Bibliographies thématiques / Human rights – Europe – Cases

Littérature scientifique sur le sujet « Human rights – Europe – Cases »

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Publié le 26 juillet 2024

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Articles de revues sur le sujet "Human rights – Europe – Cases"

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Kużelewska, Elżbieta. « Jurisdiction of the European Court of Human Rights in the Baltic States’ Cases ». Studies in Logic, Grammar and Rhetoric 59, no 1 (1 septembre 2019) : 97–109. http://dx.doi.org/10.2478/slgr-2019-0031.

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Abstract The Baltic States – Estonia, Lithuania and Latvia – are democratic states of law that respect human rights. As members of the Council of Europe, they implemented into domestic law the Convention on the Protection of Human Rights and Fundamental Freedoms (known as the European Convention on Human Rights) – an international document for the universal protection of human rights adopted by the Council of Europe. The aim of the paper is to analyze whether and to what extent did Estonian, Lithuanian and Latvian citizens file individual complaints to the European Court of Human Rights over the past thirteen years (2006–2018). The paper is to answer the question if the Baltic Sates’ systems of human rights protection are effective. One of the indicators of effectiveness is the number of complaints brought from the Baltic States to the ECtHR in relation to the number of inhabitants and also in comparison with the total number of complaints from the 47 member states of the Council of Europe as whole. The analysis will cover statistics on the number of judgments in Estonian, Lithuanian and Latvian cases before the Court in Strasbourg issued between 2006 and 2018. This will be helpful in determining the degree and the type of violations by the Baltic States of the human rights protected by the European Convention on Human Rights.
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Harbisch, Amelie. « Human Rights Relations between Europe and Russia ». Politikon : The IAPSS Journal of Political Science 25 (15 décembre 2014) : 37–55. http://dx.doi.org/10.22151/politikon.25.3.

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There is a gap between the academic discourse’s acknowledgement of the importance of the question of diverging values in the relations between Russia and the European Union (EU), especially in the light of recent human rights cases, and the ongoing tendency of recent analyses of EU-Russia human rights relations to focus on rationalist cost-benefit accounts which leave out value interpretation issues. I seek to fill this gap by genealogically analyzing the origin of different human rights understandings of Europe and Russia and their constitution of the scope of foreign policy action. The results point to a high divergence of the meaning of human rights between the European Union and Russia as well as a high relevance of this divergence for both parties’ foreign action and identity formation.
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Roorda, Lucas. « Jurisdiction in Foreign Direct Liability Cases in Europe ». Proceedings of the ASIL Annual Meeting 113 (2019) : 161–65. http://dx.doi.org/10.1017/amp.2019.168.

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The right to remedy for victims of human rights abuses by transnational corporations is far from guaranteed. Often, the state where the abuses occurred is unwilling or incapable of offering effective remedies, especially effective judicial remedies. The victims may then choose to “go global” and bring civil suits in the courts of other states, including the home states of the corporations alleged to have committed the abuse. One way in which they have done so is by bringing so-called “foreign direct liability” (FDL) cases: civil claims in domestic courts of foreign states against corporate actors, in the hopes of getting financial compensation as a remedy.
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Hins, Wouter, et Dirk Voorhoof. « Access to State-Held Information as a Fundamental Right under the European Convention on Human Rights ». European Constitutional Law Review 3, no 1 (février 2007) : 114–26. http://dx.doi.org/10.1017/s1574019607001149.

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Access to state-held information essential in a democratic society – Traditional reluctance of the European Court of Human Rights to apply Article 10 European Convention on Human Rights in access to information cases – Positive obligations and new perspectives: initiatives within the Council of Europe – Parallel with the Inter-American Court of Human Rights – Sdruženi Jihočeské Matky decision of the European Court: the beginning of a new era?
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Topulli, Enela. « Securitization of Migration and Human Rights in Europe ». European Journal of Multidisciplinary Studies 2, no 1 (30 août 2016) : 86. http://dx.doi.org/10.26417/ejms.v2i1.p86-92.

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The Post-Cold War period would face the states with new problems in the field of security. Among the most discussed and contested aspects of the respective agendas is the migration. The events of September 11th redefined the concept of security in line with the new non-state actors, that came into the system. Migration in this respect is perceived as associated with terrorism and as a threat to the security of states. The phenomenon is widely regarded as securitized. The question relates to the legitimacy of this process and to what extent it affects and impacts human rights and fundamental freedoms. It is widely recognized that there is a contradiction between the human rights framework and that of security. What is noted is the nature of the discrepancy and alternatives to manage the risks, that political elites see as inextricably linked to migration. The paper focuses on concrete cases, such as France, UK and EU.
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Umarkhonov, Azizkhon. « EXPERIENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN ENSURING THE SAFETY OF PARTICIPANTS IN CRIMINAL PROCEEDINGS ». American Journal of Political Science Law and Criminology 05, no 04 (1 avril 2023) : 124–28. http://dx.doi.org/10.37547/tajpslc/volume05issue04-19.

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The European Court of Human Rights (ECHR) is a key player in the protection and promotion of human rights in Europe. One of the key areas in which the ECHR has made significant contributions is in ensuring the safety of participants in criminal proceedings. The safety of participants is critical to ensuring that the right to a fair trial is respected, and that justice is served. This article will explore the experience of the ECHR in this area, examining the key cases and principles that have shaped the Court's approach.
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Cucereanu, Dragos. « Cyberlibel Cases before the European Court of Human Rights : Estimating Possible Outcomes ». Netherlands Quarterly of Human Rights 19, no 1 (mars 2001) : 5–20. http://dx.doi.org/10.1177/092405190101900102.

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Internet defamation, or cyberlibel, has become an increasingly widespread and alarming side of online expression. This has lead to controversies concerning the way of responding to this new challenge in defamation law. Such controversies persist, as law makers and courts in the Council of Europe Member States vary in their solutions. The author searches for uniformity in regulating cyberlibel in Europe, by estimating how the European Court of Human Rights could decide such cases, based on analogy with its previous case law, as well as the law and practice of those States that have addressed the issue. It concludes that the Court may take into consideration the specificity of Internet, while mostly in line with its previous case law, by further developing it. The article proposes a list of criteria that might help deciding cyberlibel cases, and analyses specific ways of determining their applicability and effect.
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Thym, Daniel. « RESPECT FOR PRIVATE AND FAMILY LIFE UNDER ARTICLE 8 ECHR IN IMMIGRATION CASES : A HUMAN RIGHT TO REGULARIZE ILLEGAL STAY ? » International and Comparative Law Quarterly 57, no 1 (janvier 2008) : 87–112. http://dx.doi.org/10.1017/s0020589308000043.

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AbstractApplying the European Convention on Human Rights (ECHR) to immigration cases has always been a balancing exercise between the effective protection of human rights and the Contracting States' autonomy to regulate migration flows. In its recent case law, the European Court of Human Rights in Strasbourg (ECtHR) has considerably extended the protective scope of Article 8 ECHR by granting autonomous human rights protection to the long-term resident status independent of the existence of family bonds under the heading of ‘private life’. This has important repercussions for the status of legal and illegal immigrants across Europe, since the new case law widens the reach of human rights law to the legal conditions for leave to remain, effectively granting several applicants a human right to regularize their illegal stay. The contribution analyses the new case law and develops general criteria guiding the application of the ECHR to national immigration laws and the new EU harmonization measures adopted in recent years.
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Černý, Petr. « The Right of Assembly in Central Europe ». Age of Human Rights Journal, no 15 (15 décembre 2020) : 163–85. http://dx.doi.org/10.17561/tahrj.v15.5786.

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The article deals with the legal regulation of the right to freedom of peaceful assembly in Germany, Austria, the Czech Republic and the Slovak Republic with regard to the jurisdiction of the European Court of Human Rights (ECHR). The chosen topics focus on the definition of assembly, the relationship between freedom of expression and property rights together with the right of assembly. In each of above-mentioned countries, the assembly to which constitutional protection is granted, the definitiondiffers slightly; with the widest concept of assembly deriving from the judicature of the ECHR. The constitutional protection of the Assembly, in particular found in Germany and Austria, which is significantly narrower than the protection provided by the European Convention on Human Rights, may thus at some stage come into conflict with the requirements of the ECHR. The section devoted to freedom of speech deals, among other things, with cases exhibiting shocking photographs, which were part of the campaign against abortion, in front of schools in the Czech Republic and the Slovak Republic. In the future, the most serious problem is the conflict of the right of assembly along with the right of ownership, consisting in assemblies held on private property, which is used by the public, such as shopping malls, airports or railway stations. This has been the focus of the professional public and the courts for a long time, especially in Germany.
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Rydz-Sybilak, Katarzyna. « Human rights infringement against contemporary legal practice in several criminal cases ». Acta Universitatis Lodziensis. Folia Iuridica 77 (30 décembre 2016) : 11–24. http://dx.doi.org/10.18778/0208-6069.77.02.

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Issues connected with protection against tortures or other forms of inhuman or degrading treatment are regulated in the European law not only in The Convention for the Protection of Human Rights and Fundamental Freedoms, but also in The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was adopted by The Committee of Ministers of the Council of Europe on June 26, 1987 and later ratified by all 47 countries of The Council of Europe. It is a key element in amending the control system. It has been agreed that the system based on individual and international pleas should be supported by preventive measures. Various situations in which the state has serious obligations so as to protect art. 3 of the Convention, take place following criminal proceedings by organs entitled to act according to legislation. It ought to be mentioned that despite our country’s ratification of the above mentioned legal acts, while conducting pre-trial proceedings in criminal cases, the violation of basic human rights and inhumane treatment of the suspects or the accused happen the most often. The state is responsible for securing proper conditions that would grant respect for one’s dignity and the procedures and methods of obtaining incriminating evidence are not to cause suffering whose scale and intensity would surpass needs of personal security of the accused or suspects during the proceedings in criminal trials, with respect to the legal procedures regulating the arrest and the use of preventative measures in form of a detention order.
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Thèses sur le sujet "Human rights – Europe – Cases"

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O'Nions, Helen. « A case study on the protection of human rights : human rights and legal wrongs : the Roma in Europe ». Thesis, University of Leicester, 1999. http://hdl.handle.net/2381/31098.

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This thesis critically examines the implementation of international human rights standards through a study of the situation of Europe's Roma majority. The foundations of the human rights standards as they apply to minorities are considered from a theoretical perspective to be deficient. The need to respect the collective aspects of identity as well as the individual dimensions has been recognised by many theorists but has not been translated into human rights norms. The consequences of the individualist emphasis are explored with respect to the rights of citizenship and education. The former suggests that a focus centred only on the individual can legitimise discriminatory treatment in the name of assimilation. When looking at the right to education it is apparent that the denial of minority culture and values in the education process has contributed to the lack of school achievement and educational disillusionment. Promising initiatives form the European Union place a greater emphasis on the need to support rather than diminish minority cultural values. An alternative approach stressing the importance of minority identity is considered by analysing the Hungarian system of minority self-government. The system, still in its infancy, recognises the collective interests of minority groups as well as the individual rights of group members. In conclusion it is argued that the present emphasis on the individual does little to protect the rights of members of marginalised minority groups. This realisation does not necessarily entail the prioritisation of collective over individual rights. Rather, it is argued that collective and individual rights be viewed as supplemental and inter-dependent.
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Nordlund, Alexandra. « Locus Standi in Climate Change Cases Before the European Court of Human Rights ». Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-94743.

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Rubasha, Herbert. « Appreciating diversity : is the doctrine of margin of appreciation as applied in the European Court of Human Rights relevant in the African human rights system ? » Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1228.

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"The purpose of this study is to interrogate the doctrine of margin of appreciation as applied in the European Court of Human Rights and establish amenable lessos to the African human rights system. As such, the author will be able to draw appropriate and informed recommendations on the prospects of the doctrine in African context. In other words, the study proceeds from the approach that 'diversity' alone is not enough to guarantee application of margin of appreciation. Rather, a variety of factors come into consideration while weighing whether margin of appreciation should be granted to states. Indeed, such benchmarks will inform the discourse of this study, while at the same time acknowledging that a comparative study between European and African systems cannot be possible. The premise for disqualifying a comparison assumes that margin of appreciation presupposes a democratic society. Thus, while the member states of the ECHR have attained high levels of human rights records, some of their counterparts in Africa are still marred by embarrassing human rights records." -- Preamble. "Chapter one introduces the study and the context in which it is set. It highlights the basis and structure of the study. Chapter two makes reference to the connotation, origin and development of the doctrine of margin of appreciation. It discusses also contours and varying degrees of the doctrine's application with particular regard to respect of the rule of law. In addition, difficulties linked to the doctrine are highlighted. Chapter three highlights policy grounds underlying margin of appreciation in the European Court of Human Rights. It starts from most decisive policy grounds and moves to weaker ones. Chapter four examines the legal basis for application of the doctrine of margin of appreciation under the African Charter. It further notes the attitude of African states through their submissions claiming margin. The Prince case as the first of its kind to invoke margin of appreciation is discussed. Chapter five attempts to identify the defensibility and indefensibility of the doctrine in [the] African human rights system. Chapter six consists of a summary of the presentation and the conclusions drawn from the entire study." -- Introduction.
Prepared under the supervision of Prof. Gilles Cistac at the Faculty of Law, Universidade Eduardo Mondlane, Maputo, Mocambique
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Armendariz, Veronica S. « Paradox Lost : Explaining Cross-National Variation in Case Volume at the European Court of Human Rights ». Digital Archive @ GSU, 2011. http://digitalarchive.gsu.edu/political_science_theses/41.

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Existing research on states and human rights focuses primarily on international treaty ratification, post-treaty rating systems, and ad hoc reports on adherence in individual countries. Additionally, the literature is characterized by disproportionate attention to certain rights to the neglect of others, thereby painting an incomplete and potentially inaccurate picture of a state’s practice and implementation of human rights. Consequently, the extant literature too frequently disregards key domestic and international factors as determinants of cross-national variation in the implementation and protection of human rights, and it instead generates paradoxical claims about human rights and state behavior. With Europe as its empirical focus, this study tests one assertion that state strength relative to societal actors impacts the frequency of cases heard at the European Court of Human Rights. Findings suggest that state strength indeed plays a role in the overall number of cases from member states in the European human rights system.
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Perkowski, Nina. « Humanitarianism, human rights, and security in EUropean border governance : the case of Frontex ». Thesis, University of Edinburgh, 2017. http://hdl.handle.net/1842/23494.

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This thesis explores the (re-)positioning of the EU border agency Frontex within a wider shift towards humanitarianism and human rights in EUropean border governance. By examining Frontex’s public self-representation through time, it shows that the agency has gradually appropriated humanitarianism and human rights, while at the same time continuing to rely on a conceptualisation of migration as a security issue. The thesis traces this development, outlining how the agency has increasingly mobilised all three discursive formations in its public narratives about itself, border controls, and unauthorised migration to EUrope. Seeking to move beyond analysing Frontex through its public documents and statements only, the thesis complements this analysis with insights gained through interviews and informal conversations with Frontex staff and guest officers, as well as participant observations at Frontex events and in joint operations between May 2013 and September 2014. Exploring the perceptions of those working for and with Frontex, it complicates common portrayals of Frontex as a unitary, rational actor in EUropean border governance. Instead, it argues that Frontex is better understood as a highly fragmented organisation situated in an ambiguous environment and faced with inconsistent and contradictory demands. Situated at the intersection of critical security studies and critical migration and border studies, this thesis seeks to make three contributions to these literatures: first, it argues that critical security studies would benefit from a cross-fertilisation with insights gained in new institutionalism, which add organisational dynamics as an additional layer of analysis to developments in broader security fields. Second, it provides insights into the relationships between the discursive formations of security, humanitarianism, and human rights in contemporary border governance. The thesis argues that the three formations, at times seen as opposed to one another, share a number of important commonalities that create the conditions of possibility for the appropriation of humanitarianism and human rights by security actors such as Frontex, and for the emergence of new coalitions of actors in the EUropean border regime; as security, humanitarian, and human rights actors share the goal of rendering EUropean border controls less (visibly) violent. Third, the thesis provides rare empirical insights into the security actor Frontex, which has remained relatively opaque and elusive despite attracting much interest within academic and activist communities alike.
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Tumay, Murat. « The European Convention on Human Rights : restricting rights in a democratic society with special reference to Turkish political party cases ». Thesis, University of Leicester, 2006. http://hdl.handle.net/2381/31089.

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The main concern of this thesis is the dissolution of political parties by the Turkish Constitution Court and the response of the European Court of Human Rights. This study will analyse and compare the approaches to restrictions of fundamental rights under the European Convention on Human Rights by both national courts and the Strasbourg Court. The protection of human rights has to be balanced by accommodations in favour of the reasonable needs of the State to perform its duties for the common good. Ensuring that State does not take improper advantage of such accommodations requires a measure of international control. National restrictions, which are necessary in a democratic society, are allowed subject to the supervision of the Court of Human Rights. Political parties are a form of association essential to the proper functioning of democracy, and restrictions on freedom of association should be construed strictly. Only the most compelling reasons can justify dissolution of political parties. This thesis aims to identify the democratic values set out in the case law of the Strasbourg organs, and to explore the cases concerning the dissolution of political parties in the light of those values. The approach of the national courts will be contrasted with that of the Strasbourg court in those cases, which have resulted in applications under the European Convention. The thesis draws a distinction between an ideology-based paradigm and a rights-based paradigm in such cases. The national court has adopted an ideology-based approach, whereas the Strasbourg court has adopted a rights-based approach. However, in the Refah Partisi case, the Strasbourg court appears to have adopted an ideology-based approach. This was unfortunate as this resulted in a decision that is in conflict with the approach it had adopted in earlier cases those previous cases had contributed significantly to the development of democratic values in Turkey.
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Soek, JanWillem. « The strict liability principle and the human rights of the athlete in doping cases ». Rotterdam : Rotterdam : Erasmus Universiteit ; Erasmus University Rotterdam [Host], 2006. http://hdl.handle.net/1765/7548.

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Overmeyer, Nina. « Domestic Violence as a Violation of the European Convention on Human Rights : The Application of Articles 3 and 8 by the European Court of Human Rights in Cases Concerning Domestic Violence ». Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-94621.

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Nam, Heesob. « Human rights approach in global intellectual property regime : with case studies on the US-Korea FTA and the EU-Korea FTA ». Thesis, Queen Mary, University of London, 2018. http://qmro.qmul.ac.uk/xmlui/handle/123456789/36226.

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From its emergence to its expansion, intellectual property (IP) has not been isolated from trade. However, in the late 1970s, business interests in the United States (US) exerted powerful pressure, leading to IP norms becoming increasingly trade-centric. Hypothesis of this thesis is that such trade-centric IP norms, encouraged and formed by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and subsequent TRIPS-plus rules pursued by the two most active actors, the US and the European Union (EU), fail to achieve the intended purposes of IP protection. This normalization of tradecentric regulation also creates conflict with a range of economic, social and cultural values that have significant human rights implications. The goal of this thesis is to: (a) critically examine this predominance of trade in contemporary IP norms; and (b) provide a counter framework for IP policy reform. It seeks to do this by juxtaposing the theoretical and empirical aspects of IP norms against human rights. This study will pursue to prove the hypothesis by conducting case studies on two free trade agreements (FTAs) enacted by South Korea with the US and the EU. The thesis concludes that, on the whole, the context of human rights provides a just counter framework that can unify the diverse range of issues. This is more so given that human rights are strengthened by international consensual norms institutionalised by intergovernmental organisations and supported by transnational advocacy networks. Nevertheless, this thesis advocates that an overemphasis on state and individuals in the human rights discourse needs to be challenged by taking into account the dominance of global economic regulations, the prevailing role of non-state actors, and the culturally relative nature of IP.
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Prasanna, Tanusri. « Normative underpinnings of the proscription of removals risking torture or cruel, inhuman or degrading treatment ». Thesis, University of Oxford, 2015. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669705.

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Livres sur le sujet "Human rights – Europe – Cases"

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David, Harris, dir. Cases and materials on the European Convention on Human Rights. London : Butterworths, 2001.

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Mowbray, A. R. Cases and materials on the European Convention on Human Rights. 2e éd. Oxford : Oxford University Press, 2007.

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Mowbray, A. R. Cases and materials, and commentary on the European Convention on Human Rights. 3e éd. Oxford : Oxford University Press, 2012.

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1977-, Kapuy Klaus, Pieters Danny, Zaglmayer Bernhard 1976-, European Court of Human Rights. et European Institute for Social Security., dir. Social security cases in Europe : The European Court of Human Rights. Antwerpen : Intersentia, 2007.

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Daniel I. García San José. Enforcing the human right to environment in Europe : A critical overview of the European Court of Human Rights case-law. Sevilla : Editorial Kronos, 2004.

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Mertus, Julie. Human rights matters : Local politics and national human rights institutions. Stanford, Calif : Stanford University Press, 2009.

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Loukaidēs, Loukēs G. Judge Loukis Loucaides : An alternative view on the jurisprudence of the European Court of Human Rights : a collection of separate opinions (1998-2007) edited by Francoise Tulkens ... [et al.]. Leiden : Brill, 2008.

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Janis, Mark W. European human rights law. [Hartford, Conn.] : University of Connecticut Law School Foundation Press, 1990.

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Buyse, Antoine C., et Michael Hamilton. Transitional jurisprudence and the European Convention on Human Rights : justice, politics and rights. Cambridge : Cambridge University Press, 2011.

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Rick, Lawson, Schermers Henry G et European Court of Human Rights., dir. Leading cases of the European Court of Human Rights. Nijmegen, [Netherlands] : Ars Aequi Libri, 1997.

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Chapitres de livres sur le sujet "Human rights – Europe – Cases"

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McGonagle, Tarlach. « (Re-)casting Epistemic Rights as Human Rights : Conceptual Conundrums for the Council of Europe ». Dans Epistemic Rights in the Era of Digital Disruption, 63–80. Cham : Springer International Publishing, 2024. http://dx.doi.org/10.1007/978-3-031-45976-4_5.

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AbstractThe Council of Europe has developed an elaborate system for the protection of human rights across its 46 Member States. Its centrepiece is the European Convention on Human Rights—Europe’s most important human rights treaty. The system offers strong protection for the rights to freedom of expression and participation in public debate. These rights, which concern freedom of expression, information, and communication and the integrity of the processes leading to the creation and dissemination of content and knowledge, have clear epistemic underpinnings. But the Council of Europe has yet to set out a comprehensive, coherent vision of the epistemic dimension to these rights. The Council, and in particular its judicial organ, the European Court of Human Rights, has so far addressed epistemic aspects of human rights in an incidental way. This chapter explores the epistemic values that help shape expressive and participatory rights, enquiring whether a re-conceptualisation of epistemic rights as human rights could strengthen the human rights that they already appear to inform. The Council of Europe has been selected as a case-study for this exploratory analysis due to its well-developed regulatory and policy framework. The framework is sufficiently concrete and coherent to allow reflection on the practical implications of the proposed re-conceptualisation.
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« Table of cases ». Dans Human rights in Europe. Manchester University Press, 2022. http://dx.doi.org/10.7765/9781526170590.00005.

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Thompson, Brian, et Michael Gordon. « 9. Human Rights ». Dans Cases & ; Materials on Constitutional & ; Administrative Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198767732.003.0009.

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Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter deals with the area of human rights. It considers the European Convention on Human Rights and its incorporation into domestic law by the Human Rights Act 1998. The chapter examines the implications of the Human Rights Act and how it operates in practice. It analyses the extent of its application between private litigants and courts' interpretation of legislation under the duty of making an interpretation, so far as is possible, which is compatible with the European Convention but which may result in a declaration of incompatibility.
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« Table of cases ». Dans Disabled people and European human rights, vi—x. Policy Press, 2003. http://dx.doi.org/10.56687/9781847425621-003.

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« Table of Cases ». Dans The European Union and Human Rights, sous la direction de Nanette A. Neuwahl et Allan Rosas, 323–30. Brill | Nijhoff, 1995. http://dx.doi.org/10.1163/9789004482425_022.

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Thompson, Brian, Michael Gordon et Adam Tucker. « 9. Human Rights ». Dans Cases and Materials on Constitutional and Administrative Law, 430–93. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198867883.003.0009.

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This chapter deals with the area of human rights. It first considers the former position on human rights in the UK, then the European Convention on Human Rights and its incorporation into domestic law by the Human Rights Act 1998. The chapter explores the extent to which human rights law applies to private bodies performing public functions, how it affects the interpretation of legislation, when courts may find legislation compatible with Convention rights and when they may issue a declaration of incompatibility, and examines the adoption and the application of the proportionality test.
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Hamer, Kenneth. « Human Rights ». Dans Hamer's Professional Conduct Casebook, 509–40. 4e éd. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192883384.003.0036.

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Abstract This chapter talks about regulatory bodies and disciplinary tribunals, who are the public authorities for the purposes of the Human Rights Act 1998. The Act of 1998 renders it unlawful for the public authorities to act in a way that is incompatible with the European Convention on Human Rights (ECHR). A substantial body of Strasbourg and domestic case law has been built up to identify the types of case and the precise point at which the ECHR is or is not engaged. This chapter sets out the legal framework under the Act of 1998 and the rights guaranteed by the Convention and seeks to draw attention to cases relating to professional conduct matters. It mentions the intervention in solicitor’s practice that is necessary for the protection of public interest.
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Rainey, Bernadette. « 2. European Convention on Human Rights ». Dans Human Rights Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198794172.003.0002.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first explains the background and rationale for the formation of the European Convention on Human Rights (ECHR), tracing its roots to the Council of Europe that was formed in 1949 and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) established a year later. It then looks at the different kinds of human rights embedded in the ECHR, including the right to life, right to a fair trial, freedom of expression, right to property, and right to free elections. The chapter also provides an overview of the European Court of Human Rights (ECtHR), along with the major changes made to its complaints system and how it interprets the Convention rights. Finally, it considers the ECtHR’s use of proportionality and margin of appreciation doctrines to find the balance between the rights of the individual and the community when deciding upon qualified rights.
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Mansfield, Gavin, et Lydia Banerjee. « Human Rights Claims ». Dans Blackstone's Employment Law Practice 2023, 243–50. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192887788.003.0016.

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Abstract This chapter focuses on the claims under the Human Rights Act 1998 (HRA). It clarifies that the HRA's main practical effect aims to help people depending on the European Convention on Human Rights (ECHR) could proceed in domestic courts rather than in the European Court of Human Rights (ECtHR) in Strasbourg. Moreover, employment tribunals do not have jurisdiction to hear free-standing complaints under the HRA. The importance of human rights jurisprudence in developing employment case law revolves around procedural fairness, a claimant's private life, trade union freedom, and religious discrimination. The chapter also covers the ECHR's articles likely to be engaged in employment cases.
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Hansen, Alexandra Ellen. « List of Cases ». Dans Facts Before the European Court of Human Rights, 181–86. Nomos Verlagsgesellschaft mbH & Co. KG, 2022. http://dx.doi.org/10.5771/9783748933229-181.

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Actes de conférences sur le sujet "Human rights – Europe – Cases"

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Bakota, Boris. « EUROPEAN COURT OF HUMAN RIGHTS AND THE EUROPEAN GREEN DEAL ». Dans International Scientific Conference “Digitalization and Green Transformation of the EU“. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/27448.

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The European Green Deal aims to make Europe the first climate-neutral continent by 2050 and maps a new and inclusive growth strategy to boost the economy, improve people’s health and quality of life, care for nature, etc. EU Farm to Fork Strategy for fair, healthy and environmentally- friendly food system, among others, asks for „moving to a more plant-based diet“. Plant-based diet is a diet consisting mostly or entirely of plant-based foods. Plant-based diet does not exclude meat or dietary products totally, but the emphasis should be on plants. Vegetarianism is the practice of abstaining from the meat consumption. Vegetarians consume eggs dairy products and honey. Veganism is the practice of abstaining from the use of animal product in diet and an associated philosophy that rejects the commodity status of animals. Article 9 of European Convention for the Protection of Human Rights and Fundamental Freedoms and article 10 of the Charter of Fundamental Rights of the European Union almost use the same text enshrining Freedom of thought, conscience and religion. To ensure the observance and engagements in the Convention and the Protocols, Council of Europe set up European Court of Human Rights. All European Union Member States are parties to the European Convention for the Protection of Human Rights and Fundamental Freedoms. European Court of Human Rights had many cases dealing with above-mentioned article 9. This paper will focus on Court’s cases dealing with veganism, vegetarianism and plant-based diet. It will investigate obligations, which arise from European Convention for the Protection of Human Rights and Fundamental Freedoms to public administration institutions, namely hospitals, prisons, army, school and university canteens, etc. The paper will explore the practice of several European countries and Croatia. The results will show if veganism, vegetarianism and EU promoted plant-based diet are equally protected under European Convention or there are differences, and what differences if there are any.
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Coric, Vesna, et Ana Knezevic Bojovic. « European Court of Human Rights and COVID-19 : What are Standards for Health Emergencies ? » Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.26.

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The European Court of Human Rights is currently facing a challenge in dealing with numerous applications linked to the COVID-19 pandemic and the related restrictions aiming to protect human life and health, which, at the same time, limit some of the most important human rights and fundamental freedoms. Legal scholars have voiced different views as to the complexity of this task, invoking the previous case law on infectious diseases and on military emergencies to infer standards that would be transferrable to COVID-19-related cases, or the margin of appreciation of domestic authorities pertaining to health care policy as the approaches ECtHR could take in this respect. The present paper argues that the ECtHR would be well advised to resort to a more systemic integrated approach, which implies the need to consider obligations emanating from other health-related international instruments in setting the standards against which it will assess the limitations of human rights during the COVID-19 outbreak. Hence, the authors reflect on the potential contribution of the integrated approach to the proper response of the ECtHR in times of the pandemic. The review shows that both the ECtHR’s caselaw on the integrated approach, as well as its theoretical foundation leave enough room for a wide application by the ECtHR of the right to health, and likewise – soft law standards emanating from the various public health-related instruments, when adjudicating cases dealing with the alleged violations of human rights committed during the COVID-19 outbreak. Subsequently, the paper critically assesses to what extent the ECtHR has taken into account the right to health-related instruments in its previous case law on infectious diseases. This is followed by a review of the existing, albeit sparse, jurisprudence of the ECtHR in its ongoing litigations pertaining to restrictions provoked by COVID-19 pandemic, viewing them also in the context of the integrated approach. The analysis shows that ECtHR did not systemically utilize the integrated approach when addressing the right to health, even though it did seem to acknowledge its potential. The authors then go on to scrutinize the relevant health emergency standards stemming from international documents and to offer them as a specific guidance to the ECtHR regarding the scope of the right to health which will help in framing the analysis and debate about how the right to health is guaranteed in the context of COVID-19. Consequently, building on the proposed integrity approach, examined theoretical approaches, and standards on the right to health acknowledged in relevant supranational and international instruments, the authors formulate guidance on the path to be taken by the ECtHR.
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Chalkidis, Ilias, Manos Fergadiotis, Dimitrios Tsarapatsanis, Nikolaos Aletras, Ion Androutsopoulos et Prodromos Malakasiotis. « Paragraph-level Rationale Extraction through Regularization : A case study on European Court of Human Rights Cases ». Dans Proceedings of the 2021 Conference of the North American Chapter of the Association for Computational Linguistics : Human Language Technologies. Stroudsburg, PA, USA : Association for Computational Linguistics, 2021. http://dx.doi.org/10.18653/v1/2021.naacl-main.22.

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Kucs, Arturs. « Blanket Bans in Case Law of the European Court of Human Rights and Constitutional Court of the Republic of Latvia ». Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.25.

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Irrespective of whether a human rights case is being decided in a national or international court, similar methodology is used when assessing whether a human rights restriction is justifiable. In some cases, however, the European Court of Human Rights and Constitutional Court of the Republic of Latvia use different approach for specific kind of human rights restriction – the blanket ban. This concept and applied methodology are still under the discussion regarding both courts. This article looks into concept of blanket ban, analyses influence of this concept to courts’ assessment, as well as reflects objections to the concept.
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Kulmanis, Oskars. « Bērnu tiesību aizsardzība Krimināllikuma XVI nodaļas tvērumā. Izaicinājumi un perspektīvas ». Dans Latvijas Universitātes 82. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2024. http://dx.doi.org/10.22364/juzk.82.27.

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This article is dedicated to assessment of the protection of the rights of children regarding sexual abuse cases, and the crucial importance of evaluating the vulnerable situation of the child. The article includes examination of practical elements determined by Paragraph 1 (iii) of Article 18 of Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, and Article 3 of the European Convention of Human Rights from the perspective of effective investigation of sexual abuse case. Recent challenges in court practice and discussions in legislative process emphasize the risks presented by leaving certain types of sexual abuse unpunished, and thus jeopardising the effective protection of the individual’s sexual autonomy. Therefore, the article will address the importance of assessing the particularly vulnerable situation of the child in sexual abuse cases to precisely characterize the criminal act.
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Primorac, Damir, et Andrej Božinovski. « CORRECTING MISCARRIAGES OF JUSTICE IN CROATIA : ACCESSION AND TIME-LIMITED RETENTION OF DNA PROFILES IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS ». Dans International Scientific Conference “Digitalization and Green Transformation of the EU“. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/27459.

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The emergence of Innocence Projects in Croatia in 2015 sparked an interest in the fate of wrongfully convicted individuals and the potential of post-conviction DNA examination. In 2020, the experimental Innocence Project was established at the Faculty of Law in Zagreb, funded by the Croatian Science Foundation to raise public awareness of miscarriages of justice, advocate for legal changes to make it easier for defendants to reopen their cases, and provide legal representation for those believed to be wrongfully convicted. This article delves into the use and handling of DNA information by law enforcement agencies and its treatment within the jurisprudence of the European Court of Human Rights and in the Croatian national criminal legislation. However, concerns have been raised regarding the retention, use, and time-limited frameworks of DNA data in law enforcement databases, particularly concerning the presumption of innocence for individuals who have not been convicted of a crime. The European Court of Human Rights adopted the “Marper” test to address this issue and to ensure that all DNA data is expunged from law enforcement databases when it is not relevant to criminal investigations. This test balances the government’s interests in crime prevention and criminal investigation against individual citizens’ privacy interests, making it essential in addressing wrongful convictions. Using the theoretical, comparative, case study, and dogmatic method The article examines the legal standards of the Council of Europe and the European Union, the jurisprudence of the European Court of Human Rights, as well as Croatian positive legal standards on the retention and use of DNA data and applicable databases. Finally, the article suggests potential legislative reforms in Croatia to improve the utilization, storage, and ramification of DNA data and the use of forensic DNA databases to address miscarriages of justice, particularly in “cold cases”.
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T.y.s.s, Santosh, Marcel Perez San Blas, Phillip Kemper et Matthias Grabmair. « Leveraging Task Dependency and Contrastive Learning for Case Outcome Classification on European Court of Human Rights Cases ». Dans Proceedings of the 17th Conference of the European Chapter of the Association for Computational Linguistics. Stroudsburg, PA, USA : Association for Computational Linguistics, 2023. http://dx.doi.org/10.18653/v1/2023.eacl-main.78.

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Sekulovski, Dragan. « RESPECTING THE PRACTICE OF THE COURT CASE : SELMANI AND OTHERS V. THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA, (APPLICATION NO. 67259/14), AS A PREREQUISITE TO SAFE JOURNALISTS IN PARLIAMENTS ». Dans SECURITY HORIZONS. Faculty of Security- Skopje, 2022. http://dx.doi.org/10.20544/icp.3.7.22.p20.

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Journalism is a public good from which citizens should benefit. For journalism to accomplish its mission as a public good, journalists and media must be independent and economically sustainable. Most importantly, they must be safe in performing their professional duty to professionally inform the public. Nevertheless, how can journalists report in a situation when they are forcibly expelled from the national parliament? What are the implications of such a case, and what are the lessons learned? This paper provides an overview of the court case of “SELMANI AND OTHERS V. “THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA” by the European Court of Human Rights in which violation of the right to freedom of expression under Article 10 of the European Convention on Human Rights is proclaimed for the forcible removal of journalists from the gallery of the Parliament of Macedonia on 24 December 2012. The methodology in preparing this paper is based on an assessment of the stated court case, other cases relevant to Article 10 of the ECHR, follow-up documents by competent authorities and credible media reports. The importance of this case can be seen from the fact that it represents the first court case of ECtHR for breaching Article 10 of the Convention in Macedonia and second that this case represents an essential practice that gives knowledge to all members of the Council of Europe how to assure that the freedom of speech and freedom of information should be secured within the national parliaments. Keywords: freedom of expression, freedom of speech, fair trial, safety of journalists
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T.y.s.s, Santosh, Oana Ichim et Matthias Grabmair. « Zero-shot Transfer of Article-aware Legal Outcome Classification for European Court of Human Rights Cases ». Dans Findings of the Association for Computational Linguistics : EACL 2023. Stroudsburg, PA, USA : Association for Computational Linguistics, 2023. http://dx.doi.org/10.18653/v1/2023.findings-eacl.44.

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Santosh, T. y. s. s., Shanshan Xu, Oana Ichim et Matthias Grabmair. « Deconfounding Legal Judgment Prediction for European Court of Human Rights Cases Towards Better Alignment with Experts ». Dans Proceedings of the 2022 Conference on Empirical Methods in Natural Language Processing. Stroudsburg, PA, USA : Association for Computational Linguistics, 2022. http://dx.doi.org/10.18653/v1/2022.emnlp-main.74.

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Rapports d'organisations sur le sujet "Human rights – Europe – Cases"

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van der Sloot, Bart. The Quality of Life : Protecting Non-personal Interests and Non-personal Data in the Age of Big Data. Universitätsbibliothek J. C. Senckenberg, Frankfurt am Main, 2021. http://dx.doi.org/10.21248/gups.64579.

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Under the current legal paradigm, the rights to privacy and data protection provide natural persons with subjective rights to protect their private interests, such as related to human dignity, individual autonomy and personal freedom. In principle, when data processing is based on non-personal or aggregated data or when such data pro- cesses have an impact on societal, rather than individual interests, citizens cannot rely on these rights. Although this legal paradigm has worked well for decades, it is increasingly put under pressure because Big Data processes are typically based indis- criminate rather than targeted data collection, because the high volumes of data are processed on an aggregated rather than a personal level and because the policies and decisions based on the statistical correlations found through algorithmic analytics are mostly addressed at large groups or society as a whole rather than specific individuals. This means that large parts of the data-driven environment are currently left unregu- lated and that individuals are often unable to rely on their fundamental rights when addressing the more systemic effects of Big Data processes. This article will discuss how this tension might be relieved by turning to the notion ‘quality of life’, which has the potential of becoming the new standard for the European Court of Human Rights (ECtHR) when dealing with privacy related cases.
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Ferreira, Nuno, Judith Townend, William McCready, Erika Carrière, Hannah Farkas et Samantha Robinson. Developing a cost-free legal advice service for asylum seekers and migrants in Brighton and Hove. University of Sussex Migration Law Clinic, novembre 2022. http://dx.doi.org/10.20919/wptu7861.

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In 2018, a team of University of Sussex undergraduate law students working under the supervision of academic staff, conducted the Migration Law Clinic Pilot Study. This was in response to growing and grave concerns about the lack of availability of legal support and services for those seeking asylum and other forms of leave to remain in the UK. These concerns have only heightened in the intervening period: most recently, in response to the government’s publication of a draft Bill of Rights to repeal and replace the Human Rights Act 1998, which would make it much more difficult for potential deportees to rely on Article 8 of the European Convention on Human Rights (ECHR) to prevent removal and might have a wider impact on the rights and status of vulnerable groups of migrants in the UK; and, among other initiatives, the government’s intention to involuntarily relocate asylum seekers to Rwanda, which will then be responsible for processing the asylum claim and for providing asylum in successful cases. The purposes of the study were: i) To better understand some of the challenges faced by asylum seekers and vulnerable migrants living in Brighton and Hove when applying for asylum, and other forms of leave to remain and leave to enter. ii) To identify the extent and reasons for any shortfall in cost-free immigration and asylum law advice and representation in Brighton and Hove. iii) To gauge whether there was demand for additional free legal advice in the form of a university law clinic, specialising in immigration and asylum law. The team undertook a review of the legal framework that governs the provision of legal aid for immigration and asylum law matters and of relevant academic commentary on its impact. The team also gathered new empirical data based on interviews with a range of local stakeholders. This report sets out the team’s findings, describes how it informed the development of the clinic, and makes recommendations both for the further development of the Clinic and for changes to the provision of legal aid. Finally, it offers advice to other universities contemplating setting up their own clinic in this area.
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Cvijić, Srdjan, Nikola Dimitrov, Leposava Ognjanoska Stavrovska et Ivana Ranković. Bilateral Disputes and EU enlargement : A Consensual Divorce. Belgrade Centre for Security Policy, mai 2024. http://dx.doi.org/10.55042/xubk6023.

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Bilateral disputes between European Union member states and candidate countries are one of the key obstacles to EU enlargement. They have been plaguing the EU accession process ever since the breakup of Yugoslavia and the subsequent border dispute between EU member Slovenia and candidate country Croatia which then ensued. More recently we have the case of North Macedonia. It became a candidate country in 2005 but ever since, its accession negotiations have been bogged down by endless bilateral disputes. While the case of North Macedonia and its decades long conflicts with Greece and Bulgaria are the most well-known of such cases, they are not the only ones. In a seminal 2018 publication the Balkans in Europe Policy Advisory Group (BIEPAG) outlined the most prominent “open” or “latent” disputes between EU member states and candidate countries in the Western Balkans. Ranging from border to territorial disputes, or ones concerning the status of national minorities, four out of five candidate countries in the region – Albania, Bosnia and Herzegovina, North Macedonia or Serbia, has a bilateral dispute with one or more EU member states. If you look at new candidates Ukraine and Moldova and potential candidate Georgia however, the list of active or potential bilateral disputes is even longer. Even when a candidate country meets the criteria to progress in EU accession talks, bilateral disputes can delay it for years or even decades as in the case of North Macedonia. In this way such disputes present a serious challenge to the credibility of the EU enlargement process. In the context of the war in Ukraine, as we have seen with regard to the policies of Viktor Orbán’s Hungary towards Ukraine, invoking bilateral disputes can seriously challenge the geopolitical orientation and the security of the entire Union. On the legal side, since most of these issues fall outside the scope of the EU law and are not covered by the accession criteria, there is a need to think of an institutional mechanism to deal with bilateral disputes. Enlargement policy does not offer an appropriate platform for settlement of bilateral disputes, especially for those that fall outside the EU law. Hence, these issues should be addressed via the international legal dispute resolution toolbox and thus be subjects of separate processes. The EU’s role however cannot be passive. It should invest efforts in these processes in order for them to be mutually reinforcing and so that the accession process has a mollifying rather than tension amplifying effect on the issue. In its policy brief, published at the end of 2023, the European Council on Foreign Relations (ECFR) proposed updating the Copenhagen criteria such that they should include a stipulation to resolve bilateral issues between member states and candidate countries through external dispute resolution mechanisms: Territorial disputes should be referred to arbitration or the International Court of Justice, while those on minority rights should be dealt with by the European Court of Human Rights and other appropriate dispute settlement mechanisms. In this policy brief we suggest ways how to operationalise this proposal. First, we describe different types of vertical bilateral disputes (the ones that include asymmetrical relations) between EU members and Western Balkan candidate countries, then we outline international mechanisms to resolve them, and finally we propose an institutional architecture to remove bilateral disputes that fall outside of the scope of the Copenhagen criteria and the EU acquis from the purview of EU accession talks.
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Terzyan, Aram. Russia Amidst the War : Implications for Human Rights and Political Freedoms. Eurasia Institutes, décembre 2022. http://dx.doi.org/10.47669/earp-1-2022.

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This paper explores the state of human rights and political freedoms in Russia amid the Russian invasion of Ukraine. The ongoing Russian-Ukrainian war has devastatingly affected the state of human rights and political freedoms across Russia. The vague and ill-defined laws introduced in Russia amid the war severely restrict the citizens’ fundamental rights and freedoms, leading to a massive crackdown on government critics. This has significantly undermined Russia’s international standing, while leading to the Kremlin’s further rejection of democratic norms. More worryingly, Russia’s restrictive policy has been further combined with its decision to withdraw from the Council of Europe which raises a series unanswered question regarding the future of its human rights commitments. This paper concludes that Russia is isolating itself from the greater international community and resembling a North Korean-style form a tyranny.
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Kolarzik, Nina, et Aram Terzyan. The State of Human Rights and Political Freedoms in Belarus : Was the Crisis Inevitable ? Eurasia Institutes, novembre 2020. http://dx.doi.org/10.47669/psprp-4-2020.

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The rule of Alexander Lukashenko in Belarus has created one of the most resilient authoritarian regimes in post-communist Europe. Meanwhile, the turmoil triggered by the 2020 presidential election has put in the spotlight the mounting challenges facing Lukashenko’s authoritarian rule. This paper investigates the state of human rights and political freedoms in Belarus, focusing on the main rationale behind the turmoil surrounding the 2020 presidential election. It concludes that the political crisis following the elections is the unsurprising consequence of Lukashenko’s diminishing ability to maintain power or concentrate political control by preserving elite unity, controlling elections, and/or using force against opponents.
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Papastergiou, Vasilis. Detention as the Default : How Greece, with the support of the EU, is generalizing administrative detention of migrants. Oxfam, Greek Council for Refugees, novembre 2021. http://dx.doi.org/10.21201/2021.8250.

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Putting migrants and asylum seekers into detention for administrative reasons is a common practice in Greece, despite this policy contravening human rights. Greek authorities are using detention and the new EU-funded closed compounds as a way to discourage people from seeking asylum in Europe. Detention, as outlined in Greek law, should only be used as a final resort and only then in specific instances. Detention carries with it not only a financial cost, but also a considerable moral cost. Detention without just cause violates basic human rights, such as freedom of movement, the right to health and the right to family life. Alternatives to detention exist and must be prioritized.
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Ochab, Ewelina U. Addressing Religious Inequalities as a Means of Preventing Atrocity Crimes : The Case of the Uyghur Genocide. Institute of Development Studies (IDS), juillet 2021. http://dx.doi.org/10.19088/creid.2021.009.

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There is a big distance between religious inequalities and atrocity crimes. Indeed, religious inequalities do not necessarily lead to atrocity crimes; however, in certain cases they can. Examples of cases that portray this progression are those of Yazidis and Christian minorities in Iraq, and the Rohingya community in Myanmar. In certain situations, analysing religious inequalities can help to identify risk factors of genocidal atrocities, so a question that naturally arises is: can addressing religious inequalities help to mitigate and prevent atrocity crimes based on religion or belief? This paper focuses on the situation of the Uyghur population in China, where they are being persecuted for their religion or belief. It considers the law on freedom of religion or belief and other laws affecting the enjoyment of rights by Uyghurs in China as the foundation of religious inequalities. The paper further considers the deterioration of the Uyghurs’ circumstances by analysing some of the recent reported treatment of them against frameworks relevant to atrocity crimes, namely the UN Framework of Analysis for Atrocity Crimes and the Jacob Blaustein Institute for the Advancement of Human Rights Compilation of Risk Factors and Legal Norms for the Prevention of Genocide.
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Demuynck, Méryl, Anna-Maria Andreeva et George Kefford. A Practitioner’s Guide to Working with Children in VE-Affiliated Families : Protecting the Rights of the Child. ICCT, mai 2023. http://dx.doi.org/10.19165/2022.3.03.

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The PREPARE (Promoting collaborative policies of inclusion relating to children of far right and Islamist parents in Western Europe) project aims to identify vulnerabilities and stigmas that children may face when their parents are involved in violent extremist (VE) networks, and how frontline practitioners can best address them through a collaborative approach centred on the needs of the child. It aims to support these children by supporting frontline practitioners working with these children and their families in six European countries (the Netherlands, Spain, France, Sweden, Germany and Kosovo) to develop a state-of-the-art Child Vulnerability and Intervention Tool and training modules for practitioners. Central to the PREPARE project is ensuring that human rights, the rule of law, and children’s rights remain at the forefront throughout the development and implementation of interventions and programmes aimed at supporting children of families with links to VE. This report thus aims to provide guidance for practitioners on how to support these children through a human rights- and rule of law-compliant approach, that centres on children’s needs, well-being, and long-term prospects, and helps mitigate the risks of stigmatisation, polarisation, and discrimination. This report starts by providing an overview of the rights of the child, as defined in the United Nations Convention on the Rights of the Child (UNCRC), including the four general principles that should inform the implementation of all other rights, as well as any decisions and interventions affecting children, namely the non-discrimination principle, the best interests of the child, the child’s inherent right to life, survival and development, and the child’s right to express their views freely. It notably aims to inform practitioners on what these rights are, to what extent children raised in families with links with VE might see some of these rights infringed upon, as well as how they should inform their work. Finally, this report focuses on providing guidance on identified good practices to support children growing in families with links to VE, which include adopting victim-centred, individually-tailored, gender- and age- conscious approach, developing multidisciplinary and multi-actor programmes, and providing adequate training for practitioners. In addition, the report will further address some of the key challenges and practises to avoid in regards to the safeguarding the rights of children in families with links to VE. Practices to avoid notably include security-centred approaches, one-size-fits-all responses, practices causing re-traumatisation, lack of trust between children and implementers, lack of and/or inadequate training, and lack of long-term funding to ensure sustainable support for children having been exposed to VE environments.
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Milican, Juliet. Mapping Best Practice Guidelines in working with Civil Society Organisations. Institute of Development Studies, avril 2022. http://dx.doi.org/10.19088/k4d.2022.092.

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This report sets out to map the different guidance documents available on how to work most effectively with civil society in the delivery of international aid in ways that deepen democracy and advance the rights of marginalised or excluded groups. It includes a review of guidelines published by other key international development funders and implementors written for their own teams, an overview of guidance provided for DAC members within OECD countries and policy papers on cooperation between the state and CSOs. It looks primarily at documents produced in the last ten years, between 2011 and 2021 and includes those related to cooperation on specific issues (such as drugs policy or human rights, as well as those that deal with specific countries or regions (such as Europe or the MENA region). The majority of documents identified are written by government aid departments (eg USAID, Norad) but there are one or two produced by umbrella civil society organisations (such as Bond) or international legal think tanks (such as ICNL, the International Centre for Not for Profit Law). There was a remarkable consistency between the issues Millican addressed in the different documents although their size and length varied between outline guidance on 2 – 3 pages and a comprehensive (62 page) overview that included definitions of civil society, range of organisations, reasons for collaborating, mechanisms for financing, monitoring and ensuring accountability and challenges in and guidance on the ways in which donors might work with CSOs.
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Dalabajan, Dante, Ruth Mayne, Blandina Bobson, Hadeel Qazzaz, Henry Ushie, Jacobo Ocharan, Jason Farr et al. Towards a Just Energy Transition : Implications for communities in lower- and middle-income countries. Oxfam, décembre 2022. http://dx.doi.org/10.21201/2022.9936.

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More frequent or intense floods, heatwaves, wildfires, droughts and typhoons devastate people’s homes, livelihoods and the natural world. A clean energy transition is urgently needed to reduce carbon emissions and prevent the impacts worsening. Wealthy countries have the prime historic responsibility for the climate crisis and therefore for its mitigation. But as the clean energy transition gathers speed, it inevitably also impacts lower-income, lower-emitting countries and communities. This research report, written by 20 co-authors from Africa, Asia, Latin America, the Middle East, the US and Europe, investigates the implications of the energy transition for them, and asks how the world can achieve a truly just, as well as fast, transition. The findings highlight the stark choice facing humanity. If the transition is undertaken with justice and respect for communities’ rights at its heart, it offers an unprecedented opportunity to simultaneously mitigate the climate crisis and reduce poverty and inequality. Conversely, an unjust transition, which entrenches or exacerbates inequalities, risks generating public resistance and slowing the transition with devastating human consequences.
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