Letteratura scientifica selezionata sul tema "Wordl Human rights court"
Cita una fonte nei formati APA, MLA, Chicago, Harvard e in molti altri stili
Consulta la lista di attuali articoli, libri, tesi, atti di convegni e altre fonti scientifiche attinenti al tema "Wordl Human rights court".
Accanto a ogni fonte nell'elenco di riferimenti c'è un pulsante "Aggiungi alla bibliografia". Premilo e genereremo automaticamente la citazione bibliografica dell'opera scelta nello stile citazionale di cui hai bisogno: APA, MLA, Harvard, Chicago, Vancouver ecc.
Puoi anche scaricare il testo completo della pubblicazione scientifica nel formato .pdf e leggere online l'abstract (il sommario) dell'opera se è presente nei metadati.
Articoli di riviste sul tema "Wordl Human rights court":
1
Abbas oğlu Abbaslı, Toğrul. "EUROPEAN COURT OF HUMAN RIGHTS: REVIEW OF DECISIONS (HIRO BALANI / SPAIN)". SCIENTIFIC WORK 66, n. 05 (20 maggio 2021): 196–98. http://dx.doi.org/10.36719/2663-4619/66/196-198.
Abstract (sommario):
The European Court of Human Rights acknowledges the violation of Article 6 in order to provide unfounded reasons for court decisions. Therefore, claims that may affect the outcome of the trial must be answered. The topic is very relevant for research in modern times. Research and comparative methods were used in the study of the topic. The study focused on Turkish and English literature. Key words: Substantiation of Court Decisions, Right to Fair Trial, Right to Defense,European Court of Human Rights,Constitution
2
Mujuzi, Jamil Ddamulira. "The Human Rights Jurisdiction of the Constitutional Court of Seychelles". Verfassung in Recht und Übersee 56, n. 2 (2023): 396–418. http://dx.doi.org/10.5771/0506-7286-2023-2-396.
Abstract (sommario):
The jurisdiction of the Constitutional Court of the Seychelles, the Court, is provided for under different provisions of the Constitution. Article 46 deals with the circumstances in which a person may approach the Court to enforce human rights. It also deals with the powers of the Court in this context. In this article, I illustrate how the Court, when enforcing or applying Article 46, has dealt with the following issues: locus standi to petition the Court; circumstances in which the Court's jurisdiction is excluded or limited; powers of the Court in protecting human rights, circumstances in which other courts may refer matters to the Constitutional Court and procedural access to the Court and the burden to prove human rights violations. It is observed that for a person to have locus standi under Article 46(1), there has to be a real likelihood that his/her right will be violated. A remote possibility of a violation does not trigger Article 46(1). It is observed further that the right under Article 46(1) is not absolute; although the word ‘may’ is used under Article 46(3), the Court is obliged to decline being seized with a matter in case the applicant has obtained redress from another court; since the constitution is silent on the burden of proof in cases where a private individual is alleged to have violated a human right, the burden should be on the applicant to prove such a violation; and that the Rules of the Court which require that an action alleging a violation of human rights has to be filed within three months of the violation may have to be amended to create exceptions for continuing violations of human rights and for the violation of non-derogable rights.
3
Humbat Hasanli, Shabnam. "Avropa İnsan Hüquqları Məhkəməsinin Beynəlxalq Hüquqi Statusu". SCIENTIFIC WORK 76, n. 3 (18 marzo 2022): 133–37. http://dx.doi.org/10.36719/2663-4619/76/133-137.
Abstract (sommario):
The European Court of Human Rights (ECHR) is an international tribunal established in 1959 under the auspices of the Council of Europe, an international organization. The Court is a judicial body to which individuals, communities, legal entities and other States may apply under certain procedures and rules in the event of a violation of the fundamental rights provided for in the European Convention on Human Rights and its Additional Protocols. The 47 members of the Council of Europe recognize the jurisdiction of the European Court of Human Rights. Although the use of the Council of Europe's flag by the European Union today is confusing, the European Court of Human Rights is a body of the Council of Europe, an almost separate international organization, and not of the European Union. However, the European Convention on Human Rights and the case law of the European Court of Human Rights are indispensable minimum standards for the European Union. All this is the topic of the article “International legal status of the European Court of Human Rights” is very relevant today. Key words: Europe, human rights, judiciary, international law system, ECHR Şəbnəm Hümbət qızı Həsənli Avropa İnsan Hüquqları Məhkəməsinin Beynəlxalq Hüquqi Statusu Xülasə Avropa İnsan Hüquqları Məhkəməsi (AİHM) 1959-cu ildə beynəlxalq təşkilat olan Avropa Şurasının nəzdində yaradılmış beynəlxalq məhkəmədir. Məhkəmə Avropa İnsan Hüquqları Konvensiyası və onun əlavə protokolları ilə təmin edilən əsas hüquqların pozulması halında fiziki şəxslərin, icmaların, hüquqi şəxslərin və digər dövlətlərin müəyyən prosedur və qaydalar çərçivəsində müraciət edə biləcəyi məhkəmə orqanıdır. Avropa Şurasının 47 üzvü Avropa İnsan Hüquqları Məhkəməsinin yurisdiksiyasını tanıyır. Bu gün Avropa İttifaqının Avropa Şurasına məxsus bayraqdan istifadə etməsi müxtəlif çaşqınlıqlara səbəb olsa da, Avropa İnsan Hüquqları Məhkəməsi Avropa İttifaqının deyil, demək olar ki, ayrıca beynəlxalq təşkilat olan Avropa Şurasının orqanıdır. Bununla belə, İnsan Hüquqları üzrə Avropa Konvensiyası və Avropa İnsan Hüquqları Məhkəməsinin məhkəmə təcrübəsi Avropa İttifaqı üçün əvəzolunmaz minimum standartları təşkil edir. Bütün bunlar “Avropa İnsan Hüquqları Məhkəməsinin beynəlxalq hüquqi statusu” adlı məqalə mövzusu müasir dövr üçün olduqca aktualdır. Açar sözlər: Avropa, insan hüquqları, məhkəmə, beynəlxalq hüquq sistemi, AİHM
4
Salainti, Yolanda Mona. "Examining the Role of International Human Rights Tribunals in Promoting Accountability for Human Rights Violations". Easta Journal Law and Human Rights 1, n. 03 (30 giugno 2023): 108–15. http://dx.doi.org/10.58812/eslhr.v1i03.87.
Abstract (sommario):
This study investigates the crucial role of international human rights courts in advancing accountability for human rights abuses. Its primary objective is to evaluate the effectiveness of these tribunals in holding accountable those — individuals, states, and non-state actors are to blame for major human rights violations. As part of the research methodology, relevant literature, case studies, and legal decisions from international human rights tribunals are thoroughly examined. The International Criminal Court (ICC), the International Court of Justice, and local human rights courts are all part of this. The scope of the investigation includes War crimes, genocide, and crimes against humanity, torture, and enforced disappearances. The findings underscore the substantial contribution made by international human rights courts in ensuring justice, truth-seeking, and redress for victims of human rights abuses. These tribunals have played a pivotal role in establishing legal precedents, clarifying the extent of human rights obligations, and fostering international cooperation to address impunity. The study also explores the challenges confronted by international human rights courts, including limited jurisdiction, enforcement capacity, and political opposition. Additionally, it examines potential synergies between international tribunals and national justice systems to strengthen accountability mechanisms at both the international and domestic levels. The findings of this study have significant implications for policymakers, individuals who advocate for human rights, and those who work in the legal field because they highlight the importance of a powerful and independent international human rights court in promoting accountability and providing justice for victims of human rights violations all over the world.
5
Kosař, David, e Lucas Lixinski. "Domestic Judicial Design by International Human Rights Courts". American Journal of International Law 109, n. 4 (ottobre 2015): 713–60. http://dx.doi.org/10.5305/amerjintelaw.109.4.0713.
Abstract (sommario):
Regional human rights courts in Europe and the Americas came into being in the wake of World War II. The European Court of Human Rights (ECHR) and Inter-American Court of Human Rights (IACHR) were established in order to adjudicate on alleged violations of the rights of individuals. Yet, since their inception these courts have also influenced other areas of international law. A part from their impact on general international law, their case law has had significant spill over effects on international criminal law, international refugee law, international environmental law, the law of armed conflicts, and the law of the sea.
6
Alston, Philip. "Against a World Court for Human Rights". Ethics & International Affairs 28, n. 2 (2014): 197–212. http://dx.doi.org/10.1017/s0892679414000215.
Abstract (sommario):
Too much of the debate about how respect for human rights can be advanced on a global basis currently revolves around crisis situations involving so-called mass atrocity crimes and the possibility of addressing abuse through the use of military force. This preoccupation, as understandable as it is, serves to mask much harder questions of how to deal with what might be termed silent and continuous atrocities, such as gross forms of gender or ethnic discrimination or systemic police violence, in ways that are achievable, effective, and sustainable. This more prosaic but ultimately more important quest is often left to, or perhaps expropriated by, international lawyers. Where the politician often finds solace in the deployment of military force, the international lawyer turns instinctively to the creation of a new mechanism of some sort. Those of modest inclination might opt for a committee or perhaps an inquiry procedure. The more ambitious, however, might advocate the establishment of a whole new court. And surely the most “visionary” of such proposals is one calling for the creation of a World Court of Human Rights. A version of this idea was put forward in the 1940s, but garnered no support. The idea has now been revived, in great detail, and with untrammeled ambition, under the auspices of an eminent group of international human rights law specialists.
7
Nariman Seyidov, Javanshir. "Avropa İnsan Hüquqları Məhkəməsinin yaradılması və inkişaf prosesi". SCIENTIFIC WORK 77, n. 4 (17 aprile 2022): 132–36. http://dx.doi.org/10.36719/2663-4619/77/132-136.
Abstract (sommario):
The European Convention on Human Rights, drafted by the Council of Europe after World War II, was signed on 4 November 1950 and entered into force on 3 September 1953. The agreement was later amended and updated through protocols. In addition, they have the property of being prioritized in accordance with the law. According to this provision of the Constitution, the Convention has a very important place in our law. In addition to basic rights and freedoms, the European Convention on Human Rights also regulates the establishment and functions of the European Court of Human Rights and the judicial process. Individuals or Contracting States may, in accordance with the procedures provided for in the Convention, apply to the Court and seek the protection of their rights or the performance of the obligations of other Contracting States. These rules relating to the establishment and operation of the Court must be considered and followed in order for the judicial mechanism provided for in the Convention to function and for the protection of fundamental rights and freedoms in the international arena. Therefore, in addition to the provisions on fundamental rights in the Convention, it is extremely important to examine the provisions on how and through what procedures these rights will be protected. Key words: European Convention on Human Rights, European Court of Human Rights, Position, Eligibility Cavanşir Nəriman oğlu Seyidov Avropa İnsan Hüquqları Məhkəməsinin yaradılması və inkişaf prosesi Xülasə İkinci Dünya Müharibəsindən sonra Avropa Şurası tərəfindən hazırlanmış İnsan Hüquqları üzrə Avropa Konvensiyası 4 noyabr 1950-ci ildə imzalanmış və 3 sentyabr 1953-cü ildə qüvvəyə minmişdir. Müqaviləyə sonradan protokollar vasitəsilə düzəlişlər edilib və yenilənmişdir. Bundan əlavə, qanunlara uyğun olaraq prioritet tətbiq olunma xüsusiyyətinə malikdirlər. Konstitusiyanın bu müddəasına görə Konvensiya qanunumuzda çox mühüm yer tutur. Avropa İnsan Hüquqları Konvensiyasında əsas hüquq və azadlıqlarla yanaşı, Avropa İnsan Hüquqları Məhkəməsinin yaradılması və vəzifələri, məhkəmə araşdırması proseduru ilə bağlı da tənzimləmələr var. Fiziki şəxslər və ya Razılığa gələn dövlətlər Konvensiyada nəzərdə tutulmuş prosedurlara uyğun olaraq Məhkəməyə müraciət edə və öz hüquqlarının müdafiəsini və ya razılığa gələn digər dövlətlərin öhdəliklərinin yerinə yetirilməsini tələb edə bilərlər. Konvensiyada nəzərdə tutulan məhkəmə mexanizminin fəaliyyət göstərməsi və əsas hüquq və azadlıqların beynəlxalq aləmdə qorunması üçün Məhkəmənin yaradılması və fəaliyyəti ilə bağlı bu qaydalar nəzərə alınmalı və onlara əməl edilməlidir. Bu səbəbdən, Konvensiyadakı əsas hüquqlara dair müddəalarla yanaşı, bu hüquqların necə və hansı prosedurlarla qorunacağına dair müddəaların araşdırılması son dərəcə vacibdir. Açar sözlər: İnsan Hüquqları üzrə Avropa Konvensiyası, Avropa İnsan Hüquqları Məhkəməsi, vəzifə, məqbul şərtlər
8
Saktorová, Lubica. "The World Court of Human Rights Feasibility Study". Danube 9, n. 1 (1 marzo 2018): 37–47. http://dx.doi.org/10.2478/danb-2018-0003.
Abstract (sommario):
Abstract The idea of the World Court of Human Rights was first envisioned in 1947 along with other institutions designed to create a system capable of the worldwide protection of individual human rights. The focus of the present study is to determine key issues of the prospective establishment of the World Court by an examination of its theoretical position among the United Nations bodies, regional and another inter-governmental human rights organisation. Analysis of the function and mechanisms of the current international human rights protection system would lead to deliberation on the prospective substantial and procedural competences of the World Court, the enforcement mechanism, jurisdiction and related benefits. The objective of the final part is to discuss challenges regarding its political and legal feasibility. Without the visionaries of the past, there would be no substantial system of human rights today. The World Court of Human Rights is a vision for the future.
9
Розумовський, О. С., e О. О. Кочура. "The European Court of Human Rights as Part of Criminal Procedural Legislation of Ukraine". Bulletin of Kharkiv National University of Internal Affairs 90, n. 3 (23 settembre 2020): 235–44. http://dx.doi.org/10.32631/v.2020.3.23.
Abstract (sommario):
The author has studied the issue of the origin and formation of the European Court of Human Rights after the Second World War, steps in the establishment and development of this Court, as well as the actions of the Member States to consolidate the development of the European Court of Human Rights at specialized conferences with the support of the Committee of Ministers. The list of regulatory and legislative acts adopted by the Verkhovna Rada of Ukraine for the establishment of the rule of law in regard to the understanding of human rights in the activities of Ukrainian courts has been researched. Since the Convention for the Protection of Human Rights and Fundamental Freedoms has become part of national legislation after its ratification by the Verkhovna Rada of Ukraine, more detailed study should be conducted regarding the urgent task of fully understanding the content of this international treaty and the main mechanisms for implementing its norms. The author has analyzed the implementation of the case law of the European Court of Human Rights on the example of its specific decisions into criminal procedural legislation of Ukraine by applying the decisions of the European Court of Human Rights by the Grand Chamber of the Supreme Court in its activities and problematic aspects of their practical implementation. Particular attention has been paid to the study of problematic aspects of the use of these decisions in practice by highlighting the rulings of the Grand Chamber of the Supreme Court issued in 2019. The author has analyzed the decisions of the European Court of Human Rights in regard to the conducted secret (search) actions by law enforcement agencies with further disclosure ob obtained evidence to the defense party; it has been also pointed out that the right to disclose evidence contained in criminal proceedings is not absolute to the defense and may be limited only in cases when there are the interests of national security, information protection or witness protection concerning the methods and forms of law enforcement agencies’ activity. The author has made propositions to resolve certain situations related to the implementation of the decisions of the European Court of Human Rights in Ukraine.
10
Smokovych, Mykhailo. "On the issue of the mechanism for the restoration of violated human rights by an administrative court on a constitutional complaint". Legal Ukraine, n. 8 (2 ottobre 2020): 24–32. http://dx.doi.org/10.37749/2308-9636-2020-8(212)-3.
Abstract (sommario):
The article is devoted to a substantive analysis of the mechanism for restoring violated human rights on a constitutional complaint. It has been established that the legal system of Ukraine contains a number of objective factors that complicate the restoration of violated human rights on a constitutional complaint, the elimination of which first of all requires the development of a doctrinal and legislative platform, which should become a universal basis for the formation of a unified practice of administrative proceedings It has been substantiated that the retrospective effect of decisions of the Constitutional Court of Ukraine cannot be absolute. Retrospective effect of decisions of the Constitutional Court of Ukraine is possible in the following cases: if court decisions in the case have not yet been executed; when it comes to the protection of fundamental human rights, of which social rights are a component. As for other human rights, legislative filters are needed that will allow courts to apply retrospective action of decisions of the Constitutional Court of Ukraine in other cases, otherwise the activity of courts will go beyond their discretionary powers. It has been established that expanding the range of retrospective action of decisions of the Constitutional Court of Ukraine requires legislative regulation. Key words: administrative proceedings, retrospective action of a decision, prospective action of a decision, body of constitutional jurisdiction, fundamental human rights.
Tesi sul tema "Wordl Human rights court":
1
Bassah, Komla Séméké. "Étude sur la légitimité du Comité des droits de l'homme des Nations Unies et sur l'effectivité de sa mission". Electronic Thesis or Diss., Toulon, 2021. http://www.theses.fr/2021TOUL0145.
Abstract (sommario):
La recherche sur la légitimité et l’effectivité du CDH vient du constat de la méconnaissance générale de la portée de sa mission, laquelle produit des effets néfastes sur celui-ci. Cette étude montre que malgré les limites imposées à cet organe par le PIDCP, son œuvre déployée a une portée considérable dans la protection internationale des droits de l’homme. Pour parvenir à cette fin, le CDH à adopter des techniques d’interprétation qui lui ont valu l’attention des organes tiers renforçant, par là même, sa légitimité. Poursuivant cette même finalité, afin de pallier l’absence de force obligatoire de ses décisions, il s’emploie à conférer à son activité une nature comparable à celle d’une juridiction formellement instituée afin d’attirer l’attention des États sur le degré d’autorité dont elles sont revêtues. Toutefois, nous proposons qu’à défaut que les États franchissent un nouveau cap en mettant en place une juridiction unique en la matière, il urge que le système soit rationalisé au nom de l’intérêt individuel. L’effectivité des droits de l’homme étant tributaire de leur volonté, la solution contre les écueils actuels nécessite un projet politique d’envergure de leur partThe research on the legitimacy and effectiveness of the HRC stems from the observation that there is a deep lack of knowledge regarding the scope of its mission, which has a negative impact on it. This study shows that despite the limits imposed on this body by the ICCPR, its work has a very significant impact on the international human rights protection. To achieve this end, the HRC adopted interpretation methods that have earned it the attention of others bodies, strengthening by the way its legitimacy. Pursuing the same goal, in order to overcome the non-binding nature of its decisions, it endeavors to give its activity the impression of that of a formally court-like function with the purpose to facilitate States’ compliance by the degree of authority with which they are endowed. However, we propose that if States do not take a new step by setting up a single international court in human rights field, it is an urgent that the UN treaties bodies system, as it known today, be rationalized for the individual’s interests. As the effectiveness of human rights dependent on States willingness, the solution against the current pitfalls requires a large-scale political project supported by them
2
Sognigbé, Sangbana Muriel. "La sanction internationale de la violation des droits de l'homme". Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3009.
Abstract (sommario):
La sanction internationale de la violation des droits de l'homme peine à atteindre les objectifs qui lui sont assignés. Les sanctions non juridictionnelles mises en place au sein du système de la Charte des Nations unies sont le régime de droit commun, mais leur efficacité reste limitée pour la victime. Les Comités créés pour veiller à l'application des conventions relatives aux droits de l'homme prennent de simples recommandations à l'issue de l'examen des communications individuelles et sont incompétents pour connaître des violations graves. À défaut de mécanisme de sanction des violations graves, le Conseil de sécurité a étendu l'application des mesures collectives aux droits de l'homme. Le recours ainsi fait au Chapitre VII est confronté aux difficultés opérationnelles qui en limitent la portée. Face à ces difficultés, le Conseil de sécurité a diversifié ses sanctions. Toutefois, qu'elles soient des sanctions ciblées ou des mesures juridictionnelles comme la création de juridictions pénales ou la saisine de la Cour pénale internationale, les mesures collectives sont axées sur l'individu et non l'État. Bien que ce dernier soit le titulaire des obligations internationales en la matière, il est à l'abri de toute sanction contraignante, qu'elle soit collective ou pénale. L'absence de sanction efficace à l'encontre de l'État et la garantie insuffisante des droits de la victime impose une réforme du contentieux international des droits de l'homme. Au-delà du renforcement des mécanismes des organes de traités, la création d'une juridiction universelle chargée de sanctionner la violation des droits de l'homme au sein du système des Nations unies doit être envisagéeThe goal of effectively addressing human rights violations by imposing international sanctions has been hardly achieved. Under the UN Charter, even though non-judicial sanctions are applied as the common system, they are not effective enough in addressing the victim's needs. Committees established to monitor the application of human rights Conventions, while considering individual communications, can only make recommendations, as they are not even competent to handle serious human rights violations. In the absence of an effective mechanism to deal with serious human rights violations, the Security Council has extended the application of collective measures under Chapter VII of the Charter to human rights, resulting into operational difficulties limiting its scope. Therefore, the Security Council has diversified its sanctions in order to address these challenges. However, the collective measures, either targeted sanctions or judicial measures e.g. the establishment of criminal courts or referral to the International Criminal Court, only focus on the individual rather than the State. Although the State is the duty bearer under the international human rights obligations, it is not subject to binding sanctions, whether collective or criminal. The lack of effective sanctions against State and the insufficient guarantee for protection of the victim's rights call for a reform of the international human rights litigation. In addition to strengthening the treaty body system, it is worth considering the establishment of a World Court within the UN system to impose enforceable sanctions on States in case of human rights violation
3
Bortfeld, Mathias. "The African Court on Human and Peoples' Rights:". University of Canterbury. Law, 2008. http://hdl.handle.net/10092/1598.
Abstract (sommario):
This thesis focuses on the establishment and operation of the latest regional Human Rights Court: The African Court on Human and Peoples' Rights. For the development of human rights protection mechanisms within regional organizations the governments of the member states are of special relevance. They pull the strings to either foster and develop a system or to disrupt it. Therefore, following a brief historical introduction, the first chapter gives an overview of the regional African organization, the former Organization of African Unity (OAU) and today's African Union (AU) which was instrumental in the establishment of the African Human Rights System and has now enhanced it by adding a judicial authority. However, it will become clear that is has taken a long time for the OAU to put human rights violations within the borders of its own member states on its agenda: Not until there was increasing international pressure due to never-ending excrescences of violence in the dictatorial regimes in Africa did the OAU carefully attend to this matter in the late 1970s. Its efforts culminated in the adoption of the African Charter on Human and Peoples' Rights (the eponymous Banjul Charter) which entered into force in 1981. The body for the protection created by the Charter was the African Commission on Human and Peoples' Rights which took up its function in 1987. Since the newly established African Court is not supposed to replace the Commission but rather to strengthen it, the Court operates in concert with the Commission. Therefore the old protection system will still be applicable which deems a portrayal of the system in the following chapter necessary. Here, it will be outlined, that the competences of the Commission remain very limited and that its judicial impact on the State parties involved in its protection procedures has been nearly nil up to this very day. Against this background the next chapter focuses on the Protocol to the Banjul-Charter establishing the African Court on Human and Peoples' Rights. First, the historical-political background and the protocol's juridical formulation process are examined. Here it will be shown that the end of global bipolarity has had a remarkable impact on the political protagonists in Africa with the effect that the increasing demands for a human rights Court within the OAU no longer remained completely unheard. It will also be outlined that the path towards the adoption of the protocol has been long and difficult. After a short survey of the organisational structure of the Court it will become clear that the protocol follows to a large extend its Inter-American counterpart concerning the institutional embodiment. However, a remarkable and, in international comparison, a unique achievement has also been achieved by the institutional regulations by making gender equality has one of the key issues to encompass when it comes to the nomination and election of judges. The following chapters outline the jurisdiction of the Court and the judicial process before the Court. In this connection the admissibility criteria will be highlighted in which two remarkable regulations stand out: First, it will become clear that in contrast to other regional human rights courts individuals and NGOs alike are entitled to file a complaint with the African Court (even though initially with the help of the Commission, since the protocol makes the complaint authority of individuals and NGOs dependent of a special declaration of acceptance of the State Parties concerned). Moreover, also unique compared to international two-tier human rights procedures, the protocol does not include a provision according to which a complainant would be obliged to go through a prior Commission procedure before filing a complaint with the Court. Individual complainants rather have direct access to the Court once a declaration of acceptance has been submitted by a State Party to the protocol. Following short remarks on the competence of the Court to issue provisional measures which, among other things, reveal that these measures have, in contrast to those of the ECtHR, binding effect the procedural termination of a complaint comes into focus. Here, the possible contents of the rulings and the control mechanisms for their implementation are being contemplated in a detailed fashion. This last aspect most probably will have great influence on the fate of the Court since the Commission for its part had to a large extent no success due to the fact that it had no conventional implementation procedures to rely on. Therefore, in the vast majority of cases the findings of the Commission trailed off without any State Party concerned paying any attention to it. The drafters of the protocol establishing the Court obviously have learned this lesson since the protocol provides for a quite remarkable implementation mechanism that may be able to impose political and legal pressure alike on State Parties if the Court deems that they have not properly complied with a Court's ruling. Even sanctions within the African Union against a recusant State come into question from a legal point of view - a quantum leap regarding the legal situation under the Banjul Charter. The last chapter rehearses the main findings of the thesis and concludes with a positive outlook on the future development of the African human rights system.
4
Emberland, Marius. "Companies before the European Court of Human Rights". Thesis, University of Oxford, 2004. https://ora.ox.ac.uk/objects/uuid:acd0391d-2487-422d-8455-44c33fa26cb9.
Abstract (sommario):
This is a study of the European Court of Human Rights' doctrinal response to complaints for protection under the European Convention on Human Rights submitted by or on behalf of companies. Companies indisputably enjoy ECHR protection in principle yet the protection of persons closely tied with for-profit and corporate business enterprise is sometimes doctrinally problematic. The thesis has two main objectives. First, it analyses the Court's reasoning in three groups of cases in which corporate human rights litigation has presented particular problems of treaty interpretation: 1) The extent to which shareholders are 'victims' (Article 34) when they complain of measures that formally have befallen their companies. 2) Whether companies are protected by provisions that were conceived in relation to the needs of natural persons outside the business context (select areas under Articles 8(1), 10(1) and 41 are considered). 3) Which standard of review to be applied by the Court when companies allege that public regulation of their activity violates Articles 8 and 10. The case law is streamlined in a minimalist fashion, which obscures the Court's rationale. The thesis construes the structural framework within which the Court operates, and seeks to explain how the relevant case law is largely coherent when considered on these grounds. Second, the Court's response is used for highlighting crucial aspects of the Convention system that are aptly revealed but which extend beyond the company context. Three aspects, which are suitable for further analyses, are essentially brought to the fore: 1) The Convention as a European liberal project, a characteristic that makes it stand out from the bulk of international human rights law. 2) The complex nature of the Convention's object and purpose, and, consequently, the Court's teleology. 3) The collective and economic aspects of the Convention's civil and political rights.
5
HARVEY, Paul. "The future of the European Court of human rights". Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7029.
Abstract (sommario):
Defence date: 12 April 2007Examining Board Members: Prof. Neil Walker (European University Institute); Prof. Wojciech Sadurski (European University Institute); Prof. Rick A. Lawson (University of Leiden); Prof. Alec Stone Sweet (Yale University)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
6
Wu, X. "THE ENFORCEMENT OF JUDGEMENTS IN INTERNATIONAL HUMAN RIGHTS COURT". Doctoral thesis, Università degli Studi di Milano, 2011. http://hdl.handle.net/2434/159318.
Abstract (sommario):
It is a well-known fact that international law has not been at its strongest when it comes to its implementation and enforcement, since there is not coercive power in the international system comparable to that which enforces domestic law. However, the judgments of international courts and tribunals must attain full respect by the Member States, thereby sending a credible message that there are consequences for non-compliance. This thesis focuses on how to persuade and pressure a delinquent State into compliance with the judgments in the European, Inter-American and African Courts of Human Rights and identifies the elements constituting an effective mechanism for the enforcement of judgments based on a comprehensive and comparative study of the related legal provisions and practice. It demonstrates that these three human rights courts adopt the same method: supervision without prospect of sanctions, mainly because different dynamics operate in the area of international human rights law. A comparison between the international human rights courts and some other international judicial organs, including the International Court of Justice, the International Tribunal for the Law of Sea, the WTO dispute settlement mechanism and the European Court of Justice with regard to the enforcement of judgments shows that the latter ones rely on coercive measures to ensure compliance and the achievements of the human rights court is inspiring for them on how to enhance their effectiveness. The last part of this study addresses the prospect of establishing an international human rights system in the Asian region based the analysis of the current obstacle from its creation, which now seems more likely on the sub-regional level and provides proposals on the future mechanism for the enforcement of judgments.
7
Saucier, Calderón Jean-Paul, e Frédéric Mégret. "“Criminalization” of human rights?: Swings and paradoxes on the jurisprudence of Inter-American Court of Human Rights". Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/119144.
Abstract (sommario):
The evolving relationship between international human rights law and criminal law is marked by a passage from a role of moderation to one of legitimization. While international human rights law was previously critical of criminal law as an instrument of state repression, the last few decades witnessed a shift towards a victim-centred conception of criminal law as a means to protect and enforce certain human rights. This contrasts with a liberal conception of human rights as a check on the power of the state through the use of its criminal law authority. This development manifests itself through what may be dubbed the "criminalization” of Inter-American human rights law. This contribution explores this phenomenon of “criminalization” and its various illustrations, particularly through the Inter-American Court of Human Rights’ discourse with respect to amnesty laws and prescription.El desarrollo de las relaciones entre el Derecho Internacional de los Derechos Humanos y el Derecho Penal está signado por una función de moderación hacia una de legitimación/ justificación de la aplicación del Derecho Penal. Mientras los Derechos Humanos inicialmente fueron críticos del Derecho Penal, como instrumento de represión estatal; las últimas décadas atestiguan un giro hacia una conceptualización del Derecho Penal centrado en la víctima, como medio para proteger y resguardar determinados derechos humanos. Este giro desafía la perspectiva liberal que concibe los derechos humanos como un mecanismo de control ante el poder estatal y que se ejerce mediante el Derecho Penal. Este desarrollo se manifiesta a través de lo que podría ser denominado la “penalización" de la jurisprudencia de la Corte Interamericana de Derechos Humanos. Este trabajo contribuye a la exploración del fenómeno de la “penalización” y sus diversas variantes. Particularmente, en el discurso de la Corte Interamericana de los Derechos Humanos, con especial énfasis en su postura ante las leyes de amnistía y la institución de la prescripción de la acción penal.
8
Bates, Edward. "The European Convention on Human Rights and Fundamental Freedoms 1950-2000 : the foundations to Europe's Bill of Rights". Thesis, University of Nottingham, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.364446.
9
Buyakova, Veronika. "Pilot Judgement Procedure in the European Court of Human Rights". Master's thesis, Vysoká škola ekonomická v Praze, 2013. http://www.nusl.cz/ntk/nusl-196562.
Abstract (sommario):
The thesis examines one of the latest novelties in the work of the ECtHR - Pilot Judgement Procedure. The thesis covers all the aspects of the PJP such as an introduction of the procedure and its reasons, its main objectives, theoretical basis, practical application, and effectiveness.
10
Galip, Bugem. "The European human rights law with emphasis on the Cyprus question : land claims and human rights, arguments before the European Court of Human Rights". Thesis, University of Sussex, 2014. http://sro.sussex.ac.uk/id/eprint/51577/.
Abstract (sommario):
This thesis presents a critical analysis of the property rights in terms of Article 1 of Protocol No. 1 (P1-1) of the European Convention on Human Rights (ECHR) to the property conflict in Cyprus. The theme that runs through the paper is whether property disputes in Cyprus have had an impact on the established case law of the European Court of Human Rights (ECtHR). Also addressed is the extent to which Cypriot property claims caused the Court to depart from its traditional approach concerning property rights under the ECHR and whether these cases before the Court have introduced a new aspect to the understanding and interpretation of the protection of property rights in the Convention system, specifically the application of the P1-1 to the Convention. The Court's approach, in its various precedents, in examining property rights within the remit of P1-1 will be compared with the property claims from Cyprus in order to determine the unique and significant character of the Cypriot property cases and to analyse their relationship with the right to property under P1-1 to the ECHR.
Libri sul tema "Wordl Human rights court":
1
Kozma, Julia. A World Court of Human Rights: Consolidated statute and commentary. Wien: NWV, Neuer Wissenschaftlicher Verlag, 2010.
2
Rights, Inter-American Court of Human. La expresión "Leyes" en el artículo 30 de la Convención Americana sobre Derechos Humanos: Opinión consultiva OC-6/86 del 9 de mayo de 1986 = The word "Laws" in article 30 of the American Convention on Human Rights : Advisory opinion OC-6/86 of May 9, 1986. San José, Costa Rica: Secretaría de la Corte, 1986.
3
Frías, Hugo Chávez. Nuestro compromiso con la justicia y la paz del mundo: Cartas del presidente Hugo Chávez a la ONU : 66o período de sesiones de la Asamblea General : septiembre 2011. Caracas, Venezuela: Ediciones Correo del Orinoco, 2011.
4
Mark, Gibney, a cura di. World justice?: U.S courts and international human rights. Boulder: Westview Press, 1991.
5
Scorey, David. Human rights damages. London: Sweet & Maxwell, 2002.
6
Davidson, Scott. The Inter-American Court of Human Rights. Aldershot: Dartmouth, 1992.
7
Tiwana, Mandeep. Human rights and policing: Landmark Supreme Court directives & National Human Rights Commisssion guidelines. New Delhi: Commonwealth Human Rights Initiative, 2005.
8
Alkostar, Artidjo. Human right court, Indonesia, and civilization. Yogyakarta, Indonesia: PUSHAM UII, 2003.
9
Dickson, Brice. Human rights and the United Kingdom Supreme Court. Oxford: Oxford University Press, 2013.
10
Sharma, Mool Chand. Justice P.N. Bhagwati, court, constitution, and human rights. Delhi: Universal Book Traders, 1995.
Capitoli di libri sul tema "Wordl Human rights court":
1
Hofmann, Rainer, Juliane Kokott, Karin Oellers-Frahm, Stefan Oeter e Andreas Zimmermann. "Human Rights". In World Court Digest, 107–8. Berlin, Heidelberg: Springer Berlin Heidelberg, 1993. http://dx.doi.org/10.1007/978-3-662-37779-6_13.
2
Nowak, Manfred. "A World Court of Human Rights". In International Human Rights Institutions, Tribunals, and Courts, 271–90. Singapore: Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-10-5206-4_10.
3
Nowak, Manfred. "A World Court of Human Rights". In Precision Manufacturing, 1–20. Singapore: Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-10-4516-5_10-1.
4
Muscat, Roberta, e Guillem Cano Palomares. "Internal Organisation of Regional Human Rights Courts: The European Court of Human Rights and the Inter-American Court of Human Rights". In Judicial Power in a Globalized World, 313–29. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-20744-1_21.
5
Nardell QC, Gordon. "Levelling up: Data Privacy and the European Court of Human Rights". In Data Protection in a Profiled World, 43–52. Dordrecht: Springer Netherlands, 2010. http://dx.doi.org/10.1007/978-90-481-8865-9_3.
6
Ebury, Katherine. "The Legacy of World War I Court Martial in Interwar Death Penalty Writing". In Palgrave Studies in Literature, Culture and Human Rights, 171–95. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-52750-1_7.
7
Cannoot, Pieter, Cathérine Van de Graaf, Ariël Decoster, Claire Poppelwell-Scevak e Sarah Schoentjes. "Hormonal Eligibility Criteria in Women’s Professional Sports Under the ECHR: The Case of Caster Semenya v. Switzerland". In Interdisciplinary Studies in Human Rights, 95–123. Cham: Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-56452-9_5.
Abstract (sommario):
AbstractAlthough society is (slowly) evolving, rigid gender stereotypes still persist in the world of professional sports. In line with the creation of a strict binary division of athletes, sex-testing policies based on stereotypical considerations of womanhood have come to target ‘overly masculine’ women athletes with variations of sex characteristics (VSC), as elevated levels of testosterone are believed to constitute a competitive advantage.Some international sports federations, such as World Athletics, have adopted hormonal eligibility criteria (HEC) for women’s sports competitions, although the underlying scientific evidence has been strongly contested. Athletes are excluded if they do not comply with these requirements. The standard way of reducing testosterone levels is via the use of hormonal contraceptives, although irreversible surgical treatment also occurs. HEC for sports competitions raises important issues in respect of the fundamental rights of professional women athletes with VSC, and have been challenged before the Court of Arbitration for Sports (CAS).In this chapter, we analyze the HEC set by World Athletics in light of the European Convention on Human Rights (ECHR), which is the relevant framework for addressing human rights concerns since Switzerland accepts jurisdiction for appeals against CAS decisions. We discuss the relevant societal background, argue how HEC for sports competitions violates the individual’s right to bodily and mental integrity as protected by Article 3 ECHR, and explain that the scope of the state’s positive obligations under Article 8 ECHR needs to be interpreted as encompassing a duty to ensure the effective protection of an athlete’s bodily and psychological integrity. Finally, we set out why HEC directed at women athletes with VSC amounts to intersectional discrimination in breach of Article 14 ECHR in conjunction with Articles 3 and 8 ECHR.
8
Gerards, Janneke. "Non-Discrimination, the European Court of Justice and the European Court of Human Rights: Who Takes the Lead?" In European Union and its Neighbours in a Globalized World, 135–63. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-43764-0_7.
9
Limantė, Agnė. "Vulnerable Groups in the Case Law of the European Court of Human Rights". In European Union and its Neighbours in a Globalized World, 29–54. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-06998-7_2.
10
Onida, Valerio. "Moving Beyond Judicial Conflict in the Name of the Pre-Eminence of Fundamental Human Rights". In Remedies against Immunity?, 331–35. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_17.
Abstract (sommario):
AbstractSentenza 238/2014 can be criticized insofar as it seems to ground Italy’s refusal to comply with the Jurisdictional Immunities Judgment of the International Court of Justice on the basis of the right of access to a judge for the victims of the conduct of German armed forces during World War II. Indeed, the principle of state’s immunity to the civil jurisdiction of other states regarding the conduct of their own armed forces does not in itself breach a victim’s right of access to a judge, which theoretically in this case might also be granted by a German court. However, Sentenza 238/2014 has the merit of highlighting, in the specific case of the Italian Military Internees (IMIs), the violation of the victims’ right to an effective judicial protection of their fundamental rights, given that German jurisdictions excluded every reparation that favoured IMIs. Such fundamental rights must prevail over the international rules relating to state immunity because, according to the supreme principles of the Italian constitutional order and to international law itself, fundamental human rights violations related to crimes against humanity must benefit from an effective protection. The impasse between Italy and Germany should be solved through a new joint initiative between the two governments (carried out ideally under a common understanding of the two Presidents of the Republic), which should examine the applicants’ cases in order to grant them reparation. Though symbolic, such reparation will have an important moral dimension.
Atti di convegni sul tema "Wordl Human rights court":
1
Kamber, Krešimir, e Lana Kovačić Markić. "ADMINISTRATION OF JUSTICE DURING THE COVID-19 PANDEMIC AND THE RIGHT TO A FAIR TRIAL". In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18363.
Abstract (sommario):
On 11 March 2020 the World Health Organization announced the Covid-19 (coronavirus) to be a pandemic. To combat the pandemic, many countries had to adopt emergency measures and some of these measures have affected the judicial system, especially the functioning of courts. The pandemic has been characterised as far as the judiciary is concerned by complete or partial closure of court buildings for the parties and for the public. It is clear that the functioning of national judicial systems has been severely disrupted. This limited functioning of courts impacted the individuals’ right to a fair trial guaranteed, in particular, under Article 6 of the European Convention on Human Rights. The aim of this article is to examine the manner of the administration of justice during the Covid pandemic and its impact on the due process guarantees. Focus is put on the extent to which different Covid measures, in particular remote access to justice and online hearings have impacted the guarantees of the right to a fair trial and the due process guarantees in general, notably in detention cases. In this connection, the article provides a comparative overview of the functioning of the European legal systems during the pandemic. It also looks into the way in which the two European courts – the European Court of Human Rights and the Court of Justice of the European Union functioned, as well as the way in which the Croatian courts, including the Constitutional Court, organised their work during the pandemic. The article then provides an insight into the issue of online/remote hearings in the case-law of the European Court of Human Rights and in the Croatian Constitutional Court’s case-law. On the basis of this assessment, the article identifies the differences in the use of remote/online hearings between and within jurisdictions. In conclusion, the article points to some critical considerations that should be taken into account when devising the manner in which any Covid pandemic experience with the administration of justice (notably with regard to remote/online hearings) can be taken forward.
2
Ilic, Ivan, e Darko Dimovski. "IMPLICATIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS CASE LAW TO THE COURTS PRACTISE IN SERBIA". In "Social Changes in the Global World". Универзитет „Гоце Делчев“ - Штип, 2021. http://dx.doi.org/10.46763/scgw211129i.
3
Petkova, Tatyana V., e Daniel Galily. "When you are named Ruth". In 8th International e-Conference on Studies in Humanities and Social Sciences. Center for Open Access in Science, Belgrade, 2022. http://dx.doi.org/10.32591/coas.e-conf.08.06085p.
Abstract (sommario):
This study aims to recall the ideas and activities in the field of law, politics, philosophy, the struggle for democracy and respect for human rights of two bright and exceptional personalities who left this world last year: Ruth Gavison (her areas of study include ethnic conflicts, protection of minorities, human rights, political theory, the judiciary, religion and politics, and Israel as a Jewish and democratic state. She was a member of the Israeli Academy of Sciences and Humanities. Nominated as a Judge at the Supreme Court of Israel in 2005.) and Ruth Bader Ginsburg (Judge at the Supreme Court of the United States. She upholds and defends the rights of women and people of color, gender equality.).
4
Dimovski, Darko, Nikola Obradović e Dragana Milovanović. "MUSLIMS IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS THROUGH THE PRISM OF FREEDOM OF RELIGION IN EDUCATION". In "Social Changes in the Global World". Универзитет „Гоце Делчев“ - Штип, 2022. http://dx.doi.org/10.46763/scgw221095d.
5
Nemţoi, Gabriela. "Interference with Freedom of Expression". In World Lumen Congress 2021, May 26-30, 2021, Iasi, Romania. LUMEN Publishing House, 2022. http://dx.doi.org/10.18662/wlc2021/50.
Abstract (sommario):
Established as a personal right, the right to free speech implies obligations and duties, which may generate possible restrictions. Freedom of expression works correctly in a legal framework when it comes to a legitimate aim in a state law. Article 10, paragraph 2, of the Convention explains the conditions under which the right to freedom of expression is justified by the need to protect certain public interests (such as those relating to national security, the territorial space of the state, public order, the prevention of crimes, the protection of health and social morals, the guarantee of authority and the impartiality of the judiciary) but also to protect certain private interests, such as reputation and the rights of others. persons or the need to prevent the publication of secret information. This paragraph basically authorizes states to take certain measures to protect those interests, which materialize through rules and normative rules of the right to conscience, opinion and freedom of expression States enjoy a margin of appreciation for establishing the need for such reactions in a state governed by the rule of law, but in the end it is also up to the European Court of Human Rights to rule on the compatibility of interference with the provisions of the Convention, assessing on a case-by-case basis if the interference arises as a result of the urgent social issues and whether it is fair.
6
Novaković, Milan. "IZAZOVI LOKALNOG OMBUDSMANA U SRBIJI U VREME „GLOBALNE PANDEMIJE"". In Razvoj i unapređenje institucije ombudsmana u funkciji zaštite ljudskih prava. University of Kragujevac, Faculty of Law, 2023. http://dx.doi.org/10.46793/ruio23.185n.
Abstract (sommario):
As the history of the civilization as we know it changed – so did The attitude about a man as a human being. With the evolution of society and human consciousness, human rights and freedoms also evolved, so troughout history we have seen people in The Old Century as a “slaves”, in The Middle Century as a “labor”, and in The New Century as a “citizens”. Civil and political rights are considered universal rights that apply to any of us and that each of us acquires(gets)at birth. The evolution in the development of human rights and freedom has led to the fact that they are incorporated into The Constitutions of countries, international affairs but the more acts are there - the greater are the chances that someone violates them. Freedom as a value today is going trough its greatest trials, and human rights and freedoms are being restricted today, more than ever before, for numerous of reasons, and The Concept of human rights development to the institutional framework called – The Constitution and citizen rights is called into question. In this Era of globalism and transhumanism acts(Protocols of WHO) passed by supranational organizations, such as The so-called “World Health Organization UN” have stronger legal power than the Constitution of states. Over time, The General acts of global/transnational organizations gained so much importance that they become more important to the administrative bodies in Serbia, than The most important legal act in the country – The Constitution. This is the root of all problems because the hierarchy of legal acts in the country is broken, so in the continuation of this paper, on the occasion of the twentieth anniversary of The Institution of The Local ombudsmen in Serbia, I’ll explain, using my example from practice how I - by protecting The Constitution of The Republic of Serbia and The Institution of The Local ombudsmen in Serbia – finished(ended up) at the court.
7
Dauster, Manfred. "Criminal Proceedings in Times of Pandemic". In 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.8.2.18.
Abstract (sommario):
COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.
8
Đurđević, Nenad. "KOLEKTIVNI ASPEKT SLOBODE VEROISPOVESTI". In MEĐUNARODNI naučni skup Državno-crkveno pravo. University of Kragujevac, Faculty of law, 2023. http://dx.doi.org/10.46793/dcp23.005dj.
Abstract (sommario):
By its importance to the greatest number of people, freedom of religion, both historically and in the modern world, has become their universal need and interest, with characteristics that enable and require a greater and more specific presence of law than in the case of the legal treatment of freedom of thought, conscience and religion, into which she herself enters. It is about the so-called absolute human right (the right of personality), for which a person cannot only be punished but also harassed, including forcing him to reveal his religion. Freedom of religion is, above all, man's spiritual sphere, which represents his forum internum. However, unlike freedom of thought and conscience, freedom of religion also has an external component (forum externum), i.e., a collective aspect, the essence of which is the possibility of professing faith in communication and community with other people, publicly and privately, through non-institutional and institutional forms. At the same time, for the vast majority of believers, the freedom to associate with others for the purpose of expressing their faith, that is, the possibility to freely form their own religious community in legally recognized forms, is of the same importance as the right to have a particular religion in general. Freedom of religion, as an individual right, can be annulled if it is not supplemented by the right of a religious group to build an infrastructure that enables individuals to fully enjoy that freedom and the right to autonomy in their internal affairs. The collective aspect of freedom of religion is often connected in practice with state intervention in favor of some, as a rule, majority religious community to the detriment of minority religious communities or with state interference in the internal organizational or personnel issues of a religious community. Many of these cases ended up before the European Court of Human Rights with a decision on the violation of freedom of religion, often with violations of the prohibition of discrimination or freedom of association. The European Court of Human Rights found in all those cases that such a position of the state is contrary to its obligation to act neutrally in relation to all churches and religious communities on its territory, from the point of view of realizing both individual and collective aspects of freedom of religion. The persecution of the Ukrainian Orthodox Church of the Moscow Patriarchate and its clergy by the Ukrainian state and the complete siding with the Ukrainian Orthodox Church of the Kyiv Patriarchate, which we have witnessed in recent years and especially in 2023, clearly show all the fragility and politicization of the guarantee of the collective aspect of freedom of religion when it conflicts with state and geostrategic interests and policies. We can also add the recent events regarding the adoption of the Law on Freedom of Religion in Montenegro and the conclusion of the Fundamental Agreement between the State of Montenegro and the Serbian Orthodox Church. It can be freely said that the realization of freedom of religion, and especially its collective aspect, for a certain religious community/group in practice most often essentially depends on its relationship with the state authority on whose territory it operates and the model of state-religious community relations applied in a particular state.
9
Denysenko, Kateryna. "SOCIAL RIGHTS IN PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS". In Priority Development Fields of the European Research Area. Publishing House “Baltija Publishing”, 2020. http://dx.doi.org/10.30525/978-9934-588-84-6-12.
10
Višekruna, Aleksandra. "PROTECTION OF RIGHTS OF COMPANIES BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS". In PROCEDURAL ASPECTS OF EU LAW. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2017. http://dx.doi.org/10.25234/eclic/6524.
Rapporti di organizzazioni sul tema "Wordl Human rights court":
1
Graef, Katherine. The European Court of Human Rights: Implications for United States National Security. Fort Belvoir, VA: Defense Technical Information Center, febbraio 2014. http://dx.doi.org/10.21236/ada613370.
2
Krasinsky, Vladislav. ON THE LEGAL POSITIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS AND THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION ON RESTRICTIONS ON VOTING RIGHTS BECAUSE OF CRIMIAL RECORD. LJournal, 2017. http://dx.doi.org/10.18411/a-2018-028.
3
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.
Abstract (sommario):
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.
4
Cvijić, Srdjan, Nikola Dimitrov, Leposava Ognjanoska Stavrovska e Ivana Ranković. Bilateral Disputes and EU enlargement: A Consensual Divorce. Belgrade Centre for Security Policy, maggio 2024. http://dx.doi.org/10.55042/xubk6023.
Abstract (sommario):
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.