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1
Kużelewska, Elżbieta. "Jurisdiction of the European Court of Human Rights in the Baltic States’ Cases". Studies in Logic, Grammar and Rhetoric 59, n. 1 (1 settembre 2019): 97–109. http://dx.doi.org/10.2478/slgr-2019-0031.
Testo completoAbstract (sommario):
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.
2
Harbisch, Amelie. "Human Rights Relations between Europe and Russia". Politikon: The IAPSS Journal of Political Science 25 (15 dicembre 2014): 37–55. http://dx.doi.org/10.22151/politikon.25.3.
Testo completoAbstract (sommario):
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.
3
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.
Testo completoAbstract (sommario):
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.
4
Hins, Wouter, e Dirk Voorhoof. "Access to State-Held Information as a Fundamental Right under the European Convention on Human Rights". European Constitutional Law Review 3, n. 1 (febbraio 2007): 114–26. http://dx.doi.org/10.1017/s1574019607001149.
Testo completoAbstract (sommario):
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?
5
Topulli, Enela. "Securitization of Migration and Human Rights in Europe". European Journal of Multidisciplinary Studies 2, n. 1 (30 agosto 2016): 86. http://dx.doi.org/10.26417/ejms.v2i1.p86-92.
Testo completoAbstract (sommario):
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.
6
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, n. 04 (1 aprile 2023): 124–28. http://dx.doi.org/10.37547/tajpslc/volume05issue04-19.
Testo completoAbstract (sommario):
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.
7
Cucereanu, Dragos. "Cyberlibel Cases before the European Court of Human Rights: Estimating Possible Outcomes". Netherlands Quarterly of Human Rights 19, n. 1 (marzo 2001): 5–20. http://dx.doi.org/10.1177/092405190101900102.
Testo completoAbstract (sommario):
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.
8
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, n. 1 (gennaio 2008): 87–112. http://dx.doi.org/10.1017/s0020589308000043.
Testo completoAbstract (sommario):
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.
9
Černý, Petr. "The Right of Assembly in Central Europe". Age of Human Rights Journal, n. 15 (15 dicembre 2020): 163–85. http://dx.doi.org/10.17561/tahrj.v15.5786.
Testo completoAbstract (sommario):
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 dicembre 2016): 11–24. http://dx.doi.org/10.18778/0208-6069.77.02.
Testo completoAbstract (sommario):
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.
11
Toroman, Aleksandra. "Restrictions on human rights under the European Convention of Human Rights and fundamental freedoms: New tendencies". Zbornik radova Pravnog fakulteta, Novi Sad 56, n. 4 (2022): 1193–214. http://dx.doi.org/10.5937/zrpfns56-41253.
Testo completoAbstract (sommario):
The majority of human rights can be restricted in certain situations, despite their significance for every democratic society. That means that those rights are not absolute. Such situations represent, for example, war and states of emergency, according to the European Convention on Human Rights. Then, in order to protect the interest of the state and national security, human rights, that means the interests of individuals, come second. In that case, it is necessary to achieve a balance between the necessary restrictions and the preservation of the state's interests. One of the best examples of the restrictions of human rights during a state of emergency is the period of Covid-19. Many rights, such as the right to respect for private and family life, were restricted during Covid-19 in a number of countries in Europe, but each country established its own measures according to its own situation. The cases regarding these restrictions and violations will be submitted to the European Court of Human Rights in the years to come.
12
Bjerre Christensen, Janne. "Human Rights and Wrongs in Iran's Drug Diplomacy with Europe". Middle East Journal 71, n. 3 (1 agosto 2017): 403–32. http://dx.doi.org/10.3751/71.3.14.
Testo completoAbstract (sommario):
Europe has a strong interest in and a history of assisting Iran in controlling inflows of drugs from Afghanistan. But due to Iran's increasing use of the death penalty in drug trafficking cases, Europe has terminated its cooperation. Based on interviews with Iranian policy-makers and representatives of both human rights organizations and the United Nations Office on Drugs and Crime (UNODC), this article presents Denmark's withdrawal of drug control funding in 2013 as a case study, analyzing the dilemmas and trajectories of joint Iranian-European drug diplomacy and the prospects for reengagement following the nuclear agreement.
13
Aykan, Bahar. "Saving Hasankeyf: Limits and Possibilities of International Human Rights Law". International Journal of Cultural Property 25, n. 1 (febbraio 2018): 11–34. http://dx.doi.org/10.1017/s0940739118000036.
Testo completoAbstract (sommario):
Abstract:This article explores the limits and possibilities of international human rights law in protecting cultural heritage from state-led destruction. It does so by focusing on two attempts by activists and non-governmental organizations to have the United Nations and the Council of Europe intervene to save the ancient city of Hasankeyf in Turkey’s southeast region, which will soon be flooded by the reservoir waters of the Ilısu Dam. Adopting a heritage rights focus, these grassroots initiatives have argued that Hasankeyf’s destruction would constitute a violation of human rights because it would deprive people of their right to participate in, and benefit from, cultural heritage. I suggest that, as powerful attempts to link cultural heritage and human rights, these cases demonstrate the need for more effective and legally binding international frameworks to protect heritage rights as an aspect of human rights.
14
Nurhidayatuloh, Nurhidayatuloh, e Febrian Febrian. "ASEAN and European Human Rights Mechanisms, What Should be Improved?" PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, n. 01 (aprile 2019): 151–67. http://dx.doi.org/10.22304/pjih.v6n1.a8.
Testo completoAbstract (sommario):
The human rights mentioned in the Universal Declaration on Human Rights (UDHR) are universal values agreed upon countries in the world. This is reflected by the fact that no state rejects the United Nations General Assembly Resolution in 1948. It is even strengthened by the ratification of two major international human rights covenants, which have binding legal powers. They are the International Covenant on Civil and Political Rights and the Covenant on Economic, Social, and Cultural Rights in 1966. European states are legally bound to human rights through the European Human Rights Convention that is signed in 1950 and come into force in 1953. On the other hand, ASEAN states are bound to human rights as parties of ICCPR, ICESCR, and their commitment to the regional level ASEAN Declaration of Human Rights. Both in European Union and ASEAN have their own human rights mechanisms: the European Court of Human Rights (ECtHR) and ASEAN Intergovernmental Commission on Human Rights (AICHR). This study employed a comparison method with a normative legal research approach to compare the human rights mechanisms in Europe and in ASEAN. It also deals with the implementation of human rights protection by the states in the two regional organizations. As a result, although the two regional organizations have human rights mechanisms applied in their areas, with experiences through cases appealing to European Human Rights Courts, Europe provides more assurance and legal certainty towards individuals when a state commit human rights violations against individuals. On the other hand, the AICHR, as the equal commission in ASEAN region, tends not to have sufficient legal power in handling human rights cases occurred in its territory.
15
Nurhidayatuloh, Nurhidayatuloh, e Febrian Febrian. "ASEAN and European Human Rights Mechanisms, What Should be Improved?" PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, n. 01 (aprile 2019): 151–67. http://dx.doi.org/10.22304/pjih.v6n1.a8.
Testo completoAbstract (sommario):
The human rights mentioned in the Universal Declaration on Human Rights (UDHR) are universal values agreed upon countries in the world. This is reflected by the fact that no state rejects the United Nations General Assembly Resolution in 1948. It is even strengthened by the ratification of two major international human rights covenants, which have binding legal powers. They are the International Covenant on Civil and Political Rights and the Covenant on Economic, Social, and Cultural Rights in 1966. European states are legally bound to human rights through the European Human Rights Convention that is signed in 1950 and come into force in 1953. On the other hand, ASEAN states are bound to human rights as parties of ICCPR, ICESCR, and their commitment to the regional level ASEAN Declaration of Human Rights. Both in European Union and ASEAN have their own human rights mechanisms: the European Court of Human Rights (ECtHR) and ASEAN Intergovernmental Commission on Human Rights (AICHR). This study employed a comparison method with a normative legal research approach to compare the human rights mechanisms in Europe and in ASEAN. It also deals with the implementation of human rights protection by the states in the two regional organizations. As a result, although the two regional organizations have human rights mechanisms applied in their areas, with experiences through cases appealing to European Human Rights Courts, Europe provides more assurance and legal certainty towards individuals when a state commit human rights violations against individuals. On the other hand, the AICHR, as the equal commission in ASEAN region, tends not to have sufficient legal power in handling human rights cases occurred in its territory.
16
Lavrič, Miran, e Sergej Flere. "Divergent Trends in Legal Recognition of Religious Entities in Europe: The Cases of Slovenia and Hungary". Politics and Religion 8, n. 2 (25 marzo 2015): 286–304. http://dx.doi.org/10.1017/s1755048315000140.
Testo completoAbstract (sommario):
AbstractReligious dynamics in Europe, especially regarding religious pluralism, are largely affected by the characteristics of legal recognition of religious entities in individual countries. The implementation of the European Convention of Human Rights by the European Court of Human Rights clearly points to democratic pluralism as the essential principle in treating religious entities by the state. On the other hand, the situation in European countries is very complex and certain tendencies opposite to the European Convention of Human Rights directions, particularly in terms of privileging of traditional entities, are still deeply entrenched. Recent changes in Slovenia, where two essentially parody religions have been registered, and in Hungary, where registration and recognition of previously registered churches have been annulled, are considered. It is argued that the implementation of the liberal course set by the Council of Europe is (still) largely dependent on the political situation in individual countries.
17
Park, ZinWan. "Reconciliation of privacy and public interest in cases von Hannover v Germany (no. 2) and (no. 3) of the European Court of Human Rights". Korean Constitutional Law Association 28, n. 4 (30 dicembre 2022): 491–534. http://dx.doi.org/10.35901/kjcl.2022.28.4.491.
Testo completoAbstract (sommario):
Regarding the issue of the unity of the protection of fundamental rights in Europe, it is necessary to review the content of the European Court of Human Rights precedents on the conflict between the protection of privacy in Article 8 of the European Convention on Human Rights and the freedom of expression in Article 10 of the European Court of Human Rights, as shown in the the European Court of Human Rights' rulings on Hannover v Germany in 2004 and no. 2 and no. 3. With regard to these rulings it needs to be reviewed first and foremost whether German courts have accepted its obligation to protect rights of the European Convention on Human Rights and the European Human Rights Court's specific judgment standards established through its judicial precedents. The legal review of whether or not the courts of the member states of the Convention accept the decisions of the European Court of Human Rights in terms of fundamental rights dogmatic and fundamental rights theory is whether the scope of discretionary evaluation recognized by the courts of contracting state related to the guarantee of the European Convention on Human Rights is violated. The precedent of the European Court of Human Rights, which applies the public person doctrine only as a standard for legal interest balancing test to resolve cases of conflict of fundamental rights, cannot be cited as theoretical basis that public persons receive less or weaker protection of privacy rights than ordinary persons, or that there is legal basis for justifying discriminatory treatment for their privacy rights protection. Judgments of the European Court of Human Rights, which does not apply public figure doctrine as a means to determine the scope of protection of the right to privacy of public persons, but only uses it as a quantifying weighing factor with other rights or public interests suggest that the right to privacy of public figures is not guaranteed in the form of an unlimited absolute right, but a provisional right (prima-facie- Recht). It means that the scope of protection of public figure’s privacy right as a fundamental right is determined in the process of balancing test between two coflicting fundamental rights, such as privacy rights and freedom of expression, or the public interest, which is in conflict with it.
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Berry, Stephanie E. "A ‘good faith’ interpretation of the right to manifest religion? The diverging approaches of the European Court of Human Rights and the UN Human Rights Committee". Legal Studies 37, n. 4 (dicembre 2017): 672–94. http://dx.doi.org/10.1111/lest.12168.
Testo completoAbstract (sommario):
The European Court of Human Rights (ECtHR) and UN Human Rights Committee have reached contradictory decisions in cases concerning the right to manifest religion. This discrepancy calls into question the universality of the right and is problematic from the perspective of legal certainty. Consequently, this article explores the extent to which the diverging decisions of these two bodies are compatible with a good faith interpretation of the right to manifest religion. A good faith interpretation of the right is identified by utilising the travaux préparatoires and subsequent interpretations. It is argued that by failing to scrutinise the necessity of restrictions and the role of secularism, the ECtHR has undermined this good faith interpretation and, in so doing, is not fulfilling its role as ‘the conscience of Europe’.
19
Pushkar, Pavlo. "Cases of the European Court of Human Rights significant for European integration of Ukraine: “Maidan judgments” concerning Ukraine, of 21 January 2021 (final on 21 April 2021)". NaUKMA Research Papers. Law 7 (20 luglio 2021): 96–101. http://dx.doi.org/10.18523/2617-2607.2021.7.96-101.
Testo completoAbstract (sommario):
The present case commentary is focused on cases concerning the so-called Maidan events of 2013-2014. The commentary suggests that the cases at issue underline existence of the long-standing systemic and structural problems within the domestic legal system of Ukraine, which need to be resolved, notably in order to harmonise the legislative and institutional framework of protection of human rights with the requirements of the European human rights law, which incorporates both the European Convention of Human Rights and the EU Charter of Fundamental Rights. The cases touch upon a number of previously deficient legislative provisions and institutional practices. However, most importantly they underline the need to adopt legislation to regulate and ensure protection of freedom of association. Such demand is clearly ensuing from the case-law of the Court and its findings in specific cases as to the lack of coherent legislative framework for this right. The extensive Council of Europe expertise in the area covered by the judgments is surely of reference to the implementation measures – the CPT standards, Venice Commission recommendations, other elements, as well as the findings of the International Advisory Panel are all of relevance. Change is needed urgently as the problems identified in the judgments of the Court clearly fall within the rule of law and justice cooperation aspects of interaction not only with the Council of Europe, but also with the European Union, under the Association Agreement with Ukraine.
20
Simmons, William Paul. "Rethinking Dignity and Exploitation in Human Trafficking and Sex Workers’ Rights Cases". Societies 14, n. 2 (26 gennaio 2024): 16. http://dx.doi.org/10.3390/soc14020016.
Testo completoAbstract (sommario):
As forced migration increases dramatically due to such factors as climate change, rising conflict, and authoritarianism, more legal cases on human trafficking and sex work are sure to arise. To date, very few cases on these issues have been decided in international human rights tribunals, and they have been subject to extensive criticism, especially for their conflation of slavery, human trafficking, forced prostitution, and consensual sex work. This manuscript analyzes recent jurisprudence from Europe and Africa to address this conceptual confusion and argue that tribunals must interrogate their use of the terms dignity and exploitation or risk further marginalizing already marginalized people.
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Трикоз, Елена, Elena Trikoz, Елена Гуляева e Elena Trikoz. "ECtHR positions on some issues of bioethics and genetic data". Advances in Law Studies 6, n. 4 (28 dicembre 2018): 36–40. http://dx.doi.org/10.29039/article_5c262a69e93965.64541906.
Testo completoAbstract (sommario):
This study focuses on international law protection, including means of procedural protection in the European Court of Human Rights, of such a fundamental right as respect for the dignity, uniqueness and uniqueness of a person, regardless of his genetic characteristics. After analyzing the emerging judicial practice in the ECtHR, the authors distinguish two categories of cases for the protection of genetic dignity, bioethics and biosecurity. The first group includes cases involving direct violations of the 1950 the Convention for the Protection of Human Rights and Fundamental Freedoms; and in the second group – subsidiary violations of the “Oviedo Convention” and the recommendations of the Steering Committee of the Council of Europe on bioethics. The authors focused on violations of reproductive rights, storage by public authorities of DNA samples and human cells, and access to information on biological origin.
22
Barth, William. "Minority Rights, Multiculturalism and the Roma of Europe". Nordic Journal of International Law 76, n. 4 (2007): 363–406. http://dx.doi.org/10.1163/090273507x249200.
Testo completoAbstract (sommario):
AbstractIn this article, I review legal initiativaes to improve conditions for the Roma peoples who live in the states of Europe. The question is timely given the accession of Romania and Bulgaria to the European Union on 1 January 2007. Romania contains the largest concentration of the Roma population in Europe. My article uncovers a schism between political theory and international law on the question of minority rights. I distinguish how the conclusions of Will Kymlicka, one of the most prolific writers on the subject of multiculturalism in political theory, differ from the international jurisprudence that protects minority groups. In this essay, I analyse Kymlicka's claim that multicultural policies are contextually dependent, and an inappropriate subject for a common legal regime of international human rights treaties. To determine the implications of human rights jurisprudence for this normative claim, I also research court cases filed by the Roma under the European Framework Convention for the Protection of Minorities and the European Convention for the Protection of Human Rights and Fundamental Freedoms. I contrast the international treaties that protect minority groups from political theorist accounts of multiculturalism in three areas. First, my article discusses jurisdictional issues concerning whether the particular groups defined by minority rights, irrespective of their geographical location or contextual experience, are proper subjects for protection by a common rights regime. Next, I illustrate how cultural rights are distinguishable from traditional civil rights laws. Finally, I examine how the historic persecution of the Roma violates human rights standards that protect minorities. The Roma have a long and unique relationship with the European states, which serves to demonstrate whether or not a common regime of minority rights safeguards the cultural development of the Roma.
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Gerards, Janneke. "Moving Away from Open Judicial Balancing Review". Law & Practice of International Courts and Tribunals 22, n. 2 (21 luglio 2023): 365–83. http://dx.doi.org/10.1163/15718034-bja10096.
Testo completoAbstract (sommario):
Abstract The Covid-19 pandemic truly has been called a global crisis. To fight the spread of the virus, many States have introduced measures that seriously restrict or affect fundamental rights, ranging from procedural rights to the freedom of movement and the right to personal autonomy. In Europe, it is to be expected that many cases concerning such rights infringements eventually will come before the European Court of Human Rights (ECtHR). This contribution aims to give an insight into how the Court will likely give shape to its proportionality test in such cases. It thereby predicts that open balancing review – for which the ECtHR is famous – will play a much less important role than methods of reasoning by analogy and procedural review.
24
Yamelska, Kh. "PREVENTION OF TORTURE ON THE TEMPORARILY OCCUPIED TERRITORIES OF UKRAINE". Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, n. 118 (2021): 142–47. http://dx.doi.org/10.17721/1728-2195/2021/3.118-24.
Testo completoAbstract (sommario):
The article reveals the content of armed aggression and the legal status of the temporarily occupied territories of Ukraine. Russia's aggression against Ukraine is considered in historical retrospect. Cases of torture and other ill-treatment on the temporarily occupied territories have been demonstrated in specific cases. The article examines the state of human rights on the temporarily occupied territories, namely the prevention of torture and other ill-treatment. Ways to prevent torture and ill-treatment in order to respect human rights and maintain the rule of law have been identified. The author determined that system of counteraction to aggression of Russia, which consists the political, legal and economic means, includes the prevention of torture and ill-treatment.The author notes that the adoption of UN GA resolutions and other documents of the Committee of Ministers of the Council of Europe, the Parliamentary Assembly of the Council of Europe, the Organization for Security and Co-operation in Europe are new elements of increasing legal pressure on Russia. The submission of interstate applications by the Government of Ukraine to the European Court of Human Rights against the Russian Federation is one of the effective means of preventing torture. The article reveals the impact of expert and advocacy activities of non-governmental human rights organizations on the prevention of torture and the state of human rights on the temporarily occupied territories. It is noted that maintaining contacts with the citizens of the Autonomous Republic of Crimea, constant informing, as well as obtaining information by the Ukrainian side on the state of human rights in the temporarily occupied territory provides an opportunity to partially prevent such violations and allow future reintegration of these territories. Keywords: prevention of torture, temporarily occupied territories, armed aggression, observance of human rights.
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Chui, Wing Hong. "Prisoners' Right to Vote in Hong Kong: A Human Rights Perspective". Asian Journal of Social Science 35, n. 2 (2007): 179–94. http://dx.doi.org/10.1163/156853107x203423.
Testo completoAbstract (sommario):
AbstractAccording to Article 26 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, permanent residents shall have the right to vote and the right to stand for election in accordance with the law. In the eyes of the public, voting is a fundamental right of democracy and promotes citizen participation in choosing the people to represent them in the political system. It is true to say that, 'an inclusive democracy values all of its citizens' (Right to Vote, 2005). However, does every citizen who is above 18 years old have the right to vote in Hong Kong? While prisoners are deprived the right to vote in Hong Kong, other jurisdictions such as the United Kingdom, Europe, and Canada currently practise criminal disenfranchisement in more limited ways. To fill the gap, this paper aims to examine whether laws should be reviewed and amended to remove the barrier to voting faced by the prisoner in Hong Kong. It argues that Hong Kong should grant the right of prisoners to vote through examining relevant laws and several landmark court cases.
26
Fyrnys, Markus. "Expanding Competences by Judicial Lawmaking: The Pilot Judgment Procedure of the European Court of Human Rights". German Law Journal 12, n. 5 (1 maggio 2011): 1231–60. http://dx.doi.org/10.1017/s2071832200017284.
Testo completoAbstract (sommario):
The institutional design of the Strasbourg system that has evolved over the last decades is an expression of contemporary debates surrounding the system's very nature and purpose. The current debate primarily bears on the range of choices that the Council of Europe faces in adapting to the changes in Europe, which largely have been caused by its expansion to cover nearly all post-Communist States of Central and Eastern Europe since the 1990s. This expansion, and with it the extension of the scope of the European Convention on Human Rights (the Convention) to now more than 800 million people in forty seven countries, has confronted the European Court of Human Rights (the Court) with a far broader range of human rights problems than had previously existed. By 2010, the number of pending cases had risen to 139,650 but the Court's adjudicative capacity remains limited.
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Trispiotis, Ilias. "TWO INTERPRETATIONS OF “LIVING TOGETHER” IN EUROPEAN HUMAN RIGHTS LAW". Cambridge Law Journal 75, n. 3 (13 settembre 2016): 580–607. http://dx.doi.org/10.1017/s0008197316000568.
Testo completoAbstract (sommario):
AbstractThe European Court of Human Rights (ECtHR) and the Council of Europe have recently recognised “living together” as a legitimate dimension of the rights of others that could justify limitations on various European Convention on Human Rights (ECHR) rights, including the rights to freedom of religion and respect for private life. This article argues that the important, yet still unexplored in human rights law, idea of “living together” stems from the republican ideal of fraternity and supplements the distinctive links between democratic principles and rigorous human rights protection. Even so, its justifiability as a limitation ground depends on which conception of the idea is compatible with core values and functions served by human rights under the Convention. This article distinguishes between two main interpretations of “living together”, grounded on responsibility and conformity. It is argued that, in cases touching on our expressive conduct in public, including cases on the wearing of full-face veils, a conformity conception of “living together” sits uneasily both with firmly established case law of the ECtHR and with certain key functions of rights, such as the exclusion of moralistic majoritarian preferences as grounds for coercive prohibitions.
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Bregu, Meljana. "The Protection of Human Rights in Post-Communist Albania". European Journal of Social Sciences Education and Research 7, n. 1 (1 dicembre 2016): 63. http://dx.doi.org/10.26417/ejser.v7i1.p63-69.
Testo completoAbstract (sommario):
Albania was one of the most isolated countries in Europe for nearly 45 years. During the communist era, the legal system was under the direct control of the Party of Labor. The protection of human rights in the first years of the communist regime was clearly shaped on the soviet principles. The criminal code of Albania was the symbol of a repressive system, regardless of human rights protection, crimes punishable by death were sanctioned by various articles, including “agitation and propaganda against the state” and ‘activities against the revolutionary movement of the working class”. Hoxha also closed the Ministry of Justice and banned the private practice of law as a consequence the right to a fair trial was denied. After the fall of communism Albania has made significant progress toward respect for civil and political rights, especially toward the right to a fair trial. The constitution of 1998 protects the right to a fair trial in chapter two and one important step is the ratification of the European Convention on Human Rights in 1996, which guarantee the right to a fair trial in article six. Still, 25 years of transformation are not enough to wipe away the legacy of the past; the lack of human rights mechanisms poses a serious challenge to the Albanian democratic system. Still today Albania faces important issues concerning the protection of human rights generally and particularly the right to a fair trial. This fact is evident if we refer to the cases of the European Court of human rights versus Albania dealing with the application of article 6 of the Convention.The paper aims to address the protection of human rights after the demise of the communist regime, especially regarding the right to a fair trail, analyzing the progress but also the continuity in some aspects with the past.
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Cavallaro, James L., e Stephanie Erin Brewer. "Reevaluating Regional Human Rights Litigation in the Twenty-First Century: The Case of the Inter-American Court". American Journal of International Law 102, n. 4 (ottobre 2008): 768–827. http://dx.doi.org/10.2307/20456681.
Testo completoAbstract (sommario):
Over the past few decades, regional human rights tribunals have grown in both number and activity. The European Court of Human Rights (European Court or ECHR) now receives tens of thousands of petitions and issues over fifteen hundred judgments on the merits each year. The Inter-American Court of Human Rights recently tripled the number of cases that it resolves annually. At the time of this writing, in mid-2008, Africa’s own regional human rights court, the African Court on Human and Peoples’ Rights, prepares to begin hearing its first contentious cases. Currently, sixty-eight states are subject to the decisions of the two established regional courts (forty-seven in Europe and twenty-one in the Americas), up from less than half that number twenty years ago. In the nascent African system, twenty-four African Union member states have ratified the Protocol establishing the African Court, with an additional twenty-five signatory states.
30
Droubi, Sufyan. "An Interdisciplinary Dialogue with the Business and Human Rights Literature". Israel Law Review 55, n. 1 (4 febbraio 2022): 64–96. http://dx.doi.org/10.1017/s0021223721000273.
Testo completoAbstract (sommario):
The article draws on scholarships in the areas of international law, inequality and energy justice to engage in a dialogue with the business and human rights literature, from the perspective of the global south and Latin America, in particular. It engages with Gwynne Skinner's monograph about overcoming barriers to judicial remedy for corporate abuses of human rights. Skinner argues that if victims of these abuses cannot secure remedy in the countries in which the abuses occur – because of weak or corrupt institutions, among other factors – then the victims have a right to remedy in the home countries of the corporations and in countries in which they may conduct business – specifically, the United States, Canada and Europe. Skinner recommends that new legislation be introduced in these countries to ensure that their courts have jurisdiction to hear cases, under international human rights law, even when the cases have little or no links with the forum countries. I argue that a more robust international law and interdisciplinary approach shows that international human rights law alone provides a weak basis for the recommendations. I also reflect on part of the narrative that supports Skinner's argument, which builds a negative image of the courts in developing countries, to argue that this is unnecessary and that expansions of the bases of jurisdiction should be implemented on specific and stronger reasons.
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Turuta, O., e O. Turuta. "Artificial intelligence through the prism of fundamental human rights". Uzhhorod National University Herald. Series: Law, n. 71 (25 agosto 2022): 49–54. http://dx.doi.org/10.24144/2307-3322.2022.71.7.
Testo completoAbstract (sommario):
The article analyzes the development of artificial intelligence and its impact on human rights. The ways of introducing artificial intelligence technologies into various spheres of human life are determined. It is considered how different artificial intelligence systems are used today in the world and how they can help and harm society. The analysis of the impact of artificial intelligence on human rights is based on documents widely used in Europe and containing a wide range of human rights, the General Declaration of Human Rights of 1948, the International Covenant on Civil and Political Rights, economic, social and cultural rights of 1966 and the Charter of Fundamental EU rights. The misuse of artificial intelligence algorithms creates many problems, such as violation of the right to life, the right to privacy, restriction of freedom of speech and opinion, violation of the right to a fair trial and the presumption of innocence, the right to equal opportunity and non-discrimination, the right to work, etc. Since artificial intelligence technologies use certain data sets, the violation of the rights of certain groups of the population is most often observed. These may include women and children, as well as certain ethnic, racial or religious groups. The article concludes that the introduction of artificial intelligence technologies in various areas of life can qualitatively change them and increase the effectiveness of any human work. However, the rapid development of technology can have a negative impact on human rights. Risks to fundamental human rights stem from the inability to foresee the consequences of such new technology. Governments of the world and companies using artificial intelligence technologies should be aware of the imperfection of the data on which the technology is trained, and take care to prevent discrimination and violations of human rights, be ready to provide timely and effective remedies in cases where decisions made by machines, turn out to be wrong.
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Gliszczyńska-Grabias, Aleksandra. "Communism Equals or Versus Nazism?" East European Politics and Societies: and Cultures 30, n. 1 (15 gennaio 2016): 74–96. http://dx.doi.org/10.1177/0888325415570966.
Testo completoAbstract (sommario):
The accession of post-communist states into the Council of Europe system enlarged greatly the territory of effective protection of human rights in Europe and at the same time compelled the European Court of Human Rights to address the current effects of past violations of human rights by communist regimes. It gave the Court an opportunity to establish a legal standard of how to deal with matters such as the public presence of communist symbols and insignia, de-registration of neo-Communist parties, and the relevance of past membership in the Communist parties for an exercise of electoral rights in a newly democratized state. This opportunity was at the same time a challenge, and the Court was less than successful in meeting this challenge, despite the fact that it had already established the relevant legal standards when deciding about the cases triggered by the Nazi past. Without making it explicit, and without articulating openly the relevant differences, the Court has not established any equivalence between legal treatments of the aftermath of the two types of criminal regimes in the European recent past. The article discusses three recent cases belonging to these categories and concludes that there is a clear contrast between the Court’s treatment of “post-ommunist” cases and the same Court’s earlier treatment of equivalent “post-Nazi” cases; the article offers some explanations for the discrepancy which reflects a broader dualism in European collective memory of the past.
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Szappanyos, Melinda. "Artificial Intelligence: Is the European Court of Human Rights Prepared?" Acta Humana 11, n. 1 (31 marzo 2023): 93–110. http://dx.doi.org/10.32566/ah.2023.1.6.
Testo completoAbstract (sommario):
It is widely known that artificial intelligence is part of our lives. It is also generally feared that artificial intelligence has a potential to endanger human rights in this digital age. The paper intends to examine whether the European Court of Human Rights, dedicated to protecting human rights in Europe, has been forced to deal with artificial intelligence. The main focus of the analysis is the case law of the Court: after the identification of the human rights potentially in danger, the database of the Court’s case law, HUDOC, has been screened by keyword search. Based on the examination of the jurisprudence, the paper will disclose if the Court has artificial intelligencerelated cases and attempts to predict whether it ever will.
34
Sacksofsky, Ute. "Ernst-Wolfgang Böckenförde's Oeuvre on Religious Freedom Applied to Recent Decisions of the European Court of Human Rights". German Law Journal 19, n. 2 (1 maggio 2018): 301–20. http://dx.doi.org/10.1017/s2071832200022707.
Testo completoAbstract (sommario):
In Europe, issues concerning religious freedom are hotly debated. Many courts had to consider cases concerning infringement of religious freedom. This Article will focus on three examples: Headscarves, burqas, and crucifixes. Often, the interests of members of minority religions have lost in European courts and European constitutional courts. This is particularly true considering the decisions of the European Court of Human Rights. The European Court of Human Rights upheld bans on headscarves for students in universities and public secondary schools, as well as for teachers in public schools. The Court also accepted bans on full-body veils worn in public areas. Finally, mandatory crucifixes in public schools have been deemed to conform to the standards set by the European Convention on Human Rights. In all of these cases, the European Court of Human Rights has not adequately construed religious freedom as a strong right.This is where the work of Ernst-Wolfgang Böckenförde comes in. Böckenförde has thoroughly discussed the proper role of religion in a democratic society. Coming from a theoretical starting point, he developed an understanding of religious freedom as a strong right. He also explained why State neutrality should be understood in terms of open neutrality. Both perspectives help to more fully explain the scope of religious freedom.
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Skeet, Charlotte Helen. "Orientalism in the European Court of Human Rights". Religion & Human Rights 14, n. 1 (27 marzo 2019): 31–63. http://dx.doi.org/10.1163/18710328-13021145.
Testo completoAbstract (sommario):
Abstract This article provides an anti-Orientalist critique of jurisprudence within the European Court of Human Rights. Discussion is located in the context of the longstanding debate over what it is to be “European” and an awareness of how these wider discourses shape rights adjudication at national and intra-national levels in Europe. Argument draws on literature from post-colonial theorists, cultural studies, and feminist legal theory which identify and discuss “Orientalist” discourses to analyse the production of legal knowledge and jurisprudence from the European Court of Human Rights. The article argues that Orientalist discourses affect the ways that the Court constructs and positions both the claimant and the respondent state in human rights claims. These constructions influence cases involving Muslim claimants and have a particularly negative impact on the outcome of claims by visibly-Muslim women. The final part of the article suggests ways that these negative discourses and constructions can be countered.
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Maryniv, Ivanna, e Anastasiya Yarmak. "International legal regulation of somatic human rights". Law and innovations, n. 1 (33) (5 aprile 2021): 62–67. http://dx.doi.org/10.37772/2518-1718-2021-1(33)-9.
Testo completoAbstract (sommario):
A problem statement. The development of biology and medicine has led to the formation of a new philosophical discipline and section of applied ethics - bioethics. In the legal field, this development can be traced to the emergence of a new group of human rights - somatic rights, relating to the human authority to dispose of his body intervention. The author`s aim is to analyze international legal acts that directly or indirectly relate to the legal regulation of somatic rights, as well as, the practice of protection of such rights in the European Court of Human Rights. Аnalysis of research and publications. Bioethical issues are increasingly attracting the attention of authors working in various fields of scientific knowledge, among them Ę J. Sudo, Di Bernardo J., Ramon L. Lucas, E. Zgrechcha, B. Yudin, A. Ivanyushkin, M. Chashchin, O. Lishchynska-Mylyan, S. Pustovit, I. Boyko and others. P. Witte, S. Stetsenko, I. Senyuta, R. Grevtsova, M. Medvedev, A. Abashidze, A. Solntsev, E. Tarasyants. In other way, Sedova, A. Ovsyuk, P. Tishchenko, G. Tereshkevich, O. Kashintseva explore the legal problems of bioethics, in particular, their international legal aspects. The main text. The article examines how bioethical, biomedical and somatic rights are enshrined in the Council of Europe Convention for the Protection of Human Rights and Dignity in the Use of Biological and Medical Achievements 1997: the Convention on Human Rights and Biomedicine (Oviedo Convention). The case law of the European Court of Human Rights examines the main groups of violated rights of applicants, which are indirectly related to the protection of bioethical, biomedical and somatic rights, namely: violations of reproductive human rights (right to legal abortion, right to give birth at home), violation of consent to medical examination or treatment, violation of the rights of HIV-infected / serious diseases. Two main features of the introduction of bioethical standards in lawmaking are considered: ensuring a balance of interests (holism against individualism) and the application of the precautionary principle as one of the ethical principles. Conclusions. Despite the fact that the right to health refers to international human rights standards, the implementation of which is carried out at both national and international levels, at present, neither at the universal level nor at the regional level. levels do not create specialized international legal mechanisms for the protection of biomedical rights. In most cases, these rights are protected by recourse to the European Court of Human Rights for finding violations of the relevant articles of the European Convention on Human Rights and Fundamental Freedoms: the right to life, the prohibition of torture, and privacy.
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Белова, Габриэлла, Gabriela Belova, Мария Хаджипетрова-Лачова e 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, n. 1 (15 giugno 2014): 68–74. http://dx.doi.org/10.12737/5251.
Testo completoAbstract (sommario):
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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Hajdari, Niman. "Presence of Prisoners with Mental Health Prisoners in Detention and Correctional Centers in the Republic of Kosovo". Torture Journal 34, n. 1 (28 maggio 2024): 150–52. http://dx.doi.org/10.7146/torture.v34i1.143217.
Testo completoAbstract (sommario):
Conventions adopted by the United Nations and Council of Europe pay special importance to the treatment of prisoners with mental health problems. Their treatment is closely related to respect for human dignity, torture, cruel and degrading treatment or punishment. The European Court of Human Rights, in many cases, has ruled that the detention of a mentally-ill person can raise issues from Article 3 of the European Convention on Human Rights and that the lack of adequate medical care can result in treatment contrary to this article, especially with regard to inhumane and degrading treatment or punishment. The Republic of Kosovo is not a member of the United Nations and Council of Europe. However, it has incorporated in its Constitution a number of Conventions adopted by the United Nations and Council of Europe, which are very important international instruments for the protection of Human Rights and Fundamental Freedoms. Also, Kosovo has adopted a legal frame work which prohibits torture, cruel and degrading treatment or punishment in accordance with the international Human Rights standards. The Constitution, also provides that Human Rights and Fundamental Freedoms guaranteed by the Constitution shall be interpreted in accordance with the case law of the European Court of Human Rights. This paper is based on the reports of international Human Rights monitoring mechanisms and their findings regarding treatment of prisoners with mental health problems, such as Council of Europe Committee for the Prevention of Torture, Ombudsperson of Kosovo reports, reports of governmental bodies, as well as reports of Kosovo NGOs, which are authorized to monitor Human Rights situation in places of deprivation of liberty. Based on Ombudsperson’s reports, Committee for the Prevention of Torture reports, reports of Prison Health Department of Kosovo Ministry of Health, as well as reports of the NGOs in Kosovo, the treatment of prisoners with serious mental problems in detention and correctional centers in the Republic of Kosovo remains a serious challenge, despite the efforts of the competent authorities to change this situation and to increase human and institutional capacities. Prisoners with serious mental health problems continue to be accommodated in detention and correctional centers, instead of being accommodated in the relevant health institutions, due to the lack of institutional capacities and personnel. Key words: Human Rights, mentally ill prisoners, international standards, applicable legislation in Kosovo
39
Kooijmans, P. H. "Inter-State Dispute Settlement in the Field of Human Rights". Leiden Journal of International Law 3, n. 3 (dicembre 1990): 87–98. http://dx.doi.org/10.1017/s092215650000220x.
Testo completoAbstract (sommario):
Inter-state disputes on human rights issues have been a far from exceptional phenomenon. During the Cold War the human rights question deeply divided the countries belonging to the Western and the communist blocs. Relations between developed and developing countries quite often have been heavily strained by controversies on human rights. But even within a group of countries belonging to an alliance or a homogeneous regional organization, human rights issues from time to time have been the cause of serious difficulties; e.g., the human rights record of Greece and Portugal within NATO and that of Greece and Turkey within the Council of Europe. Hardly ever have such disputes been subjected to third party dispute settlement machinery, even if such machinery was available. Most human rights treaties have a so-called procedure for state complaints, although in most cases acceptance of such a procedure is optional for the state parties. Only under two treaties, the European Convention on Human Rights and the UN Convention on the Elimination of All Forms of Racial Discrimination, it is mandatory for any state party against which a complaint by another state party is made, to submit itself to such a procedure. In most cases the procedures are of a fact-finding and mediatory character.Again, only under two (regional) treaties, the European and the American Convention on Human Rights, the initiating of such a procedure may lead to a binding decision.
40
Bauloz, Céline. "Foreigners: Wanted Dead or Alive?" European Journal of Migration and Law 18, n. 4 (14 novembre 2016): 409–41. http://dx.doi.org/10.1163/15718166-12342108.
Testo completoAbstract (sommario):
While non-refoulement is an absolute principle of international human rights law, its application to seriously ill individuals exposed to premature death and physical and mental suffering because of the substandard medical system in their country of origin seems to have followed a double standard in Europe. On the one hand, medical cases are increasingly treated at the margin of the non-refoulement principle by the European Court of Human Rights, being only covered in highly exceptional cases. On the other hand, seriously ill individuals have been excluded from the scope of subsidiary protection in the European Union as confirmed by the Court of Justice of the European Union. Against such restrictive interpretations, the present article calls for an integrated approach where all non-refoulement claims, including those on medical grounds, are to be assessed along the same criteria so as to ensure seriously ill individuals a genuine right to live in dignity.
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Magliveras, Konstantinos, e Gino Naldi. "THE ARAB COURT OF HUMAN RIGHTS: A STUDY IN IMPOTENCE". Revue québécoise de droit international 29, n. 2 (22 maggio 2018): 147–72. http://dx.doi.org/10.7202/1046511ar.
Testo completoAbstract (sommario):
An Arab human rights system remains relatively underdeveloped to this day. On September 7th 2014, the League of Arab States approved the Statute of the Arab Court of Human Rights (ACtHR) finalizing a twenty-year process to put in place a human rights mechanism resembling those operating in other regions such as Europe and the Americas. The focus of this article is on the Statute, but in view of the fact that the ACtHR’s jurisdiction is fundamentally limited to interstate cases concerning the application and interpretation of the Arab Charter on Human Rights of 2004 (2004 Charter), the 2004 Charter, revising the defunct Arab Charter on Human Rights of 1994, is briefly examined and, while progressive in parts, it is found to be imperfect in many ways. The mandate of the Arab Human Rights Committee established thereunder is looked into but its role is found to be extremely limited. The article proceeds to analyze the salient features of the Statute, which was concluded independently of the 2004 Charter, and makes comparisons with the other regional systems. The Statute is considered flawed because it confers limited powers on the ACtHR; foremost, its competence is restricted to interstate cases only, individuals have no rights of access. Taking the omission of certain judicial functions into consideration the conclusion is that the ACtHR as conceived by the Statute is unlikely to prove a forceful guardian of human rights in a troubled region.
42
Ragone, Sabrina, e Valentina Volpe. "An Emerging Right to a “Gay” Family Life? The CaseOliari v. Italyin a Comparative Perspective". German Law Journal 17, n. 3 (1 giugno 2016): 451–85. http://dx.doi.org/10.1017/s2071832200019830.
Testo completoAbstract (sommario):
This Article analyses, through the lens of comparative law, theOliari and others v. Italyjudgment, which was issued by the European Court of Human Rights (ECtHR) in July 2015. TheOliaricase is important for being the first judgment in which the ECtHR established the granting of legal “recognition and protection” to same-sex couples as a positive obligation for the Member States of the Council of Europe on the basis of Article 8 of the European Convention on Human Rights. In order to understand the role of judicial bodies in the progressive protection of homosexual rights, this Article combines an analysis of European case law with the national perspective. As it concerns the supranational facet, the authors illustrateOliari's reasoning and situate the case in the jurisprudence of the ECtHR. Elements of both continuity and innovation emerge from the analysis, as well as a relevant dimension of judicial dialogue supporting the incremental recognition of gay rights in Europe. As it concerns the national facet, this specific case was initially dealt with at the domestic level and was the object of judgment 138/2010 by the Italian Constitutional Court. The judgment is critically put into perspective through the examination of the jurisprudence of other European Constitutional Courts (France, Portugal and Spain) that were called on to decide similar cases in the same period. Therefore, the Article offers a comparative analysis of theOliarijudgment clarifying its relevance and speculating on the potential value of this case for the future recognition of the right to a “gay” family life in Europe.
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Gragl, Paul. "A giant leap for European Human Rights? The Final Agreement on the European Unions accession to the European Convention on Human Rights". Common Market Law Review 51, Issue 1 (1 febbraio 2014): 13–58. http://dx.doi.org/10.54648/cola2014002.
Testo completoAbstract (sommario):
After the EU's accession to the ECHR has been discussed for more than thirty years, an Accession Agreement has been finalized in 2013. By subjecting EU law to the supervision of the ECtHR and by enabling individuals to submit complaints against the EU institutions to Strasbourg, one of the last gaps in European human rights protection will be overcome. But accession may not take place as swiftly as some may hope for, as many legal problems remain unsolved. This article examines the most urgent legal issues in the context of accession, such as its scope and legal effects; its procedural aspects (the co-respondent mechanism, inter-Party cases, and the prior involvement procedure) and their relation to the Union's legal autonomy; and the institutional interlacing of the EU and the Council of Europe and the former's future involvement in the Parliamentary Assembly and in the Committee of Ministers.
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YAMELSKA, Khrystyna. "Formation of a human-centric approach to the prevention of torture in Ukraine". Economics. Finances. Law, n. 4/1 (29 aprile 2021): 24–27. http://dx.doi.org/10.37634/efp.2021.4(1).5.
Testo completoAbstract (sommario):
The paper is concerned with the role of key international human rights standards and soft law instruments of the Council of Europe in the preventing ill-treatment of persons deprived of their liberty in the context of the human centrist approach. The paper determine the purpose of the formation of human-centric legal ideology in Ukraine, which is the creation of a mechanism of effective restriction of public power in the interests of protecting the fundamental rights. The paper is dedicated to the doctrine of human-centric legal ideology in Ukraine and its human dignity key element. Considering the fact that the process of forming a democratic human-centric legal ideology in Ukraine is still not complete, the paper highlights the cases of mass violations of fundamental human rights by law enforcement agencies, where a special problem is the illegal practice of law enforcement agencies against human dignity. One of its case is the ill-treatment and use of torture against persons deprived of their liberty. The paper highlights the ways to protect the right to dignity through the prism of legislative activity of government bodies and advocacy of civil society institutions. The Article 28 of the Constitution of Ukraine, which establishes the right to respect for human dignity as one of the key values of the Ukrainian legal system, is revealed. The category of dignity is revealed through the prism of Articles 5 of the Universal Declaration of Human Rights of December 10, 1948, Articles 7 and 10 of the International Covenant on Civil and Political Rights of December 16, 1966 and Article 3 of the European Convention on Human Rights of November 4, 1950. Judgments of the European Court of Human Rights, acts of the European Committee against Torture.
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Slavko, A., e A. Chernyavskii. "Academic freedom restrictions in the practice of the European Court of Human Rights". Analytical and Comparative Jurisprudence, n. 2 (11 maggio 2024): 773–78. http://dx.doi.org/10.24144/2788-6018.2024.02.127.
Testo completoAbstract (sommario):
Academic freedom is one of the cornerstones of the development of society as a whole, as it plays a critical role in scientific research and technological progress. The importance of academic freedom is also evidenced by its mention in many documents, from the Charter of Fundamental Rights of the European Union to the Magna Carta of European Universities. The Council of Europe also devotes considerable attention to academic freedom. Academic freedom manifests itself in research, teaching, and learning. Among the components of academic freedom, individual researchers also cite the ability to disseminate the results of their research and maintain intellectual property rights over them. Academic freedom is interpreted both as an individual right and as an institutional right, which manifests in their ability to be autonomous and pursue independent policies. In the light of the European Court of Human Rights' practice, academic freedom is a component of the freedom of expression. Accordingly, restrictions on academic freedom are considered permissible if they meet the general requirements of the three-part test (legality, legitimate aim, proportionality). The European Court of Human Rights analysed these circumstances in several cases concerning academic freedom, including Lombardi Vallauri v. Italy, Sorgug v. Turkey, Kharlamov v. Russia, Mustafa Erdogan and Others v. Turkey, Ayuso Torres v. Spain, and Kula v. Turkey. The Court's examination of these cases indicates that it recognises the importance of academic freedom, even in cases where statements are declared offensive, disturbing, or causing outrage (for example, criticism of the procedure for electing the academic council, judgments of the Constitutional Court, or the Constitution itself). Academic community members should have the opportunity to participate in public discussions within the scope of their activities. When balancing the right to privacy and academic freedom, it is crucial to consider additional guarantees that academic community members possess. In doing so, when restricting academic freedom, national courts should consider the so-called "chilling effect” that any sanctions for expressions may have on the overall state of academic freedom in the country.
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Katić, Nikolina, Matea Bašić e Morana Briški. "Right of Access to Supreme Courts in Light of the Guarantees under Article 6 § 1 of the Convention on Human Rights and Fundamental Freedoms (civil aspect)". Croatian International Relations Review 24, n. 81 (1 maggio 2018): 69–90. http://dx.doi.org/10.2478/cirr-2018-0004.
Testo completoAbstract (sommario):
Abstract Right of access to a court, enshrined in Article 6 § 1 of the European Convention on Human Rights and Fundamental Freedoms forms one of the basis for reinforcement of the principle of rule of law. However, the right of access to a court may be limited by provisions of national legislation regulating the functioning of the judicial system and rules of judicial procedure. The higher the hierarchy of the court, the more limits may be placed on the right of access to it. The aim of this article is to examine the different modalities of organisation of supreme judiciaries in European countries (members of the Council of Europe) and mechanisms established in national legislation for filtering applications to those jurisdictions in civil cases, in light of the principles set forth in that regard by the ever evolving case-law of the European Court of Human Rights, and the effects of its judgments and decisions on national legal systems.
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Rimestad, Sebastian. "The Interaction Between the Moscow Patriarchate and the European Court of Human Rights". Review of Central and East European Law 40, n. 1 (19 maggio 2015): 31–55. http://dx.doi.org/10.1163/15730352-40012002.
Testo completoAbstract (sommario):
Since the end of the Soviet Union, the Russian Orthodox Church has been trying to regain moral authority in Russian society. This authority is challenged by international human-rights norms, and the Moscow Patriarchate has shown a desire to be perceived as a serious player in the human-rights arena. Emblematic of this active approach is the official representation of the Russian Orthodox Church to the institutions of the Council of Europe, including the European Court of Human Rights in Strasbourg. This article seeks to analyze the ways in which the Moscow Patriarchate has approached the European Court of Human Rights since the 1990s. This includes cases with direct or indirect involvement of the Patriarchate, primarily concerning alleged religious discrimination and, on the other hand, an attempt to influence the discourse surrounding ethical and moral issues.
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Georgieva, Rayna. "The role of the Constitutional court for the protection of the human rights". Law Journal of New Bulgarian University 18, n. 2 (30 dicembre 2022): 56–62. http://dx.doi.org/10.33919/ljnbu.22.2.3.
Testo completoAbstract (sommario):
Today in Europe there is a complex system of protection of individual rights based on different sources of law and respectively with a different procedure for their defence, but with common constitutional legal root. The “catalogue” of basic rights in constitutions served as inspiration for the drafters of the International act in the field of human rights, whilst in the constitutional legislative process usually the legislator turns to the established International Human Rights Standards. Constitutional courts participate in the promotion and development of human rights standards through their case-law. The references in the past 30 years, the amendments of chapter eight of the Constitution and the case-law of the Constitutional court of the Republic of Bulgaria show that it has a roles as human rights court. However, the system of constitutional review could be improved with the facilitation of the ordinary courts in the direct application of the Basic law on cases. One of the possible measures is the legal education in the field of human rights protection and the availability of scientific legal publications in service of the practicing lawyers.
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Marochini Zrinski, Maša, e Karin Derenčin Vukušić. "NEPRUŽANJE ZDRAVSTVENE SKRBI KAO POVREDA ČLANKA 3. EUROPSKE KONVENCIJE S POSEBNIM OSVRTOM NA PRAKSU SUDA U PREDMETIMA IZVAN KONTEKSTA ZADRŽAVANJA". Pravni vjesnik 37, n. 2 (luglio 2021): 83–104. http://dx.doi.org/10.25234/pv/12003.
Testo completoAbstract (sommario):
The European Convention on Human Rights, as a main Council of Europe instrument for the protection of civil and political rights, does not guarantee the right to health care. However, the European Court of Human Rights broadly interprets Convention rights, and within the context of Articles 2, 3 and 8 of the Convention it gave certain indications that it might start dealing with the issue of health care. Without going into details of all the mentioned articles, this paper will analyse cases where the Court dealt with the issue of violation of Article 3 due to non-provision of health care outside the context of detention. Namely, within the context of detention, there is a clear obligation for states to provide health care, and the Court often relies on the reports of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. What we consider important to point out is the Court’s case-law on providing health care outside the context of detention, given the social character of the right to health care, which goes beyond the civil and political character of the Convention.
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Donald, Alice, e Anne-Katrin Speck. "The Dynamics of Domestic Human Rights Implementation: Lessons from Qualitative Research in Europe". Journal of Human Rights Practice 12, n. 1 (1 febbraio 2020): 48–70. http://dx.doi.org/10.1093/jhuman/huaa007.
Testo completoAbstract (sommario):
Abstract It is widely acknowledged that the implementation of international human rights judgments is conditioned by domestic factors; yet the means by which judgments exert—or fail to exert—influence on domestic actors and processes is less well understood. This article presents qualitative research undertaken in three European states between 2016 and 2018 to trace the path between selected judgments involving structural or systemic violations and subsequent action by both state and non-state actors. The rich account of the implementation process thereby constructed reveals, in some cases, a direct—and even immediate—causal path between a decision and actions leading to compliance and, in others, a more indirect or uncertain relationship. The article reveals the dynamic and iterative nature of the implementation process, which may at times stall and at other times accelerate and which may be punctuated by extraneous developments that cause the political space for implementation to widen or narrow. It proceeds to examine the strategies employed by actors who either advance or obstruct implementation, and concludes by advocating the formation of the broadest possible compliance ‘partnerships’ in each case, supported by well-functioning domestic structures to coordinate the state’s response.