruments and national legislation, particularly since 1990, has had relatively little impact on the Roma of Central and Eastern Europe. Against a background of heightened racial animosity and persistent assaults on Roma victims, many Roma are afraid to assert their identity. For the mass of impoverished Roma, notions of minority rights are irrelevant. Finally, the article explores the failure of criminal justice systems in Central and Eastern Europe to respond to widespread physical intimidation directed against Roma subjects.
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Ploszka, Adam. "Shrinking Space for Civil Society: A Case Study of Poland." European Public Law 26, Issue 4 (December 1, 2020): 941–60. http://dx.doi.org/10.54648/euro2020072.
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This article discusses the phenomenon of shrinking space for civil society organizations in Poland, a Member States of the European Union and Council of Europe. It describes the tools used by Polish public authorities to restrict the operational capacity of civil society and compares these tools with the applicable constitutional and human rights standards. The article’s summary presents recommendations concerning the methods of addressing this phenomenon in Poland, which are capable of being applied in a broader context of other countries of Central and Eastern Europe. human rights, ECHR, shrinking space, civil society
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Żuk, Piotr, and Paweł Żuk. "Offshoring, labour migration and neo-liberalisation: nationalist responses and alternatives in Eastern Europe." Economic and Labour Relations Review 29, no. 1 (November 10, 2017): 97–117. http://dx.doi.org/10.1177/1035304617739759.
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Trends in Eastern Europe, with particular emphasis on Poland, are used in this article to analyse offshoring as a form of social dumping. Neoliberalisation and globalisation generate and utilise the mobility of both capital and labour. Meanwhile, labour migration is presenting a challenge to the observance of labour rights. Present-day methods of capital accumulation rely on the search for cheap labour and the relocation of production to territories that do not protect workers’ rights. Effective defence of labour rights must take place at the transnational level, where most capital is generated. Trade unions need to cross national borders in order to move social activity into this area. The defence of workers’ rights must go hand in hand with the struggle against nationalism and racist prejudices. In this context, migrant workers become one of the main potential driving forces of the modern global proletariat. JEL Codes: J610, J710, P1
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Černič, Jernej Letnar. "A Glass Half Empty? Execution of Judgments of the European Court of Human Rights in Central and Eastern Europe." Baltic Yearbook of International Law Online 15, no. 1 (July 29, 2016): 285–302. http://dx.doi.org/10.1163/22115897-90000071b.
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This article critically examines weak execution of judgements of the European Court of Human Rights from the perspective of on-going innate struggle between ideas of liberalism and illiberalism in transitional societies of Central and Eastern European countries. This article thereafter identifies and analyses the reasons for poor execution of judgements in most Central and Eastern European states from the perspective of (il)liberalism, trying to draw out lessons concerning the understanding of current failures of those states to comply with the European Convention for the Protection of Human Rights and Fundamental Freedoms. Equipped with this knowledge, this article goes on to argue that some common reasons for non-execution of judgement can be identified across Central and Eastern European states. It argues that those reasons can be inter alia located in legal formalisms, authoritarian judicial cultures and lack of self-criticisms of judicial structures. To this end, this article suggests how Central and Eastern European states could overcome the hurdles posed by remains of socialist legal culture in a manner that will live up to their obligations concerning execution of judgements of the European Court of Human Rights.
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Klímová-Alexander, Ilona. "Development and Institutionalisation of Romani Representation and Administration. Part 1." Nationalities Papers 32, no. 3 (September 2004): 599–629. http://dx.doi.org/10.1080/0090599042000246415.
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The post-1989 rise of ethnic conflicts in the former Eastern Bloc have led to the renewed salience of minority rights and their prominence in international relations. The 1990s witnessed a proliferation of legal instruments and offices dedicated to minority rights at the intergovernmental level (mainly within the Organisation for Security and Cooperation in Europe, Council of Europe, but also the United Nations). After decades of arguing that rights of persons belonging to national, ethnic or religious minorities can be sufficiently ensured within the framework of universal human rights, attributed to individuals regardless of group membership, liberal political theorists (most notably Will Kymlicka) have started to advocate the need to supplement these traditional human rights with minority rights (meaning certain group-differentiated rights or “special status” for minority cultures) in order to ensure justice in multicultural states.
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Sweeney, James A. "MARGINS OF APPRECIATION: CULTURAL RELATIVITY AND THE EUROPEAN COURT OF HUMAN RIGHTS IN THE POST-COLD WAR ERA." International and Comparative Law Quarterly 54, no. 2 (April 2005): 459–74. http://dx.doi.org/10.1093/iclq/lei003.
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The number of states participating in the Council of Europe's system for the protection of human rights has grown rapidly over recent years. Established in 1949 with an initial membership of 10 states, the Council has now grown to a membership of 46,2dwarfing the EU in its geographical reach. The most significant period of enlargement has been since the end of the Cold War as the formerly Communist states from central and eastern Europe flocked to the Council of Europe seeking assistance with the process of democratisation. The Council's most prominent human rights treaty, the European Convention on Human Rights, has entered into force for all but one of the 46 member states.3This paper questions whether the European Court of Human Rights' recognition of a national ‘margin of appreciation’ has allowed these new Contracting Parties too much leeway in the way they choose to protect, or more specifically, to limit, the exercise of human rights.
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Fyrnys, Markus. "Expanding Competences by Judicial Lawmaking: The Pilot Judgment Procedure of the European Court of Human Rights." German Law Journal 12, no. 5 (May 1, 2011): 1231–60. http://dx.doi.org/10.1017/s2071832200017284.
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The institutional design of the Strasbourg system that has evolved over the last decades is an expression of contemporary debates surrounding the system's very nature and purpose. The current debate primarily bears on the range of choices that the Council of Europe faces in adapting to the changes in Europe, which largely have been caused by its expansion to cover nearly all post-Communist States of Central and Eastern Europe since the 1990s. This expansion, and with it the extension of the scope of the European Convention on Human Rights (the Convention) to now more than 800 million people in forty seven countries, has confronted the European Court of Human Rights (the Court) with a far broader range of human rights problems than had previously existed. By 2010, the number of pending cases had risen to 139,650 but the Court's adjudicative capacity remains limited.
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PREDA (DAVIDOIU), Madălina. "THE RESPECT FOR FUNDAMENTAL HUMAN RIGHTS DURING AND AFTER THE RUSSIAN-GEORGIAN WAR." BULLETIN OF "CAROL I" NATIONAL DEFENCE UNIVERSITY 11, no. 4 (January 16, 2023): 55–60. http://dx.doi.org/10.53477/2284-9378-22-94.
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The normative and practical value of protecting civilians during armed conflicts and respecting the exercise of human rights and fundamental freedoms even in international armed conflicts is an undeniable one. Changing the forms and means used in armed struggles leads to violations of the provisions of international humanitarian law. The case-law of the European Court of Human Rights in the case of Georgia v. Russia has made a connection between the fundamental rights included in the Convention for the Protection of Human Rights and Fundamental Freedoms and the rights protected by the laws of armed conflicts, a decision of particular importance in the current security context in South-Eastern Europe
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CHRISTIAENS, KIM. "‘Communists are no Beasts’: European Solidarity Campaigns on Behalf of Democracy and Human Rights in Greece and East–West Détente in the 1960s and Early 1970s." Contemporary European History 26, no. 4 (October 17, 2017): 621–46. http://dx.doi.org/10.1017/s0960777317000364.
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Ever since the collapse of the Greek military regime in 1974 European campaigns over human rights and democracy in Greece have been commonly understood within an anti-totalitarian narrative that has celebrated resistance against both communist dictatorship and right-wing authoritarianism as part of a common journey towards a democratic continent. This article analyses the little-studied history of European solidarity movements with Greece during the 1960s and early 1970s that stretched across both the West and East of the continent. In so doing, it suggests that these campaigns were a facet of the politics of détente and rapprochement that brought together Western and Eastern Europe. Communist peace movements played a central role in these human rights campaigns. This was far from a common anti-totalitarian movement; rather, campaigns for Greece were enmeshed within movements that worked on a wide range of issues – from support for Eastern European dissidents and anti-fascism to world peace and protest against the Vietnam War. Nor were they about ‘a return to Europe’: above all they thrived on common connections in East and West with the Third World.
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Thomas, Daniel C. "Human Rights Ideas, the Demise of Communism, and the End of the Cold War." Journal of Cold War Studies 7, no. 2 (April 2005): 110–41. http://dx.doi.org/10.1162/1520397053630600.
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This article analyzes the role of human-rights ideas in the collapse of Communism. The demise of Communist rule in Eastern Europe and the Soviet Union was significantly influenced by the transnational diffusion of humanrights ideas. The analysis focuses on how human-rights norms were transmitted to Soviet dissidents and policymakers. The article also considers precisely how, and how much, these norms affected policy. The two primary causal mechanisms were the transmission of these ideas by a transnational Eastern European social movement for human rights, which expanded the roster of available political concepts and the terms of political legitimacy, and the mechanism of “rhetorical entrapment” whereby Soviet leaders became “trapped” or constrained to uphold their rhetorical commitment to the Helsinki Accords by the expanding discourse of human rights. Subsequently, Soviet leaders accepted human rights ideas for both substantive and instrumental reasons. Western power played some role, but the ideas themselves were salient, legitimate, and resonant for Soviet leaders seeking a new identity and destiny for the Soviet Union.
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White, S. "EU, Eastern Europe and Values Imperialism." MGIMO Review of International Relations, no. 4(37) (August 28, 2014): 116–24. http://dx.doi.org/10.24833/2071-8160-2014-4-37-116-124.
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This paper proposes an idea of'values imperialism'as a helpful way of conceptualising the relationship between the EU and the states that came within its sphere of influence after the end of the Cold War, particularly its 'neighbours' in Eastern Europe. Values imperialism places its emphasis on the 'superstructure', including norms, laws and social practices. EU larger objective was that the assumptions about government and ownership that were favoured by the dominant powers (EU and the West in the broad term) should be absorbed and recapitulated by those countries that were subordinate. The broad framework ofsubordination was established by the Partnership and Cooperation Agreements that began to be concluded from 1994 onwards. Patterns of'values imperialism'could also be discovered in the EU Common Strategies on Russia and Ukraine that were adopted in 1999. Article also points out several cases when the EU intervened directly in the domestic affairs of the Eastern Europe countries in a manner that was not always compatible with the provisions on state sovereignty: a 'European Instrument for Democracy and Human Rights', launched in 2006, interventions ofEU representatives in the work of local courts and organisation of exit polls, which could be used to discredit the official election results and in this way to undermine the position of local governments. Finally, the author concludes that the EU used 'values imperialism'practices in order to extend its influence, particularly in the Eastern Europe.
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Shcherbovich, Andrey A. "Comparative analysis of the legislation in sphere of Internet governance in Central and Eastern Europe." Prawo 327 (June 11, 2019): 325–38. http://dx.doi.org/10.19195/0524-4544.327.21.
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The article deals with a comparative analysis of provisions of national legislation and draft legislation initiatives of the nations of Central and Eastern Europe on regulation of the Internet. Special attention is paid to legislative measures infringing human rights of Internet users. Here we need to stress the importance of international law which could guarantee realization of the human rights of users, as well as integrity of the Internet. Finally, the article suggests the most important provisions of the international rules for these purposes.
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Nuzov, Ilya. "Freedom of Symbolic Speech in the Context of Memory Wars in Eastern Europe." Human Rights Law Review 19, no. 2 (June 2019): 231–53. http://dx.doi.org/10.1093/hrlr/ngz008.
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Abstract This article addresses the historic evolution and recent proliferation of memory laws that prohibit symbolic speech in Eastern Europe. A phenomenon of the latter part of the twentieth century, these laws traditionally enabled democracies to defend themselves against extreme ideologies by restricting symbols of totalitarian regimes. An analysis of recently adopted laws in Ukraine and Russia, however, demonstrates a shift away from these aims to restrictions on the use of symbolic speech as measures to counteract external security threats and competing historical narratives. In the climate of ‘memory wars’ in Eastern Europe, these laws are increasingly employed for the politics of memory and are likely to be misused for expedient political gains while running afoul of international human rights law, including freedom of expression and other norms embodied in the European Convention on Human Rights. The article concludes that drafting these types of laws narrowly and derogating from freedom of expression obligations in times of emergency might help to ensure their compliance with international law.
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Nowicki, Marek Antoni. "NGOs before the European Commission and the Court of Human Rights." Netherlands Quarterly of Human Rights 14, no. 3 (September 1996): 289–302. http://dx.doi.org/10.1177/092405199601400304.
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Non-governmental organisations play an important part and are indispensable for the effective functioning of the international human rights protection machinery. This article is an overview of the role of NGOs in the procedure under the European Convention on Human Rights. They appear before the Convention institutions in various different capacities. Some of them claim to be victims of human rights violations. Many NGOs, especially human rights organisations, strive to provide assistance to individual applicants. Ratification of the European Convention on Human Rights by countries of Central and Eastern Europe is a great challenge for non-governmental organisations from this region. At the time they play a quite important role in disseminating knowledge on the Convention to the general public. Protocol No. 11 creating soon a new single European Court of Human Rights will open new perspectives also for NGOs.
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Yang, Joonseok. "Korean Perceptions of Czechoslovakia’s Charta 77: Focusing on Korean Media Reports." East and West Studies 34, no. 3 (August 31, 2022): 71–102. http://dx.doi.org/10.29274/ews.2022.34.3.71.
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This study analyzes the development process of Czechoslovakia’s Charta 77 and Korean perceptions of the Czechoslovak liberalization movement in 1977 based on media materials. Charta 77, published on January 1977, was a Czechoslovak dissident movement that emphasized non-political purposes and human rights motives. The media of the Republic of Korea(ROK) quickly and concretely reported on the suppression of the human rights of those involved in Charta 77 by the Czechoslovak government, with particular attention to the reactions of countries around the world to human rights issues in Eastern Europe. The People’s Republic of China supported Charta 77 and called it a “new Prague Spring.” The United States also broke with the principle of nonintervention in human rights issues in Eastern Europe and strongly criticized violations of human rights and freedoms there. The media of the ROK continued to report on the trend toward liberalization from Charta 77 until the Velvet Revolution in 1989. In particular, in analyzing the causes of Charta 77, ROK media cited Czech intellectuals’ longing for democracy and internal conflicts within the communist forces that resisted the dictatorship of the proletariat. While multi-layered reports on Charter 77 in the ROK progressed quickly, the Democratic People’s Republic of Korea(DPRK) reported in detail on the 1968 Prague Spring, but there were no reports in DPRK on Charta 77 during the worsening economic crisis of the late 1970s.
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Christiaens, Kim. "European Reconfigurations of Transnational Activism: Solidarity and Human Rights Campaigns on Behalf of Chile during the 1970s and 1980s." International Review of Social History 63, no. 3 (August 16, 2018): 413–48. http://dx.doi.org/10.1017/s0020859018000330.
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AbstractThe overthrow of the democratically elected socialist president Salvador Allende in Chile and the human rights violations under the military junta of Augusto Pinochet spawned one of the most iconic and sustained human rights campaigns of the Cold War. Human rights scholars have argued that this movement on behalf of Chile signalled the “breakthrough” of human rights as the lingua franca of transnational activism. They have emphasized the global dimensions of these campaigns, which inspired movements mobilizing on behalf of other issues in the Third World. However, such narratives have not been corroborated by research on the campaigns as developed in Europe. Historians have so far focused on the impact of the Chilean crisis in specific countries or on particular organizations, and on the ways in which human rights activism was coloured by local and national contexts. This article aims to shift the scope of the debate by establishing relations with and crossovers from other transnational causes and campaigns, analysing the ways in which campaigns on behalf of Chile became intimately related to campaigns on intra-European issues during the 1970s and 1980s. It explores the so far little-studied connections between campaigns over Chile and simultaneously burgeoning movements on behalf of East–West détente, resistance against authoritarian regimes in Southern Europe, and the plight of dissidents in Eastern Europe. It argues that campaigns on behalf of Chile were reconfigured around European themes, created bonds of solidarity within a divided Europe, and drew on analogies rather than a juxtaposition between Europe and the Third World.
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Phillips, Alan. "The Fall of the Iron Curtain and Its Significance for the Establishment of Minority Rights Regimes in Eastern Europe." European Yearbook of Minority Issues Online 13, no. 1 (May 22, 2016): 1–30. http://dx.doi.org/10.1163/22116117_01301002.
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This article examines the development of minority rights regimes in Europe following the collapse of communism in Eastern Europe. It shows how the foundations for democracy were reinforced by the Helsinki Final Act in 1975 and the opportunities it created for dialogue. The major concerns of many states to prevent irredentism and violent inter-ethnic conflicts provided the opportunity to adopt international standards on the protection and promotion of minority rights. Civil society, including members of minorities, were in the vanguard, as they promoted democratic change in 1989 and played a leading role in influencing minority rights standards and their implementation. The Conclusions of the 1990 csce Copenhagen Human Dimension influenced the undm, formed the backbone of the fcnm, and became an invaluable set of standards used by the hcnm for conflict prevention. Twenty-five years later, it is evident the fall of the Iron Curtain was highly significant for minority rights regimes throughout Europe.
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Guglielmi, Marco. "The Romanian Orthodox Church, the European Union and the Contention on Human Rights." Religions 12, no. 1 (January 8, 2021): 39. http://dx.doi.org/10.3390/rel12010039.
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Since the 1990s, there has been conflictual interactions between Orthodox Christian churches and human rights in South Eastern Europe, especially during the process of European integration. In this work, I shall concentrate on the case of the Romanian Orthodox Church and explore its current position towards human rights that has developed within the context of EU membership. Focusing on the influence that European integration has had on the Romanian Orthodox Church, I hypothesise a re-orientation of the latter from a position of closure and a general rejection of human rights in the direction of their partial acceptance, with this being related to its attempt to develop a European identity.
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Guglielmi, Marco. "The Romanian Orthodox Church, the European Union and the Contention on Human Rights." Religions 12, no. 1 (January 8, 2021): 39. http://dx.doi.org/10.3390/rel12010039.
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Since the 1990s, there has been conflictual interactions between Orthodox Christian churches and human rights in South Eastern Europe, especially during the process of European integration. In this work, I shall concentrate on the case of the Romanian Orthodox Church and explore its current position towards human rights that has developed within the context of EU membership. Focusing on the influence that European integration has had on the Romanian Orthodox Church, I hypothesise a re-orientation of the latter from a position of closure and a general rejection of human rights in the direction of their partial acceptance, with this being related to its attempt to develop a European identity.
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Anderson, Christopher J., Aida Paskeviciute, Maria Elena Sandovici, and Yuliya V. Tverdova. "In the Eye of the Beholder?" Comparative Political Studies 38, no. 7 (September 2005): 771–98. http://dx.doi.org/10.1177/0010414004274399.
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Using cross-national survey data and information on government practices concerning human rights collected in 17 post-Communist states in Central and Eastern Europe, the authors examine the determinants of people’s attitudes about their country’s human rights situation. They find that not all people in countries that systematically violate human rights develop more negative opinions about their country’s human rights situation. However, results show high levels of disregard for human rights strongly affect evaluations of human rights practices among individuals with higher levels of education. Thus better educated respondents were significantly more likely to say there was respect for human rights in their country if they lived in a country with fewer violations of the integrity of the person or that protected political and civil rights; conversely, they were less likely to say so if they lived in a more repressive country or a country where political and civil rights were frequently violated.
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Donskis, Leonidas. "War and Peace in Eastern Europe: The Ukrainian Lessons." Romanian Journal for Baltic and Nordic Studies 6, no. 2 (December 15, 2014): 7–26. http://dx.doi.org/10.53604/rjbns.v16i2_2.
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The issue of war and peace in Eastern Europe is discussed in this interpretive essay on the grounds of war between Russia and Ukraine in Eastern Ukraine. Focus is on what happened to the worlds of geopolitics, EU core values, European liberal consensus on human rights and civil liberties, and present Russia with its increasing rejection of the aforementioned liberal attitudes and democratic values. Made up by a series of insights into the clashes of Russian and EU politics, this essay offers a philosophical perspective on why and how ongoing low intensity conflicts waged and orchestrated by Russia in Ukraine and in Eastern Partnership countries substantially changed the character of war and peace over the past years. The question raised here is as to what kind of political implications we can expect from this process. The trajectories of moral and political consciousness in present Russia and the EU are examined and compared with the help of an overview of some recent political and cultural events.
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Gearty, C. A. "The European Court of Human Rights and the Protection of Civil Liberties: an Overview." Cambridge Law Journal 52, no. 1 (March 1993): 89–127. http://dx.doi.org/10.1017/s0008197300017256.
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It is doubtful whether there is a more famous court in Europe than the European Court of Human Rights. The town in which it is located, Strasbourg, has become a rallying cry for disappointed litigants from Iceland to Istanbul. Through its application of the European Convention on Human Rights, the Court is seen to have played an important role in the protection of individual freedom in western Europe, and its case-law has ballooned dramatically in recent years. So successful has it been that the Court's jurisdiction is coveted by the newly emerging democracies in eastern and central Europe as a badge of legitimacy and a bulwark against future tyranny. Hungary, Czechoslovakia, Poland and Bulgaria already have judges on the Court and representatives from Estonia, Latvia and Lithuania are expected in the not too distant future. There is even talk of Russian membership. Moves are afoot to rationalise the Court's procedures, and to incorporate its law within the European Community.1 Some- time in the next few years it will have a fine new building, designed by Sir Richard Rogers. All the signs are that its jurisprudence will continue to grow at a hectic pace. It is not improbable that the Court will emerge over time as a supreme court of Europe, at least so far as human rights are concerned.
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Gruodytė, Edita, and Silvija Gervienė. "Access to Archives in Post-Communist Countries: The Victim’s Perspective." Baltic Journal of European Studies 5, no. 2 (October 1, 2015): 147–70. http://dx.doi.org/10.1515/bjes-2015-0018.
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AbstractThe collapse of the communist regime at the end of the twentieth century resulted in a wave of democratization in Central and Eastern Europe. While trying to establish democracy, many states in this region had to demonstrate their ability to protect human rights and to deal with the past of the repressive regime. As these states decided to join various human rights instruments they also became subject to certain obligations towards their people. One of these obligations is the requirement to provide remedies in case of human rights abuses, and the right to know the truth is recognized as part of it. Therefore the goal of this article is to identify the abilities of the victim of the communist regime to access the files of former secret services in post-communist countries in the light of the right to know the truth. The answer is provided using an analysis of international documents, historic, comparative and systemic methods, providing and evaluating the practice of different states dealing with the files of former secret services or government files of the repressive past and academic literature.
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Macková, Zuzana. "Wither the social security and the welfare state in the 21st century - A relic or necessity?" Bratislava Law Review 2, no. 2 (December 31, 2018): 163–70. http://dx.doi.org/10.46282/blr.2018.2.2.114.
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Article provides for an overview of core terms, definitions and recent developments in the area of social rights and social security in context of Central and Eastern Europe, with focus on Slovakia. It advocates for protection of social standards through the universalist, social-democratic model of welfare state, in order to uphold and enhance democracy and human rights in the region, with a view of their genuine, daily realisation and enjoyment by everyone and all.