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1
Verelst, S. « LIFE IMPRISONMENT AND HUMAN RIGHTS IN BELGIUM ». Human Rights Law Review 3, no 2 (1 janvier 2003) : 279–90. http://dx.doi.org/10.1093/hrlr/3.2.279.
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Lavrysen, Laurens. « ‘Strasbourg was something new, it was an adventure’ ». Tijdschrift voor rechtsgeschiedenis 86, no 3-4 (5 décembre 2018) : 482–547. http://dx.doi.org/10.1163/15718190-08634p07.
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SummaryIn recent years, a burgeoning literature has focused on the history of human rights in general and the history of the European Convention on Human Rights (ECHR) in particular. In order to understand how the ECHR gradually managed to gain authority in diverse national settings, it is necessary to complement transnational historical perspectives with studies of national reception histories. The present article approaches the history of the ECHR in Belgium by focusing on the history of the Belgian cases in Strasbourg, which have played an important role in contributing to the ‘discovery’ of the ECHR in the Belgian legal system. On the basis of interviews with actors involved in the early cases against Belgium, it was possible to determine their position in the Belgian legal landscape as well as their motivations and aspirations in going to Strasbourg. Moreover, these interviews allowed gaining insight into the circumstances out of which litigation against Belgium arose.
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Pagotto, Tania. « The “living together” argument in the European Court of Human Rights case-law ». Studia z Prawa Wyznaniowego 20 (23 décembre 2017) : 9–34. http://dx.doi.org/10.31743/spw.257.
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This article analyses the three cases where the argument of “living together” was engaged by the ECtHR and accepted as a legal justification for the prohibition of the full-face veils (burqa and niqab): SAS v. France (2014), Belcacemi and Oussar v. Belgium (2017), and Dakir v. Belgium (2017). It analyses the proposed concept of “living together” itself, explaining its content and its development in the French and Belgian contexts. The paper argues that there is a lack of a robust legal analysis sufficient to legitimize this new argument. Finally, it makes the case for more fact-oriented decisions and the need for the Court to engage in evaluating all the knowledge it obtains, including empirical material brought by the third parties’ interventions. This could be beneficial for two reasons: facilitating the application of the proportionality test and protecting the Court itself from dangerous challenges to its authority.
4
Reyntjens, Louise. « Citizenship Deprivation under the European Convention-System : A Case Study of Belgium ». Statelessness & ; Citizenship Review 1, no 2 (17 décembre 2019) : 263–82. http://dx.doi.org/10.35715/scr1002.114.
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In response to Islamic-inspired terrorism and the growing trend of foreign fighters, European governments are increasingly relying on citizenship deprivation as a security tool. This paper will focus on the question of how the fundamental rights of individuals deprived of their citizenship are affected and which protection is offered for them by the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘ECHR’). In many countries, these new and broader deprivation powers were left unaccompanied by stronger (procedural) safeguards that protect the human rights they might affect. Unlike the Universal Declaration of Human Rights or the International Covenant on Civil and Political Rights, the ECHR does not provide for an explicit right to citizenship. The question therefore rises what protection, if any, is offered by the ECHRsystem against citizenship deprivation and for the right to citizenship. Through a case study of the Belgian measure of citizenship deprivation, the (implicit) protection provided by the Convention-system is demonstrated.
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Ouald Chaib, Saïla, Saïla Ouald Chaib et Eva Brems. « Doing Minority Justice Through Procedural Fairness : Face Veil Bans in Europe ». Journal of Muslims in Europe 2, no 1 (2013) : 1–26. http://dx.doi.org/10.1163/22117954-12341248.
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Abstract The French and Belgian bans on face veils in public places have been subjected to strong substantive human rights critiques. This article takes a complementary approach, examining the bans from the perspective of procedural fairness. Indeed, the French and Belgian bans are extreme examples of legislative processes taking place above the heads of the people concerned, neglecting the ban’s possible human rights impact. After exploring what the social psychology notion of procedural fairness entails for the judiciary and the legislator, especially in a multicultural context, this article details procedural fairness shortcomings with respect to the face veil ban in France and Belgium. Subsequently, the article sets out how the European Court of Human Rights might compensate for these shortcomings.
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McKenney, Jessica. « Informed Consent and Euthanasia : An International Human Rights Perspective ». International and Comparative Law Review 18, no 2 (1 décembre 2018) : 118–33. http://dx.doi.org/10.2478/iclr-2018-0041.
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Abstract This Paper addresses the right to informed consent regarding euthanasia using international conventions and, to a lesser extent, national laws and policies. Specifically, The United States, Belgium and the Netherlands will be examined. The Paper specifically discusses legal capacity, the right to consent and the right to information. Three stories are used to argue the importance of implementing effective safeguards for these rights and notes that these safeguards are necessary regardless of whether or not euthanasia is legalized in a state. This Paper also argues that patients should not be offered euthanasia for mental illnesses. The ethical debate surrounding whether euthanasia should be permitted generally is not discussed.
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Verdussen, Marc, et Donatienne de Bruyn. « Protecting Human Rights and the Role of Administration in Belgium ». International Review of Administrative Sciences 65, no 3 (septembre 1999) : 422–40. http://dx.doi.org/10.1177/0020852399653010.
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H. Avdić, Faruk. « THE EROSION OF THE SALDUZ DOCTRINE IN THE CASES OF IBRAHIM AND OTHERS V. THE UNITED KINGDOM AND BEUZE V. BELGIUM ». Journal of Criminology and Criminal Law 59, no 3 (29 décembre 2021) : 95–122. http://dx.doi.org/10.47152/rkkp.59.3.5.
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The so-called Salduz doctrine that concerns the right to a fair trial and the right to the defense attorney emerged from the case of Salduz v. Turkey, decided on the part of the European Court of Human Rights where the Grand Chamber found the violation of Article 6, paragraph 3(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms. In this connection, the aim of this paper is twofold. In the first place, the paper aims to demonstrate how the European Court of Human Rights has overturned the two main tenents of the so-called Salduz doctrine derived from its landmark case of Salduz v. Turkey in its later Judgments delivered in the case of Ibrahim and Others v. the United Kingdom and the case of Beuze v. Belgium. The two tenets derived from the Salduz doctrine being examined in the paper are the right to access to the defense attorney as a rule during pre-trial proceedings and the absolute exclusionary rule. In the second place, the paper aims to offer a critique of the standard of compelling reasons employed in the Ibrahim Judgment. In order to achieve its aim, this paper primarily analyses the jurisprudence of the European Human Court of Human Rights in the cases of Salduz v. Turkey, Ibrahim and Others v. the United Kingdom, and Beuze v. Belgium. Besides, the paper also touches upon other judgments of the European Court of Human Rights related to its subject. The paper in question, therefore, primarily relies on the case-law method in achieving its aims. The paper concludes that in overturning the Salduz doctrine in relation to aspects examined in the paper, the European Court of Human Rights has exacerbated the legal standing of the person against whom criminal proceedings are being conducted.
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Bossuyt, Marc, et Willem Verrijdt. « The Full Effect of EU Law and of Constitutional Review in Belgium and France after the Melki Judgment ». European Constitutional Law Review 7, no 3 (octobre 2011) : 355–91. http://dx.doi.org/10.1017/s1574019611300028.
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Coincidence of human rights review by national and European courts – Courts questioning and delimiting each other's jurisdiction – Evolution of judicial review of legislation in Belgium and France – Rules giving priority to national human rights review over European human rights review – Melki judgment Court of Justice – Conformity with Union law – Balance between effectiveness of EU review and effectiveness of constitutional review – Effectiveness of human rights – Obligatory a priori human rights review of secondary Union law
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Djukanovic, Andjela. « Protection of human rights of asylum seekers and illegal migrants : Practice of European court of human rights ». Medjunarodni problemi 65, no 4 (2013) : 479–508. http://dx.doi.org/10.2298/medjp1304479d.
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The European Court of Human Rights plays an important role in protecting the rights of asylum seekers and illegal migrants through a set of different human rights. Requests for interim measures under Rule 39 of the Rules of Court have also great importance. In cases involving illegal migrants and asylum-seekers, the Court was often in a difficult position, given the contradictions that could arise from the protection of human rights and the legitimate aim of the Contracting States to control the entry, residence and expulsion of aliens. The recent Courts judgments in the case of M. S. S. against Belgium and in the case of Jama Hirsi and others v. Italy are particularly important because of their remarkable influence on the perception of the common asylum system in the EU.
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Dewulf, Steven. « Human Rights in the Criminal Code ? A Critique of the Curious Implementation of the EU and Council of Europe Instruments on Combating and Preventing Terrorism in Belgian Criminal Legislation ». European Journal of Crime, Criminal Law and Criminal Justice 22, no 1 (2014) : 33–57. http://dx.doi.org/10.1163/15718174-22012038.
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Different international instruments on the prevention and suppression of terrorism from the European Union and the Council of Europe task States with adopting new terrorist offences. At the same time, several provisions in these international instruments remind States of their obligation to fully adhere to their human rights obligations when implementing, interpreting and applying these new offences. Following these provisions, Belgium decided to insert a rather curious human rights clause in its Criminal Code. This article will critically examine this peculiar clause and the decision(s) made by the Belgian legislator. The key question is whether or not States should indeed also implement such human rights provisions in their criminal legislation, and if so, in what way they should best proceed. It will be argued that inserting such a specific human rights clause for one particular offence in a domestic criminal code might not only be superfluous, but could even have unforeseen, unwanted and hazardous effects.
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Opgenhaffen, Tim, et Johan Put. « Searching and Seizing Evidence at Lawyers’ and Doctors’ Premises : Belgium, France and The Netherlands Put to the European Court of Human Rights Test ». European Journal of Crime, Criminal Law and Criminal Justice 23, no 4 (17 novembre 2015) : 359–82. http://dx.doi.org/10.1163/15718174-23032078.
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Search and seizure procedures at lawyers’ and doctors’ premises put pressure on professional secrecy. In order to protect secrecy Belgium, France and The Netherlands introduced procedural guarantees based on the interplay of the examining magistrate, the representative of the professional association and the lawyer or doctor. Although the actors are similar, the level of protection differs. Under the terms of the European Convention on Human Rights a minimal level of protection is nevertheless vital. This contribution compares the interplay between the actors in Belgium, France and The Netherlands and evaluates whether all three countries meet the minimal level of protection required by the European Court of Human Rights. It subsequently concludes that an evaluation based on human rights is blind at one eye: although the rights protected by professional secrecy are decently preserved, professional secrecy itself is not.
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Andreetta, Sophie. « Granting ‘Human Dignity’ ». Cambridge Journal of Anthropology 40, no 2 (1 septembre 2022) : 36–53. http://dx.doi.org/10.3167/cja.2022.400204.
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Building on ethnographic fieldwork in Belgian welfare bureaucracies, this article explores the place of emotions in the administrative treatment of cases—particularly those involving migrants, whose welfare rights are increasingly limited. Welfare offices are responsible for granting social assistance—in the form of medical treatment, material help, or financial benefits—in order to guarantee that those residing in Belgium live in dignified conditions. This article delves into civil servants’ emotional engagement, discourses, and relationship to ‘the state’ and into the way they decide on specific cases based on feelings, administrative guidelines, and instructions from above. It challenges the assumption that street-level bureaucrats’ discretion and daily practices often effectively restrict citizens’ access to public services and shows instead how emotions, professional ethics and values contribute to assessing deservingness, and to the way civil servants ‘do the state’ on a daily basis.
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De Brabandere, Eric. « Belgian Courts and the Immunity of International Organizations ». International Organizations Law Review 10, no 2 (20 juin 2014) : 464–504. http://dx.doi.org/10.1163/15723747-01002013.
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The functional underpinning of institutional immunity remains crucial today in order to guarantee the independent fulfilment by the organization of its mandate. Despite this relatively firmly established principle, domestic courts and tribunals have shown in recent cases that they are very critical of the idea of the absolute character of international organization immunity, not the least in relation to the right of access to court, guaranteed inter alia by Article 6 of the European Convention on Human Rights. Belgium is host to between 50 and 100 international organizations or liaison offices of international organizations, most of which are located in Brussels. For that reason, the number of potential disputes involving an international organization in Belgium is important. This paper gives an overview of the official Belgian policy in respect of international organization immunity, and analyses relevant Belgian case-law that considers the rationale behind the grant of privileges and immunities to international organizations. It then considers the source of an international organization’s immunity, the scope of that immunity, and the obligation to provide for alternative means of dispute settlement and the individual’s right of access to court.
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V. V., Novitskyi. « Political and legal mechanisms for the protection of human rights through the lens of the European Union countries ». Almanac of law : The role of legal doctrine in ensuring of human rights 11, no 11 (août 2020) : 180–85. http://dx.doi.org/10.33663/2524-017x-2020-11-32.
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The author of the article, first of all, draws attention to the current problems of protection and protection of human rights, which unfortunately are traced within the territorial jurisdiction of the European Union. Such problem is quite well demonstrated by Berbel Koffler, as the Commissioner of the Government of the Federal Republic of Germany on human rights and humanitarian aid policy. Indeed, the Ombudsman of Germany has raised a number of deep dilemmas: violence against human rights defenders on the grounds of their professional activity, the relation of human rights institutions with public security and economic development. In fact, these questions, in varying percentages, are equally relevant to many countries in the world. In the outlined context, the case of the European Court of Human Rights “Gabriel Weber and Caesar Richard Saravia v. Germany” of 29.06.06 was analyzed. Actually, this case covers directly the issues of human rights and national security of Germany. Grounds for initiating this case have arisen in connection with the legislative provisions of the Law of Germany on the Restriction of the Secret of Correspondence, Mail and Telecommunications of 13.08.68., ("Law G-10"), taking into account changes made under the Anti-Crime Act of 28.10.94, which extend the powers of the Federal Intelligence Service, within the so-called strategic monitoring. It is about collecting information by listening to telephone conversations in order to identify and prevent serious threats to the Federal Republic of Germany, such as: armed attacks on its territory, international terrorist attacks, other serious crimes. According to the applicants who worked as journalists, strategic monitoring can be used against individuals to prevent effective journalistic investigations. In view of these suspicions, the applicants argued that they had violated the human rights guaranteed by the Convention, such as the right to privacy and correspondence, the violation of press freedom, and the right to an effective remedy. The ECHR Judges, having examined the circumstances of the case, concluded that there were no grounds to satisfy the complaints on the basis of the following arguments: 2) German legislation, as part of strategic monitoring, is endowed with adequate and effective safeguards against abuse by authorized entities. In addition, the article analyzes the multi-vector issue of banning citizens of some European Union countries from wearing hats that completely or partially hide their faces. The fact is that, under such restrictions, in particular, the traditional clothing of women adherents of Islam has fallen. It is a “burqa” and a “niqab”. The presented study is mainly based on the legislative practice of France, Belgium, which provides for administrative as well as criminal penalties for non-compliance with the stated prohibition. In such cases as S.А.С. France, Belkacemi and Oussar v. Belgium, Dakir v. Belgium, the applicants, alleged that they had violated the human rights guaranteed by the Convention, including: the right to respect for their private life; the right to freedom of expression of one's religion or belief; the right to freedom of expression; the right to freedom of association; humiliating treatment and discrimination against the enjoyment of the abovementioned human rights. According to most ECHR judges, who have dealt with the said cases, the disputed prohibition is not necessary in a "democratic society for public safety" but its main task is to preserve the conditions of "cohabitation" as an element of "protection of the rights and freedoms of others." In the context of this debate, attention was paid indirectly to such EU Member States as: Austria, Bulgaria, Croatia, Germany, Latvia, the Netherlands, Italy, Spain, Denmark, Switzerland. Keywords: human rights, legal guarantees, security, privacy.
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Mallia, Patricia. « The European Court of Human Rights : M.S.S. v. Belgium & ; Greece ». International Legal Materials 50, no 3 (juin 2011) : 364–439. http://dx.doi.org/10.5305/intelegamate.50.3.0364.
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Caboor, Pieter Dirck G. « The echr Grand Chamber Judgment in the case of Mugemangango v. Belgium ». International Journal of Parliamentary Studies 1, no 1 (26 avril 2021) : 147–53. http://dx.doi.org/10.1163/26668912-bja10002.
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Abstract The reviewed Judgment concerns a post-election dispute relating to the Walloon Parliament elections held on 25 May 2014. The European Court of Human Rights sitting as a Grand Chamber held unanimously on 10 July 2020 that the Kingdom of Belgium had violated the right to free elections and the right to an effective remedy at the occasion of the 2014 elections for the Walloon Regional Parliament.
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Žuber, Bruna, et Špela Lovšin. « Judicial dialogue in the light of Protocol no. 16 to the European convention on human rights ». Zbornik Pravnog fakulteta Sveučilišta u Rijeci 40, no 2 (2019) : 899–925. http://dx.doi.org/10.30925/zpfsr.40.2.10.
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The authors discuss legal nature of the Protocol No. 16 to the European Convention on Human Rights (ECHR) which entered into force on 1 August 2018. With the aim of improving the judicial dialogue between European Court of Human Rights (ECtHR) and highest national courts, the Protocol No. 16 introduced the advisory opinion procedure at the ECtHR level. A detailed analysis of the impact of advisory opinion procedure on the judicial dialogue is included and is further supported by the reviews of cases at the ECtHR against Slovenia, Belgium and Italy, which illustrate how a possibility to request an advisory opinion could have prevented finding of a human right’s violation on the Strasbourg level and raised the effectiveness of human rights standards. The authors believe the Protocol No. 16 has brought a lot of potential for improvement of the judicial dialogue, which could lead to better understanding of ECHR standards, as interpreted by the ECtHR, and therefore prevent human rights violations already on a national level.
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Frémont, Jacques. « Legal Pluralism, Customary Law and Human Rights in Francophone African Countries ». Victoria University of Wellington Law Review 40, no 1 (1 juin 2009) : 149. http://dx.doi.org/10.26686/vuwlr.v40i1.5383.
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This article provides a perspective on human rights in sub-Saharan Africa, with an emphasis on states colonised and influenced by the continental cultures of France and Belgium. The author examines what the Pacific can gain from the Francophone countries' understanding of human rights, with insights into the interface of cultures in post-colonial statehood. The article is one of four background papers which provide paradigms and challenges for a possible Pacific charter.
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Boddez, Laura, et Herman Nys. « Does the Regulation of Medical Scientific Research in Belgium Adequately Protect Privacy Rights after Death ? » European Journal of Comparative Law and Governance 1, no 2 (12 mai 2014) : 91–105. http://dx.doi.org/10.1163/22134514-00102001.
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Health-related data and human bodily material continue to exist and can also be obtained after death. They are of great value for medical scientific research. However, a fair balance has to be struck by the legislator between protecting the privacy of the data subject/donor and taking into account the specific needs of scientific research. After all, the death of a person should not entail that this conflict of interest ceases to exist and that only the interests of scientific research are taken into account. Therefore, this article analyses whether the Belgian legislator was able to strike this fair balance and thus whether a proper regulatory framework for post-mortem medical scientific research exists in Belgium.
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Paul, Kaushik. « Lachiri v Belgium and Bans on Wearing Islamic Dress in the Courtroom : An Emerging Trend ». Ecclesiastical Law Journal 21, no 1 (janvier 2019) : 48–53. http://dx.doi.org/10.1017/s0956618x18000947.
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In recent years, the wearing of Islamic dress in public spaces and elsewhere has generated widespread controversy all over Europe. The wearing of the hijab and other Islamic veils has been the subject of adjudication before the European Court of Human Rights (ECtHR) on many occasions. The most recent case before the ECtHR as to the prohibition on wearing the hijab is Lachiri v Belgium. In this case, the ECtHR held that a prohibition on wearing the hijab in the courtroom constitutes an infringement of Article 9 of the European Convention on Human Rights (ECHR), which guarantees the right to freedom of religion or belief. From the perspective of religious freedom, the ruling of the Strasbourg Court in Lachiri is very significant for many reasons. The purpose of this comment is critically to analyse the ECtHR's decision in Lachiri from the standpoint of religious liberty.
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Мочалов, Артур Николаевич. « ON THE ESTABLISHMENT OF THE POSITION OF OMBUDSMAN FOR THE PROTECTION OF HUMAN RIGHTS WHEN USING INFORMATION TECHNOLOGIES IN RUSSIA ». Rule-of-law state : theory and practice 18, no 2(68) (4 juillet 2022) : 27–39. http://dx.doi.org/10.33184/pravgos-2022.2.3.
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The article argues for the need to introduce the position of specialized ombudsman in the Russian Federation, whose competence will include the protection of human rights in the digital space, including the Internet. Purpose: to formulate and substantiate proposals for the establishment of the position of ombudsman for the protection of human rights in the field of information and telecommunication technologies. Methods: the research is based on the comparative legal method. The author analyzes the experience of foreign countries – Australia, Canada, Belgium, New Zealand, where independent state institutions operate to protect the rights of individuals when using information technologies, including the right to information and the right to privacy. The method of interpretation of legal norms and provisions of strategic documents of the Russian Federation is also applied. Results: analyzing Russian practice, the author concludes that federal executive authorities, in particular Roskomnadzor (Federal Service for Supervision of Communications, Information Technology and Mass Media), whose functions include the protection of the rights of subjects of personal data, cannot be considered as analogous human rights institutions. They are not independent and, therefore, cannot take sufficient action if other government agencies act as violators. For this reason, it is concluded that it is advisable to establish a specialized ombudsman.
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Moreno-Lax, Violeta. « Dismantling the Dublin System : M.S.S. v. Belgium and Greece ». European Journal of Migration and Law 14, no 1 (2012) : 1–31. http://dx.doi.org/10.1163/157181612x627652.
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Abstract The Dublin Regulation establishes criteria and mechanisms for determining the Member State responsible for examining an application for asylum lodged in the European Union by a third-country national. The system is based on the presumption that Member States may be considered ‘safe countries’ for asylum seekers, for which reason transfers from one Member State to another are supposed not to violate the principle of non-refoulement. The fact that all Member States have acceded to the 1951 Refugee Convention and to the European Convention on Human Rights, that they share a pledge to establish a Common European Asylum System comprising harmonized protection standards, and that, as members of the Union, are obliged to respect and protect fundamental rights, constitute the unspoken premises on which the supposition rests. However, the Dublin Regulation does not establish whether the presumption should be considered absolute or rebuttable, and how and when, in the latter situation, it should be deemed refuted in the individual case. How the ‘principle of refutability’ has come into being in the case law of the European Court of Human Rights constitutes the focus of the present analysis. The review of the Strasbourg jurisprudence is accompanied by an assessment of the diverging practices that have proliferated across the EU in this regard. The paper concludes with some reflections on the impact of the M.S.S. judgement on the forthcoming reform of the Dublin system.
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Stassen, Wouter, Petra Habets, Astrid Mertens, Jan De laender et Inge Jeandarme. « The InReach project : from penitentiary to forensic hospital ». Therapeutic Communities : The International Journal of Therapeutic Communities 35, no 3 (2 septembre 2014) : 119–26. http://dx.doi.org/10.1108/tc-01-2014-0002.
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Purpose – In Belgium approximately a quarter of forensic psychiatric patients reside within penitentiaries instead of treatment facilities. This situation has yielded the Belgian government several convictions from the Human Rights Court in Strasbourg. In an attempt to facilitate admissions from penitentiary to psychiatric hospital, the Forensic Department of the psychiatric hospital in Rekem (OPZC Rekem), has piloted the InReach project. The paper aims to discuss these issues. Design/methodology/approach – The objective of this project is to engage a psychiatric nurse on the ward in pretherapeutic and motivational activities on a regular basis in the penitentiary for vulnerable groups of forensic psychiatric patients, forming a bridge between penitentiary and hospital. The InReach project even considers patients who have no desire to leave the penitentiary (e.g. due to their psychiatric profile). A motivational approach is used to support these patients in making the transition from penitentiary to hospital. Findings – The current article describes the focus of the InReach project (procedures and InReach candidate profiles) together with the first impressions of the progress that has been made by the InReach project. In addition two case studies of InReach patients are presented. The InReach project is clearly needed in Belgium and because of its success it has been extended to another penitentiary. It is probable the two other medium-security wards will also be included in the project in the near future. Originality/value – The Belgian government has received several convictions from the Human Rights Court in Strasbourg because a substantial number of forensic psychiatric patients reside within penitentiaries instead of treatment facilities. The InReach project presented in this paper is clearly needed in Belgium and was implemented to initiate and facilitate the transition from penitentiaries to treatment facilities. The need for this type of project is reflected in the number of forensic psychiatric patients that reside within a penitentiary and that are not able or willing to make the transition to a treatment facility because of their psychiatric profile.
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Brems, Eva, Saïla Ouald Chaib et Katrijn Vanhees. « “Burkini” bans in Belgian municipal swimming pools : Banning as a default option ». Netherlands Quarterly of Human Rights 36, no 4 (5 octobre 2018) : 270–89. http://dx.doi.org/10.1177/0924051918801613.
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Muslim women’s religious dress is a matter that exercises many minds and the recent public debate on the so-called “burkini” (preferably phrased as “body covering swimwear”) is the umpteenth variation on the theme. Following the French commotion on the presence of “burkini” wearers at the coast in 2016, the “burkini” became the subject of public debate in Belgium. Whereas the “burkini” did not cause much public unrest in the context of the Belgian coast, the majority of local swimming pools in the Flemish region of Belgium do have dress codes banning the “burkini”, even before the (inter)national media outcry. This article discusses the prevalence of these restrictive dress regulations and scrutinizes the rationalisation behind local “burkini” bans in municipal swimming pools. These findings are complemented with the perspectives and experiences of “burkini” wearers, who challenged the “burkini” bans before the court. Finally, this article analyses the “burkini” bans in light of European human rights standards.
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Forsyth, Christopher. « ARTICLE 6(1) OF THE EUROPEAN CONVENTION AND THE CURATIVE POWERS OF JUDICIAL REVIEW ». Cambridge Law Journal 60, no 3 (21 novembre 2001) : 441–92. http://dx.doi.org/10.1017/s0008197301231195.
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The European Convention on Human Rights and Fundamental Freedoms makes no mention of any right to procedural justice in the making of administrative decisions. Any protection for such rights must be found in Article 6(1) which provides that in the determination of their “civil rights and obligations … everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law”. But Article 6(1) was originally intended to apply to the determination of private law rights only and not to public law matters (see Le Compte, Van Leuven and De Meyere v. Belgium (1981) 4 E.H.R.R. 1, 36 (Sir Vincent Evans, dissenting); Konig v. Germany (1978) 2 E.H.R.R. 170 (Matscher J., dissenting)). The article plainly envisages judicial proceedings, and there are obvious difficulties in applying it straightforwardly to administrative proceedings.
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Blommaert, Jan, et Jef Verschueren. « The pragmatics of minority politics in Belgium ». Language in Society 20, no 4 (décembre 1991) : 503–31. http://dx.doi.org/10.1017/s0047404500016705.
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ABSTRACTNewspaper reports, political policy papers, and investigations by social scientists concerning issues related to the presence of a community of migrant workers in Belgium are subjected to a systematic, pragmatic analysis. The analysis reveals an eminently coherent world of beliefs and attitudes with respect to (1) perceptions of the “other,” (2) the self-perception of majority members, (3) formulations of “the problem,” and (4) proposed solutions. This world of beliefs and attitudes is shown to be centered around stable – even if vague – notions of culture, nation and state, democracy and human rights, and around related recipes for “integration” that reveal a collective psyche profoundly troubled by the very idea of diversity in society (linguistic or otherwise). Homogeneity appears to be a strict norm for average members of Belgian society, irrespective of the specific political positions they take. (Minority politics, language and ideology, pragmatics, political rhetoric, news reporting, ethnicity)
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Happold, M. « BANKOVIC V BELGIUM AND THE TERRITORIAL SCOPE OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS ». Human Rights Law Review 3, no 1 (1 janvier 2003) : 77–90. http://dx.doi.org/10.1093/hrlr/3.1.77.
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Eggermont, M. « The Choice of Child Delivery Is a European Human Right ». European Journal of Health Law 19, no 3 (2012) : 257–69. http://dx.doi.org/10.1163/157180912x639125.
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Abstract In a judgment of 14 December 2010, in the case of Madam Ternovszky v. Hungary, the European Court of Human Rights has considered that a State should provide an adequate regulatory scheme concerning the right to choose in matters of child delivery (at home or in a hospital). In the context of homebirth, regarded as a matter of personal choice of the mother, this implies that the mother is entitled to a legal and institutional environment that enables her choice. This contribution stresses in which sense the regulatory schemes in the Member States Belgium, Germany, the Netherlands, France and the UK concerning the choice of child delivery are in accordance with Article 8 ECHR, the right to respect for the private life. Do the Member States provide the legal certainty to a mother that the midwife can legally assist a homebirth? Or are restrictions made in interests of public health?
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Riekkinen, Mariya. « Advancing Economic and Social Rights, Including Education in the Context of European Minorities—2019 ». European Yearbook of Minority Issues Online 18, no 1 (1 juin 2021) : 55–87. http://dx.doi.org/10.1163/22116117_01801004.
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This article reviews international developments which took place in 2019 with a focus on economic and social rights of members of European minorities, including the right to education. The developments are reviewed based on the practice of the UN, CoE, as well as EU organizations and their bodies whose activities relate to human rights issues. This review also covers the documents of the said bodies adopted in 2018 yet having remained non- promulgated until 2019. In a nutshell, probably the most significant developments— in terms not only of the greater number of cases resolved but also of new rules proclaimed— occurred within the European Court of Human Rights (ECtHR). In particular, the ECtHR used the notion of ‘institutional racism’ in connection with police violence against Roma individuals in the case Lingurar v. Romania. The Court also articulated an extremely limited ratione materiae right to obtaining psychiatric treatment in a minority language in Rooman v. Belgium. Advancements include developments at unesco which adopted the first- ever international treaty on higher education and continued efforts in approximating diversity in education by elaborating on multi- language education.
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Mendzhul, Marija V., Andrianna Yu Badyda, Yuliia I. Fetko, Roman M. Fridmanskyy et Viktoriia I. Fridmanska. « Eutanasia : legal regulation in european countries and prospects for legalization in Ukraine ». LAPLAGE EM REVISTA 7, no 3 (26 août 2021) : 479–86. http://dx.doi.org/10.24115/s2446-62202021731334p.479-486.
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The article is devoted to a comparative legal study of the legalization of euthanasia in European countries and Ukraine. The authors have investigated the changes in the ECHR positions in the consideration of cases of euthanasia and assisted suicide. We concluded that the decisions of the European Court of Human Rights include an attempt to guarantee a balance in the right to choose the moment of death and the rights that are protected by 2 and 8 of the Convention on Human Rights and Fundamental Freedoms. The ECHR practice has been found to also influence the legalization of euthanasia in European states. Analysis of the laws of several European states in the context of legalizing the institution of euthanasia allowed us to group them as follows: European states that have legalized euthanasia (Netherlands, Belgium, Luxembourg, Switzerland, and Spain); European states that have legalized only passive euthanasia (Great Britain, Ireland, Latvia, Norway, Slovak Republic, Finland, Sweden, and Hungary); and European states that prohibit any kind of euthanasia (France, Poland, Romania, etc.).
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Jürgenssen, Theresa-Erna. « Protecting Human Rights While Conducting Military Operations Abroad : a Critical Analysis of The European Court of Human Rights’ Recent Judgement in «Hanan v. Germany» ». Anuario Español de Derecho Internacional 38 (10 mai 2022) : 487–523. http://dx.doi.org/10.15581/010.38.487-523.
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On February 16, 2021, the Grand Chamber of the European Court of Human Rights released its judgement in Hanan v. Germany (2021). The case concerned the alleged violation of Articles 2 and 13 of the European Convention of Human Rights by Germany regarding an airstrike ordered by German Colonel Klein in Afghanistan. The case raised several questions the answers of which could be impactful for all Contracting Parties to the Convention conducting military operations abroad. This paper critically explores the past-case law by the Court and the answers given by the Court in Hanan concerning two of these questions. First, the question concerning the extraterritorial applicability of the Convention to airstrikes. This matter had previously been addressed by the Court in the highly criticised case of Banković and Others v. Belgium and Others (2001); since the facts of Hanan show various similarities to Banković, the Court in Hanan had a chance to change its position on this matter and clarify what would be the state’s responsibilities when using military force abroad. Second, the question of attribution, i.e., whether Contracting Parties operating as part of an international organisation can be held responsible for impugned acts under the Convention.
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Белова, Габриэлла, Gabriela Belova, Мария Хаджипетрова-Лачова et Maria Hadzhipetrova-Lachova. « Some decisions of the European Court of Human Rights and the Court of the European Union con cerning the right of asylum ». Comparative Research In Law and Politics 2, no 1 (15 juin 2014) : 68–74. http://dx.doi.org/10.12737/5251.
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The authors analyze certain cases considered in recent years by the European Court of Human Rights and the Court of European Union in Luxembourg and associated with providing of asylum to the third country nationals. In individual EU member states there are huge differences in the procedures and protective mechanisms for asylum seekers in their access to work, as well as in the use of mechanism of forced detention. Due to accession of the EU to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the EU should comply the standards set by the Council of Europe. The authors analyze the new approach of the Strasbourg Court in decision MSS v. Belgium and Greece unlike other "Dublin" cases. They also consider certain new judgements of the Court of European Union in Luxembourg, some of which were accepted in order of urgent prejudicial production.
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Beintema, Bo Minou. « “Girls Just Wanna Have Fun(damental) Human Rights:” How the Women’s Convention and Belgium combat Gender Stereotypes ». Udayana Journal of Law and Culture 4, no 1 (31 janvier 2020) : 1. http://dx.doi.org/10.24843/ujlc.2020.v04.i01.p01.
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To put it simply, the purpose of the Women’s Convention is to end discrimination on the basis of sex. The inclusion of Article 5, paragraph (a), which focuses on fixed gender roles that get in the way of that goal, provides one of the ways in which they aim to do so. State parties cannot hide behind their respective traditions or customs as to why the realisation of International Human Rights ultimately depends on gender. A question that arises is what does this mean for States in terms of concrete obligations. This article aims to provide an answer to that question by exploring Article 5 (a) and the notion of extra-legal measures, in particular. Equally, it will take a closer look at how one of the State parties, namely Belgium, is doing in this regard both in theory as in practice. By conducting literary research it becomes apparent that State parties have to adopt national laws and/or instruments. Furthermore, they have to incorporate extra-legal measures as well. Meaning, they should incorporate measures to influence the mindsets of people regarding gender equality through means such as education, the media and public information projects, for instance. Although Belgium continues to struggle with effective implementation of its laws and policies due to its inherent complex institutional structure. It can still be said that its well on its way to combat gender inequality in light of Article 5 (a). Ultimately, Article 5 (a) brings meaning to every right in the Women’s Convention. Considering, that it is only when gender equality is reached both before the law and in practice that women will be able to enjoy Human Rights.
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Papadopoulos, Ioannis, et Marijke Van Buggenhout. « Giving voice to migrant children during reception and asylum procedures. Illustrations on the implementation of Art. 12 CRC in Greece and Belgium ». Revista Española de Investigación Criminológica 18, no 2 (22 novembre 2020) : 1–23. http://dx.doi.org/10.46381/reic.v18i2.347.
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According to a children’s rights’ approach, asylum-seeking children are entitled to special protection. However, reality dictates that as soon as they enter a host country irregularly, they are often criminalised, thus becoming part of the crimmigration debate and as a result they are further deprived of basic human rights including the right to be heard, as enshrined in the UN Convention on the Rights of the Child. This paper starts from a discussion on the fact that children on the migratory pathway need to be granted a central and active role in research, especially in times when new theoretical concepts in the field of juvenile justice and migration policing are introduced. We continue by delving into both an illustration from Greece and Belgium on how the right of the child to participate and to be heard is applied during reception and asylum procedures. We draw attention to the existing peculiarities of rights-based research methods in immigration studies, whilst arguing for holistic approaches that aim to move beyond the decorative concept of voicing children and towards a positive change concerning asylum processes for migrant minors.
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Naudts, Kris H., Paul Cosyns, Tim McInerny, Kurt Audenaert, Frédérique van den Eynde et Cees Van Heeringen. « Belgium and its internees : a problem for human rights and a stimulus for service change ». Criminal Behaviour and Mental Health 15, no 3 (septembre 2005) : 148–53. http://dx.doi.org/10.1002/cbm.1.
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Farrant, James. « Is the Extra-territorial Application of the Human Rights Act Really Justified ? » International Criminal Law Review 9, no 5 (2009) : 833–54. http://dx.doi.org/10.1163/156753609x12507729201435.
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AbstractThe question of whether the Human Rights Act can apply outside the UK has exercised English appellate courts in a number of recent cases. The European Court of Human Rights in Strasbourg has also dealt with the question of extra-territoriality in respect of the European Convention on Human Rights, most notably in the case of Bankovic v Belgium. This article considers whether, as a matter of strict construction, there can be extra-territorial application of the Act and/or the Convention. It goes on to consider some particular circumstances where extra-territorial application has been found, and attempts to set down some principles governing when the courts ought to apply the Act or Convention outside the territory of a High Contracting Party. The article concludes that the existing jurisprudence both at Strasbourg and in the UK strikes a sensible balance between the Convention's regional character and the need to ensure States Parties are accountable for their conduct abroad. This article applauds the Strasbourg and UK courts' importation of relevant principles of public international law in determining the scope and applicability of the rights protected by the Convention.
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Alen, André, et Kristien Henrard. « The Potential Relevance of Belgian Minority Protection for South Africa ». Res Publica 40, no 1 (31 mars 1998) : 41–58. http://dx.doi.org/10.21825/rp.v40i1.18567.
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This paper focusses on the Belgian constitutional and legal regulations which are clearly and relatively directly linked to minority protection as welt as their relevance for South Africa by way of analogy, taking into account South Africa's specific circumstances.Generally, what seems to be highly relevant for South Africa is the different kind of solutions in Belgium for its three categories of minorities as related to a different degree of territorial concentration. Going from an emphasis on territorial federalism, providing autonomy, for the highly territorial concentrated linguistic groups, over the use of the relative concentrations of the ideological and philosophical groups in certain federated entities, to a combination of individual human rights and group rights without a territorial connection whatsoever for the religious groups which are highly dispersed throughout the country.An analogous differentiation ofseveral types ofminority protection could bedivised in South Africa as the genera! lack of territoria! concentration of thecountry's several population groups bas a different degree for the ethnic/linguistic groups as compared to the religious ones.
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Franken, Leni, et François Levrau. « Godsdienstvrijheid en covid-19 in Belgie en Nederland ». Religie & ; Samenleving 16, no 2 (1 juin 2021) : 176–97. http://dx.doi.org/10.54195/rs.11469.
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Face masks, curfew, quarantine, tele-working and social contact restrictions, these are just a few of the many measures that have been taken by the Belgian and Dutch Governments in order to avoid a further spread of the covid-19 pandemic. One of the most contested measures in both countries was the (absence of a) legal restriction of religious practices: while religious groups in the Netherlands were, in the name of religious freedom, not obliged to follow the restrictions that were imposed on other organizations (e.g. sport clubs, youth movements, cultural organizations), this was different in Belgium, where also religious groups were required to obey the strict corona measures. However, after a court case, this Belgian policy had to be adapted in order to guarantee the freedom of religion. In this article, we argue why this focus on religious freedom is, from the perspective of equality and non-discrimination, problematic. The freedom of religion is deeply anchored in the Belgian and Dutch Constitution, but it is an anachronism that leads to ambiguity and inequality. Even when a constitutional right can be restricted - no right is absolute and some constitutional rights can collide - the Dutch legislator felt that even a pandemic is not a legitimate reason to restrict religious freedom. Rather than treating 'religion' as a separate legal category, we hold a plea for a broader focus, wherein 'human dignity' - and not freedom of religion - is the main issue.
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Brems, Eva. « Addressing Multicultural Conflicts : An emphasis on procedural fairness ». Deusto Journal of Human Rights, no 2 (31 janvier 2018) : 13–47. http://dx.doi.org/10.18543/djhr-2-2017pp13-47.
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This paper examines the procedural fairness dimensions of approaches to multicultural conflicts. The paper explains the findings of procedural fairness research in social psychology and explores its relevance for the field of (human rights) law, and for the setting of multicultural conflicts. It argues that there are strong reasons in favour of seeking to optimize procedural fairness —with its criteria of participation, trustworthiness, neutrality and respect— across all types of procedures that address multicultural conflicts. The paper illustrates these criteria through three reallife cases, concerning multicultural conflicts that occurred in Belgium in recent years. The paper furthermore explores the relationship between the normative implications that may be drawn from empirical procedural fairness research and existing procedural fairness norms in human rights law.Received: 21 June 2017Accepted: 10 October 2017Published online: 31 January 2018
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Roossens, Claude. « Belgique-Zaïre : la crise de la maturité ». Res Publica 32, no 2-3 (30 septembre 1990) : 255–63. http://dx.doi.org/10.21825/rp.v32i2-3.18844.
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From the independence (1960), the relations between Zaïre and Belgium have known many difficulties. The most serious crisis took place from november 1988 to july 1989 (march 1990). A lot of questions were brought up: cooperation, debt, human rights. .. The agreement of Rabat provides for the future.Behind these events, it is possible to find some explanations of the crises : the past (relations colony-colonizing nation), the nature of power (differences between democracy and personal power) and the international surroundings.
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Mujyambere, Jean Pierre. « Elusive Justice for Victims of the Abdoulay Yerodia International Crimes of August 1998 in the Democratic Republic of the Congo ». Groningen Journal of International Law 7, no 2 (28 février 2020) : 164–81. http://dx.doi.org/10.21827/grojil.7.2.164-181.
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In order to access justice, victims of human rights abuses must first find a jurisdiction that is willing to hear their case. In the Abdoulay Yerodia Ndombasi (Yerodia) case in the Democratic Republic of Congo (DRC), victims of Yerodia’s intentional crimes brought their case in Belgium because they were unable to introduce it in domestic courts. Belgium launched an international arrest warrant against Yerodia who, at the time of accusation by Belgium, was Foreign Minister of the DRC. This has led to a dispute between the DRC and Belgium before the International Court of Justice (ICJ). The DRC accused Belgium of violating the diplomatic immunity of its Foreign Minister. However, the international crimes in question were committed before Yerodia became Foreign Minister of the DRC and the ICJ rendered its decision in his case after he had ceased to hold that position. Despite this, the ICJ ruled in favor of Yerodia's diplomatic immunity and consequently this decision has only protected him from criminal liability. This paper examines first the historical background of the discrimination of Yerodia’s victims to support the claim that they cannot access justice in the DRC. It also argues that the ICJ’s decision in this case has only contributed to shielding Yerodia from justice rather than preserving smooth operation of the DRC’s diplomatic activities abroad. Finally, this paper suggests that the ICJ’sdecision in this case has closed the doors to victims in their endeavors to access justice.
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De Coensel, Stéphanie. « Self-Study, Obtaining or Viewing Terrorist Material Over the Internet : A Legitimacy Test of Consumer-Oriented Criminal Law Provisions in Four Western-European Countries ». European Journal of Crime, Criminal Law and Criminal Justice 28, no 4 (16 décembre 2020) : 379–406. http://dx.doi.org/10.1163/15718174-bja10006.
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Abstract The internet is a key source of information, communication and propaganda in the context of terrorism. Policymakers increasingly resort to measures that monitor, control and punish internet-related activity. One type of measures concerns the criminalisation of consumers of certain terrorist material over the internet, ranging from self-study over more specific autonomous provisions. This contribution aims to subject this criminal law approach to a legitimacy test, studying the minimum standards of the European Union, as well as the legal framework of four Western-European countries (i.e. Belgium, the Netherlands, France and the United Kingdom). This critical-legal analysis consists of a remote harm analysis, a human rights assessment and a necessity argument. It is argued that the expansion of the scope of criminal liability to a pre-crime era conflicts with certain premises of criminal law and human rights law.
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Eggermont, Marlies. « Safety of Birth : A Comparative Analysis of the Legal Guarantees in Maternity Care (Belgium — France — The Netherlands) ». European Journal of Health Law 22, no 2 (16 mars 2015) : 113–40. http://dx.doi.org/10.1163/15718093-12341355.
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The birth process is crucial for the child’s later motor and intellectual development. A broad review of medical liability proceedings in Belgium, France and the Netherlands shows that the chances of a safe birth can be maximised if four conditions are met. Well-educated midwives and obstetricians with sound expertise in foetal heart rate monitoring is the first condition. The second is recognition of an obstetric risk or pathology. The third condition is making the appropriate choice of medical intervention: instrumental or caesarean delivery. Adequate use of the instruments is the last condition. Not answering to these ‘standards of safe birth’ can involve the medical liability of the midwife and obstetrician. In accordance with Article 2 of the European Convention on Human Rights, Belgium, the Netherlands and France offer procedural guarantees to the parents of an injured baby to determine the liability.
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Sladič, Jorg. « Professional secrecy and legal professional privilege ». Maastricht Journal of European and Comparative Law 25, no 2 (avril 2018) : 188–207. http://dx.doi.org/10.1177/1023263x18773680.
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Legal privilege and professional secrecy of attorneys relate to the right to a fair trial (Article 6 European Convention on Human Rights (ECHR)) as well as to the right to respect for private and family life (Article 8 ECHR). The reason for protecting the lawyer via fundamental rights is the protection of fundamental rights of the lawyer’s clients. All legal orders apply legal privileges and professional secrecy; however, the contents of such are not identical. Traditionally there is an important difference between common and civil law. The professional secrecy of an attorney in civil law jurisdictions is his right and at the same time his obligation based on his membership of the Bar (that is his legal profession). In common law legal privilege comprises the contents of documents issued by an attorney to the client. Professional secrecy of attorneys in civil law jurisdictions applies solely to independent lawyers; in-house lawyers are usually not allowed to benefit from rules on professional secrecy (exceptions in the Netherlands and Belgium). On the other hand, common law jurisdictions apply legal professional privilege, recognized also to in-house lawyers. Slovenian law follows the traditional civil law concept of professional secrecy and sets a limited privilege to in-house lawyers. The article then discusses Slovenian law of civil procedure and compares the position of professional secrecy in lawsuits before State’s courts and in arbitration.
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Celiksoy, Ergul. « Overruling ‘the Salduz Doctrine’ in Beuze v Belgium : The ECtHR’s further retreat from the Salduz principles on the right to access to lawyer ». New Journal of European Criminal Law 10, no 4 (20 octobre 2019) : 342–62. http://dx.doi.org/10.1177/2032284419879228.
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In November 2018, the Grand Chamber of the European Court of Human Rights delivered its judgment in the case of Beuze v Belgium. Relying on Ibrahim and Others v the United Kingdom, the Grand Chamber held that the Salduz principles require a two-stage test of analysis, and hence, ruled out that systematic statutory restriction of a general and mandatory nature would in itself constitute an automatic violation of Article 6 § 3(c) of the European Convention on Human Rights. However, the Beuze judgment appears to be very controversial, since the Grand Chamber failed to put forward any convincing reason why it departed from previous case law, particularly Dayanan v Turkey and other judgments against Turkey. In their separate opinion, the concurring Judges in Beuze were concerned that the Beuze judgment overruled ‘ Salduz itself and all other cases that have applied the Salduz test’, and thus, ‘actually distorts and changes the Salduz principle and devalues the right that the Court established previously’. This article analyses the Beuze judgment in the light of the Court’s recent jurisprudence in order to examine whether it contradicts and dilutes the principles previously set out. Further, it discusses the implications of the new standards established in Ibrahim and Others and in subsequent cases, particularly Beuze. Particular attention is paid to the questions of how ‘fair’ is the application of overall fairness assessment in every case, how may the Court’s changing direction of approach concerning the right to access to a lawyer affect the increasing trend of recognition thereof, as a rule, by the contracting states, and finally, to what extent the new principles, especially those established in Beuze, comply with Directive 2013/48/EU on the right of access to a lawyer.
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Mirocha, Łukasz. « „Macierzyństwo zastępcze” w aktualnym orzecznictwie Europejskiego Trybunału Praw Człowieka ». Prawo w Działaniu 34 (2018) : 164–88. http://dx.doi.org/10.32041/pwd.3404.
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Surrogate motherhood, known also as surrogacy, is a kind of civil law contract according to which one party – surrogate mother is obliged to bear a pregnancy and after giving a birth transfer all rights concerning a child to commissioning party. There are two basic types of surrogacy, of which gestational surrogacy has recently become more popular. By concluding gestational surrogacy agreement commissioning party oblige itself to provide an embryo no matter of its source, while surrogate mother is bonded only to bear pregnancy. The second type of surrogacy agreement, often called traditional, encompasses also surrogates obligation to provide an egg, due to this fact, as the egg donor, surrogate mother becomes also a genetic mother. Surrogacy is connected to a variety of serious legal problems among others: deciding whether this kind of contract should be legal or banned and resolving an issue of a legal status of a new born child, by answering the question who is its legal parent. The paper comments a number of recent judgements given by European Court of Human Rights in the field of surrogacy. All the cases concerned question of international surrogacy, so the particular problems that were adjudicated regard the problem of recognising a foreign act of birth (Menneson v. France), giving permission to a child arrival to the intended parents country (D. and others v. Belgium) or factual separation of the child and the intended parents (Paradiso and Campanelli v. Italy). Applicants in the aforementioned cases claimed that states actions regarding surrogacy were opposite to the article 8 of European Convention on Human Rights, especially the right to respect private and family life. European Court of Human Rights has not been settling a dispute in which intended parents refused to take care of the child, what could be a real test to Strasbourg`s view on the commented problem.
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Herzog-Evans, Martine. « France and European Prison Law : Pretend Implementation and Actual Non-Compliance – An Empirical Research ». European Criminal Law Review 10, no 1 (2020) : 93–111. http://dx.doi.org/10.5771/2193-5505-2020-1-93.
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Prima facie, the implementation of European prison law rules and European Court rulings seems to be facilitated by the French legal structure since it views international and European law as having primacy over national norms. However, in a written law jurisdiction such as France, jurisprudence does not benefit from a very high status and soft low is generally dismissed since it is not binding. Previous legal research has addressed European jurisdictions’ compliance with European human rights law, notably as regards prison matters. However, it has used classic legal reasoning. Few studies have put this issue to the empirical test. Two notable exceptions are Tom Daems regarding Belgium, and Koskenniemi and Lappi-Seppälä’s regarding Scandinavian jurisdictions. This article presents the results of a study pertaining to France’s compliance with the rulings of the European Human Rights Court and the recommendations of the European Committee for the Prevention of Torture regarding prison issues, this by using a combination of Daems and Koskenniemi-Lappi-Seppälä classifications. It finds that, as a general rule, France is non-compliant with prisoners’ European human rights. Additionally, although it has made significant efforts to respond to the overcrowding crisis, France has failed, notably because it has not addressed overcrowding systemic and criminological causes.
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Fetko, Y. I. « Euthanasia in the USA and Canada : theoretical and legal basis ». Uzhhorod National University Herald. Series : Law, no 67 (16 janvier 2022) : 54–58. http://dx.doi.org/10.24144/2307-3322.2021.67.10.
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The article investigates that due to the development of scientific and technological progress human rights are becoming increasingly relevant. Today, a new dimension of human rights is emerging - the fourth generation of human rights, providing for the human right to gender reassignment, organ transplantation, same-sex marriage, euthanasia, and so on. The problem of euthanasia attracts special attention of scientists. For the theory of law, the problem of euthanasia and its relationship with the law are of particular interest. In legal science, scholars have studied various aspects of the legalization of euthanasia, including countries such as Austria, Azerbaijan, Belgium, Greece, Georgia, Denmark, India, Iceland, Spain, Italy, the Netherlands, Germany, Poland, Portugal, Switzerland and Japan, but it seems is little studied is euthanasia in the legal systems of the United States and Canada. Today in the United States, the legal regulation of euthanasia is determined by the federal territorial structure of the state, where states can establish their own laws, this also applies to euthanasia. Euthanasia is allowed in 9 states, including Washington, Vermont, Hawaii, California, Colorado, Maine, Montana, New Jersey, Oregon and the District of Columbia. In Canada, a prerequisite for acceptance. The Law "On Amendments to the Criminal Code and Amendments to Other Laws (Regarding Medical Care at Death)" became the case of Carter v. Canada. The Law “On Amendments to the Criminal Code and Appropriate Amendments to Other Laws (Concerning Medical Care at Death)” at the federal level establishes the basis for the provision of medical care at death throughout the country. As for the provinces and territories of Canada, they have the power to legislate on death care, provided that they do not conflict with federal law. Most provinces and territories have adopted guidelines and policies for death care. Quebec is the only province that has passed a law, which regulates medical care at death.
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Vargas, Daniel Zamora. « How Poverty Became a Violation of Human Rights : The Production of a New Political Subject, France and Belgium, 1964–88 ». History of Political Economy 52, no 3 (1 juin 2020) : 499–517. http://dx.doi.org/10.1215/00182702-8304823.
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The institutionalization of guaranteed minimum income systems in France and Belgium, carried out through the modernization of assistance schemes (Minimex in 1974, RMI in 1988), has generally been presented as the political outcome of the “rediscovery” of “hidden” poverty in the “affluent” societies of the mid-1960s. This article argues that a vision of this shift in terms of a “discovery,” however, suffers from significant limitations. To understand the historical pedigree of the reforms, this article will examine how the issue of “poverty” as such, was not simply “discovered” as a neglected social ill, but rather, “produced” to allow for new techniques of social intervention. The theoretical discovery of the “poverty” issue then, was marked by the slow constitution of a new political subject known as the “poor,” whose categorization and conceptualization would stand in stark opposition to the postwar welfare state notions of social justice and equality.