Rozprawy doktorskie: „Human rights – Europe – Cases”

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

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This thesis critically examines the implementation of international human rights standards through a study of the situation of Europe's Roma majority. The foundations of the human rights standards as they apply to minorities are considered from a theoretical perspective to be deficient. The need to respect the collective aspects of identity as well as the individual dimensions has been recognised by many theorists but has not been translated into human rights norms. The consequences of the individualist emphasis are explored with respect to the rights of citizenship and education. The former suggests that a focus centred only on the individual can legitimise discriminatory treatment in the name of assimilation. When looking at the right to education it is apparent that the denial of minority culture and values in the education process has contributed to the lack of school achievement and educational disillusionment. Promising initiatives form the European Union place a greater emphasis on the need to support rather than diminish minority cultural values. An alternative approach stressing the importance of minority identity is considered by analysing the Hungarian system of minority self-government. The system, still in its infancy, recognises the collective interests of minority groups as well as the individual rights of group members. In conclusion it is argued that the present emphasis on the individual does little to protect the rights of members of marginalised minority groups. This realisation does not necessarily entail the prioritisation of collective over individual rights. Rather, it is argued that collective and individual rights be viewed as supplemental and inter-dependent.

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2

Nordlund, Alexandra. "Locus Standi in Climate Change Cases Before the European Court of Human Rights". Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-94743.

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

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

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4

Armendariz, Veronica S. "Paradox Lost: Explaining Cross-National Variation in Case Volume at the European Court of Human Rights". Digital Archive @ GSU, 2011. http://digitalarchive.gsu.edu/political_science_theses/41.

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

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Perkowski, Nina. "Humanitarianism, human rights, and security in EUropean border governance : the case of Frontex". Thesis, University of Edinburgh, 2017. http://hdl.handle.net/1842/23494.

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

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Tumay, Murat. "The European Convention on Human Rights : restricting rights in a democratic society with special reference to Turkish political party cases". Thesis, University of Leicester, 2006. http://hdl.handle.net/2381/31089.

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

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7

Soek, JanWillem. "The strict liability principle and the human rights of the athlete in doping cases". Rotterdam : Rotterdam : Erasmus Universiteit ; Erasmus University Rotterdam [Host], 2006. http://hdl.handle.net/1765/7548.

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

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

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

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Prasanna, Tanusri. "Normative underpinnings of the proscription of removals risking torture or cruel, inhuman or degrading treatment". Thesis, University of Oxford, 2015. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669705.

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Alshehri, Salem Saeed. "The right to a fair trial within a reasonable time in criminal cases : a comparative study between Saudi Arabia and the requirements of the European Convention on Human Rights, using English law as an exemplar". Thesis, University of Dundee, 2017. https://discovery.dundee.ac.uk/en/studentTheses/24c37900-ed45-4993-bb4c-491e7154d92c.

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This research investigates the right to a fair trial within a reasonable time within the Saudi Arabian criminal justice system. The European Convention on Human Rights 1950 (ECHR) has been used for comparison and as an aspirational model, and the thesis uses the English criminal justice system as an exemplar. The hypothesis of this thesis is that Saudi Arabia does not at present fully meet the aspirational norms of international human rights regarding this right, and that a study of how the right has been developed by the European Court of Human Rights (ECtHR) and applied by the English courts may prove fruitful for would-be reformers in Saudi Arabia. As such, the study strives to offer a comprehensive assessment of the right to a fair trial within a reasonable time in the Saudi Arabian legal system. Saudi Arabia’s recent enactment of the Law of Criminal Procedure 2013 (LCP), the Law of Procedure before Shariah Courts 2013 (LPBSC) and other reforms of the criminal justice system demonstrate its commitments to streamlining its system to meet international expectations. Despite these reforms, Saudi Arabia continues to experience troubling criminal prosecution backlogs and trial delays. The ECHR has been chosen for comparison because it complies with the Universal Declaration of Human Rights 1948 (UDHR), and because the ECtHR plays a key role in ensuring signatory states’ compliance with the Convention. England has been selected as an exemplar because of its strong, historic common law system and its constitutional history. The study uses comparative analysis to identify the strengths and weaknesses of Saudi Arabia’s legal system and to make recommendations for strengthening the right to a fair trial within a reasonable time so that the application of this right in Saudi Arabia satisfies international aspirational norms. The Saudi Arabian domestic legal system is not as flexible as England’s. Its system requires gradual modification that will be achievable through the implementation of the Arab Charter on Human Rights 2004 (ACHR) standards. Saudi Arabia can also make good progress in its human rights laws by establishing independent institutions to oversee the realisation of fair and expedited trials.

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Ericsson, Lina. "The Swedish Arms Trade and the Politics of Human Rights: : A Comparative Case-study of Swedish Weapon Exports to the Islamic Republic of Pakistan and the Russian Federation in the year of 2006". Thesis, Jönköping : Jönköping University. Jönköping International Business School, 2008. http://www.diva-portal.org/smash/get/diva2:3582/FULLTEXT01.

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Bodin, de Galembert Noémie de. "European Community and human rights : the antitrust enforcement procedure facing article 6 of the European Convention on Human Rights". Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78211.

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The Senator Lines' case, currently pending before the European Court for Human Rights, reveals a lack of procedural fairness of the European Antitrust enforcement under the terms of the European Convention for Human Rights. But in spite of a well-established concern for Fundamental Rights from the European Community, the later is still not bound by the Convention.
That is why it is critical that the EC accede to the Convention following the example of its branches. Meanwhile, it is necessary to determine whether the Member States could be held responsible for the Community's acts that violate the rights protected by the Convention. That is the question the Court will have to answer in the Senator Lines' case. Nevertheless, the Council Regulation which organises the antitrust enforcement procedure must be reformed in order to ensure an indispensable balance of power.

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Stoklosa, Arkadiusz. "Human rights in Turkey". Licentiate thesis, Halmstad University, School of Social and Health Sciences (HOS), 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:hh:diva-2281.

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This thesis is about Turkish accession to the European Union and criteria to be fulfilled in order to become a member state. At Helsinki summit there were defined four main areas, that are the main obstacles of Turkish membership in the structures of EU – military influence in domestic politics, economy disproportions, the issues of minorities living in Turkey and problems with obeying human rights and fundamental freedoms. In addition the attitude among European countries and Turkish political elites has changed dramatically since 1999. There is a great discussion, whose main purpose is, to show if Turkey should or shouldn’t become a part of united Europe. With the help of created conceptual framework, which is empirically based on qualitative methods and with theoretical approach in form of analysis considering human rights, I have developed a set of three hypotheses, that are based on primary and secondary sources like EU, Human Rights Watch, Amnesty International reports considering changes of Turkish attitude to the question of human rights. In the process of testing validity or invalidity of those hypotheses, I have tried to conclude, why the implication of reforms considering human is the main obstacle of Turkish membership in the EU.

The paper may be used free, but it is forbidden to copy or use directly any parts of it without earlier contact with author.

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15

Gropas, Rubini. "Human rights and foreign policy : the case of the European Union". Thesis, University of Cambridge, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.272786.

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Voiculescu, Aurora. "Prosecuting history : political justice in post-Communist Eastern Europe". Thesis, London School of Economics and Political Science (University of London), 1999. http://etheses.lse.ac.uk/1564/.

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Fifty years after the Nuremberg trials, Europe is challenged once again with a question: Who is responsible for state-sponsored violations of human rights. This time, those put on trial or ostracised from power are elements of the Communist structures of control. Some observers have criticised these measures of political justice, comparing them to a 'witch hunt,' and accusing the courts and legislature of often engendering an unjustifiable collective guilt. In contrast, others have claimed that not enough is being done; that the people of Eastern Europe "have asked for justice, and got the rule of law." In this thesis, the author proposes an assessment of the process of political justice taking place in post-Communist Eastern Europe. The approach taken is from the perspective of the role played in this process by the concept of collective responsibility of political organisations for violations of human rights. While concentrating on the way collective responsibility appears in the criminal law measures taken in Hungary, and in the administrative procedures of screening used in the Czech Republic, the thesis also aims to offer a comprehensive picture of the general debate on accountability for past human rights violations which takes place in post-Communist Eastern Europe. The thesis underlines the complexity of the political reality in which the expectations for accountability for state-sponsored violations of human rights are answered. It also emphasises the importance for this answer to acknowledge the nature of the Communist regime, and of its representative structure known under the name of Nomenklatura. Based on these elements, the author argues for the necessity of combining individual and collective responsibility for human rights violations. A reconstructed concept of collective agency and collective responsibility appears to be the solution to the inconsistencies otherwise manifested in a process of political justice. Such concepts, the author argues, should allow for the acknowledgement - through commissions of truth, as well as through prosecution and screening - of the role played by the Communist structure of power in the violations of human rights which took place under its regime.

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Goss, Ryan Allan. "Rethinking Article 6 : the criminal fair trial rights case law of the European Court of Human Rights". Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:ca24a337-7cde-4fa0-aee6-4f79d9076b94.

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This thesis is a critique of the European Court of Human Rights’ case law on the right to a fair trial in criminal cases. It is the result of a focussed and extensive survey of Article 6 case law, and, unlike other work on Article6, does not analyse each component right of Article 6 one-by-one. Instead, the thesis considers ‘cross-cutting’ themes common to all, or many, of the Article 6 component rights: how the Court interprets Article 6, how the Court sees its role in Article 6 cases, how the Court approaches Article 6’s internal structure, the Court’s implied rights jurisprudence, and how the Court assesses alleged Article 6 violations. In considering how the Court assesses alleged violations of Article 6, the thesis charts the Court’s attempts to solve ‘the puzzle of Article 6’: how should violations of Article 6 be assessed in the absence of an express metaprinciple? In this regard the thesis examines notions such as the proceedings as a whole test, counterbalancing and defect-curing, the ‘never fair’ jurisprudence, and the extent to which the public interest may justify restrictions on Article 6. The thesis uses a rule of law framework to test the Article 6 case law for its ability to provide guidance to citizens, lawyers and officials. It argues that the case law is marked by considerable uncertainty, inconsistency, and incoherence, with the result that the ability of that case law to provide guidance is significantly undermined. Indeed, the thesis establishes that there is inconsistency and uncertainty within the various tools and approaches used by the Court, and that there is significant incoherence between those approaches. To the extent the thesis makes a normative argument, it constitutes a robust and targeted call for the Court to adopt in this area of law a renewed, rejuvenated approach that is more consistent, more coherent, and better explained.

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Richardson, Russell Mark. "A comparative examination of the protection of individual rights in the European Community leading towards th creation of a European administrative system". Thesis, Anglia Ruskin University, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.297650.

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Strick, Ross. "Canadian international human rights policy, the cases of Cuba and China". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ30989.pdf.

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SACAVINO, SUSANA BEATRIZ. "HUMAN RIGHTS EDUCATION IN DEMOCRATIZATION PROCESSES: THE CHILEAN AND BRAZILIAN CASES". PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2008. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=11871@1.

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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO
A década de 1980 na América Latina se caracteriza pelo fim das ditaduras em vários países do continente e o início de processos de redemocratização. Nesse contexto, inicia-se a educação em/para os direitos humanos, que envolveu no seu processo de desenvolvimento diferentes sujeitos históricos, indivíduos, grupos e instituições de diversos tipos, especialmente ONGs. A presença do Estado e a elaboração de políticas públicas também foram progressivamente se afirmando. A tese aborda essa temática a partir da compreensão da evolução da educação em/para os direitos humanos na América Latina, tendo presente seu desenvolvimento no contexto internacional. Analisa as inter- relações entre o papel dos diferentes atores sociais, organizações não-governamentais e outras instituições da sociedade civil, governo etc. na promoção da educação em/para os direitos humanos em contextos sociopolíticos de redemocratização. Nesse sentido, apresenta dois estudos de caso - Chile e Brasil -, privilegiando, do ponto de vista metodológico, entrevistas realizadas com profissionais que tiveram participação ativa nesse processo. Discute as principais questões e desafios para o desenvolvimento da educação em/para os direitos humanos no momento atual do continente.
The 1980s in Latin America were marked by the fall of dictatorial regimes in many countries in the continent and by the installation of redemocratization processes. Within this context, human rights education emerged. Its development process involved different historical subjects, individuals, groups and different types of institutions, specially non-governmental organizations. State presence and the elaboration of public policies steadily increased. This thesis investigates the theme with the objective of understanding the evolution of human rights education in Latin America, focusing on its development in the international context. It analyses the inter-relationship between the roles of different social actors, non- governmental agencies organizations and other civil society or governmental institutions etc. in promoting human rights education in socio-political redemocratization contexts. In order to accomplish this, two case studies are presented - Chile and Brazil. Special emphasis is given to interviews carried out with professionals who were actively involved in the process. It also discusses the main questions and challenges faced by human rights education in the continent today.

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Sithole, Kundai Mudiva. "The council of Europe : Political legitimation and European human rights protection". Thesis, University of Reading, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.529992.

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Garland, Ross. "Cross-citation in death penalty cases and the internationalisation of human rights". Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:5058e6e1-26f6-4207-8ce0-9fa80bde5e43.

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This thesis examines why courts in the United States of America (US), India and South Africa refer to foreign law in death penalty cases. To gain an understanding of what drives the apex courts of the US, India and South Africa to cite foreign law when considering domestic death penalty issues, this thesis proposes a three-part matrix to both assess the relevant case law and to analyse the academic literature on cross-citation. Firstly, it will be demonstrated that judges in national courts cross-cite comparative law out of a primary interest in constitutional interpretation. Cross-citation is used in this manner to assist judges in their domestic interpretative tasks. Secondly, it will be illustrated how courts that engage in the citation of foreign law also seek guidance from other jurisdictions as to the content of shared values, such as what type of punishment does not fundamentally and unlawfully violate the right to human dignity. Finally, this thesis assesses to what degree courts from the three selected jurisdictions are additionally referencing or applying a customary international law norm when citing foreign sources. The argument is made that the domestic courts under examination engage with comparative law in the context of a broader transnational normative project, taking the international human rights framework that developed after the Second World War as a key reference point. In doing so, this thesis argues that these courts are at times recognising and developing emerging customary norms, and at other times giving effect to and enforcing applicable international human rights law.

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Weiß, Norman. "„Democracy, Minorities and Human Rights Education in Europe, Workshop im Rahmen des von der Volkswagen Stiftung geförderten Forschungsprojekts „Teaching Human Rights in Europe" <2004, Berlin> / [Tagungsbericht]". Universität Potsdam, 2004. http://opus.kobv.de/ubp/volltexte/2011/5587/.

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Tagungsbericht: Weiß, Norman: „Democracy, Minorities and Human Rights Education in Europe" <2004, Berlin> / Workshop im Rahmen des von der Volkswagen Stiftung geförderten Forschungsprojekts „Teaching Human Rights in Europe" am 5. und 6. März 2004.

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Lewis, Dave. "Indigenous rights claims in welfare capitalist society: recognition and implementation: the case of the Sami people in Norway, Sweden and Finland". Master's thesis, Stockholm University, 1996. http://hdl.handle.net/1885/266992.

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The purpose of this paper is to describe, analyse and compare the formal responses of the Norwegian, Swedish and Finnish states to nationalist claims asserted by the Sarni people. Features unique to both the historical and contemporary circumstances of the Sarni in the three respective Nordic countries are examined, at one level, in the light of international law and the standards of minority rights, and at another level with respect to some of the more salient values and principles which clearly have shaped state - Sarni relations. The study is particularly concerned to examine recent and ongoing reforms in Nordic Sarni affairs, especially those of a legal-constitutional nature as well as those which primarily concern the allocation and re-allocation of welfare state resources. It seeks to appraise the adequacy of the relevant legislative and budgetary measures initiated by each of the states vis-a-vis the extent to which such measures can be seen to aid each in fulfilling its obligation under international law to provide for the maintenance of Sarni cultural and linguistic identity. In as mu_ch as this work represents an examination of but one indigenous people's struggle to recreate equitable relations in three states, its findings and observations are nevertheless expected to be of some reievance in improving our understanding of similar, ongoing processes elsewhere in the Western world. The research strategy was based on two principal fonns of data: an official form , and literature and related research sources. Briefly, the collection and analysis of 'official' data consisted mainly of: government bills and formal legislation; reports from government-appointed commissions and the formal written responses of affected interest group organizations (including Sarni national organizations) and government agencies to the commission reports; formal position papers and resolutions of Sarni organizations, and political parties represented in parliament; and official expenditure information from government budget documents and other official sources. The exploratory nature of this study was complemented, on the one hand, by several unstandardized interviews conducted mainly during the Spring, Summer and Autumn of 1992, and; on the other hand, by observation at a number of annual conferences convened by Sarni political organizations mainly during the same period. The interviews were held with representatives of various Sarni national organizations, government civil servants, parliamentarians, local government officials, parliamentary assistants, expert-scholars and researchers. The findings of this study indicate that while none of the respective Nordic states have yet to recognize the Sarni claim to land and resources and self-government, each has gone to different lengths to preserve and promote the cultural and linguistic identity of their respective Sarni communities. However, insofar as Norwegian and Finnish governments have yet to fonnally accept claims from their respective Sarni communities, they have at least acknowledged that certain grievances - based on the historical record - do exist and have directed government commissions to investigate and consider the issues. Governments in Sweden, on the other hand, have pointedly refused to commission the investigation of similar grievances expressed by the Swedish Sarni population. Indeed, in the light of a number of recent actions initiated by Swedish governments, the official Swedish position on Sarni claims apparently involves much more than simply refusing to acknowledge the validity of such claim rights, it constitutes an all out assault on the very premise of Sarni native rights in Sweden.

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Milli, Ece. "Assessing The Human Rights Regime Of The Council Of Europe In Terms Of Economic And Social Rights". Master's thesis, METU, 2012. http://etd.lib.metu.edu.tr/upload/12615020/index.pdf.

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This thesis seeks to answer the question whether economic and social rights have the same status with civil and political rights under the human rights regime of the Council of Europe. To this end, the thesis examines the assumptions with regard to the nature of economic and social rights, on the one hand, and civil and political rights, on the other. Second, it seeks to find out whether the nature of economic and social rights is different from that of civil and political rights. Third, it examines how the protection of and approach to the two sets of rights developed in the Council of Europe. Finally, it assesses the contemporary protection of economic and social rights in the Council of Europe in comparison to protection of civil and political rights.

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26

Leonaitė, Erika. "Principle of Proportionality in the Case Law of the European Court of Human Rights". Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2013. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2013~D_20130925_093005-25212.

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The dissertation explores the principle of proportionality as an instrument deriving from the notion of "democratic society" and applied by the European Court of Human Rights (ECtHR) in order to establish whether national institutions succeeded in striking a fair balance between the conflicting Convention rights or between competing individual and public interests. In the first chapter, after presenting the origins of the principle, the development of a three-tiered proportionality test and its dissemination, the main parameters relevant for the analysis of this principle are identified and the main issues of academic discussion concerning the application of proportionality by the ECtHR are revealed. The second chapter explores the evolution of the application of the proportionality principle in the case law of ECtHR and reveals the main features of proportionality test as applied in the early practice of Convention institutions. The third chapter deals with the interaction of the principles of proportionality and subsidiarity, in particular examining the impact of margin of appreciation doctrine upon the proportionality assessment conducted by the ECtHR and analysing the contents and interplay of the factors determining the width of the margin of appreciation. The forth chapter explores both commonalities and peculiarities of the application of proportionality principle in the context of different Convention rights and exposes the main criteria relevant to the balancing... [to full text]
Disertacijoje nagrinėjama proporcingumo principo, kaip iš demokratinės visuomenės idėjos kylančio instrumento, Europos Žmogaus Teisių Teismo (EŽTT) pasitelkiamo siekiant nustatyti, ar nacionalinės institucijos išlaikė teisingą pusiausvyrą tarp konkuruojančių Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos (Konvencijos) ginamų teisių ar tarp Konvencijos teisių ir viešų interesų, sampratos ir taikymo praktikos problematika. Pirmoje disertacijos dalyje, aptarus proporcingumo principo kilmę, trinario proporcingumo tyrimo modelio susiformavimą ir sklaidą, apsibrėžiami svarbiausi proporcingumo tyrimui reikšmingi parametrai ir atskleidžiama EŽTT taikomo proporcingumo principo sampratos problematika mokslinėje literatūroje. Antroje dalyje nagrinėjama proporcingumo principo taikymo EŽTT praktikoje raida ir plėtra, identifikuojami pagrindiniai ankstyvojoje Komisijos ir Teismo praktikoje taikyto proporcingumo testo bruožai. Trečioje dalyje tiriama proporcingumo principo sąveika su subsidiarumo principu, atskleidžiamas vertinimo laisvės doktrinos poveikis EŽTT atliekamam proporcingumo vertinimui, tiriami vertinimo laisvės apimtį lemiantys kriterijai ir jų sąveika. Ketvirtoje dalyje analizuojama proporcingumo principo taikymo praktika skirtingų Konvencijos ginamų teisių kontekste, atskleidžiant tiek bendruosius principo taikymo bruožus, tiek ir Teismo taikomos priežiūros intensyvumo nulemtus proporcingumo testo ypatumus. Paskutinėje dalyje EŽTT taikomas balansavimu grindžiamas... [toliau žr. visą tekstą]

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27

Drewes, Stephan [Verfasser]. "Reservoir-driven inhomogeneous distribution of human Puumala virus cases in Central Europe / Stephan Drewes". Greifswald : Universitätsbibliothek Greifswald, 2016. http://d-nb.info/1116432986/34.

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Tolliner, Lina. "The right to life in Europe : Its beginning and end". Thesis, Örebro University, School of Law, Psychology and Social Work, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-10917.

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The European Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) was adopted in 1950. One of the most important rights established therein is the right to life, which can be found in article 2.

The purpose of this thesis is to examine how far the scope of this right reaches concerning the beginning and the end of life. This is mainly done by examining the case-law of the European Court of Human Rights (“the Court”) which is set to monitor the observance of the rights. To make this thesis manageable, the three areas of abortion, euthanasia and the death penalty have been chosen as the starting-point of the examination.

The position of the three areas among the member states varies. Abortion and euthanasia have been regarded by the Court as sensitive areas in which the states have a wide margin of appreciation to decide on their own. This is much due to the lack of consensus within the states as to how they should be regulated.

Whether the unborn foetus is protected by the Convention and in such case to what extent is still in dispute. This is also the case concerning when life begins. The Court has stated that any right the foetus may possess is limited by the rights of the mother. They have also said that they do not want to impose a certain view on the member states.

The Commission has stated that if the foetus would have an absolute right to life under the Convention, then it would lead to serious implications for the mother, as she would not be able to have an abortion in any circumstance. Also, in Vo v. France one of the dissenting judges stated that the foetus’ right to life have to be narrower in scope than the right of the born.

In the case Pretty v. the United Kingdom the Court unanimously ruled that article 2 does not include a right to die. However some member states, like the Netherlands, have made euthanasia legal without being found to violate its obligations under the Convention. Consequently, it does not seem to be against the Convention for states to make their own legislation allowing for euthanasia to be practiced.

One important aspect to this debate is whether one considers life to be inalienable or not. The Parliamentary Assembly of the Council of Europe has said that even though the rights of the terminally ill should be respected, it does not mean that one has the right to die at the hands of someone else. The Court has also said that in this area, it is important to protect those vulnerable from being used, and therefore states have the right to legislate against euthanasia.

The situation is different when it comes to the death penalty. Two additional protocols have been adopted restricting or completely abolishing the penalty since the adoption of the Convention. In 1950 there was no possibility to exclude the right to use the death penalty from the Convention since many European states still retained it in their domestic laws. However, the development since has moved towards a complete abolition. This is for instance evident since aspiring members of the Council of Europe have to be willing to abolish the penalty to be accepted.

The Court has dealt with the death penalty in several cases. In Soering v. the United Kingdom they said that extraditing someone to a state where he or she risks being executed not automatically means a violation of the right to life or the prohibition of torture. In Öcalan v. Turkey they established that the imposition of the death penalty after an unfair trial was a violation of article 3. Also, they considered the death penalty to now be regarded as an unacceptable punishment in peace time. Abolition of the death penalty is something the Council of Europe has worked for in decades to realise.

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29

Polakiewicz, Jörg. "Corporate Responsibility to Respect Human Rights : Challenges and Opportunities for Europe and Japan". 名古屋大学法政国際教育協力研究センター(CALE), 2012. http://hdl.handle.net/2237/20105.

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30

Yon, William Thompson. "Overlapping human rights jurisdictions in Europe: an application of constructivism to regional studies". Oberlin College Honors Theses / OhioLINK, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1285871087.

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31

Giuffre', Mariagiulia. "Seeking Protection in Europe: Refugees, Human Rights, and Bilateral Agreements Linked to Readmission". Doctoral thesis, University of Trento, 2014. http://eprints-phd.biblio.unitn.it/1247/1/PhD_Thesis_M_Giuffr%C3%A9.pdf.

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This thesis lies at the junction of migration control and refugee protection. As asylum is a migration-related matter, it can be difficult for States to dissociate it from the fight against irregular immigration. Asylum, as a measure for protecting refugees and other persons in need of international protection, may thus easily come into conflict with policies and practices derived from strict border control considerations. This thesis concentrates upon this tension and aims, primarily, to investigate - with a specific focus on the European Union (EU) geographical context - whether the implementation of bilateral agreements linked to the readmission of irregular migrants can hamper refugees’ access to protection, understood here as the combination of the right to non-refoulement and an individual’s right to have access to asylum procedures and effective remedies before return. The material content and the normative scope of these protection standards is thus analysed through the lens of international refugee and human rights law and in respect of the traditional rules of treaty interpretation. The central objective of this thesis is to develop the concept of agreements linked to readmission by broadening – to my knowledge, for the first time - the scope of legal analysis to the multifaceted framework of bilateral cooperation arrangements connected to the readmission of irregular migrants from the EU to third countries of origin or transit. This encompasses written accords employed to facilitate the forced return of undocumented migrants from the territory of an EU Member State (standard readmission agreements and diplomatic assurances on the fair and humane treatment of the deportee, especially if formalized within MoUs), and those agreements for technical and police cooperation that are de facto utilized by EU Member States to divert migrants back to the ports of departure before they arrive to the destination country. In order to fully understand the real impact of bilateral agreements linked to readmission on refugee rights, it is necessary to acknowledge that the study of legal texts alone will not suffice in gaining a sufficiently comprehensive approach. Rather, equal attention has also to be accorded to the implementation of the law, and, as a result, a number of case studies have been incorporated as an integral element of the methodological framework. This thesis concludes that the text of agreements linked to readmission does not seem to raise per se issues of incompatibility with core refugee rights. However, in situations of informal border controls, massive arrivals, public emergency, and pre-arrival maritime interceptions, the enforcement of these bilateral agreements can de facto hamper refugees’ access to protection. Therefore, this thesis will make a number of recommendations as a platform for further discussion among legal scholars and policy-makers.

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32

Ferrario, Ljuba. "Human rights protection and national interest: the case of border fences in the European Union". Master's thesis, Vysoká škola ekonomická v Praze, 2017. http://www.nusl.cz/ntk/nusl-359782.

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Ever since the beginning of the refugee crisis, the efficiency of the Common European Asylum System has been questioned by MSs and European institutions. Recently, physical barriers have been built by an increasing number of countries in the European Union for the purpose of border controls. Simultaneously, several human rights organization have expressed their concerns on the violation of the right to asylum and of the prohibition of inhuman and degrading treatment resulting from the adoption of this method. This research will analyze this phenomenon through the perspective of international relations theory. The analysis will consider the realist approach in opposition to the liberal one, trying to assess whether border fences can be defined as an expression of national interest which compromises international cooperation in the field of human rights.

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33

Malloy, Tove. "The 'politics of accommodation' in the Council of Europe after 1989 : national minorities and democratization". Thesis, University of Essex, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369369.

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34

Wortmann, Martin [Verfasser]. "The Institutionalization of Human Rights Impact Assessments : the Case of the European Union / Martin Wortmann". Gießen : Universitätsbibliothek, 2020. http://d-nb.info/1216143838/34.

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35

Lamarche, Lucie. "L'actualisation des engagements des pays occidentaux à l'égard du droit international des droits économiques de la personne". Doctoral thesis, Universite Libre de Bruxelles, 1994. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212652.

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36

Frumer, Philippe. "La renonciation aux droits et libertés dans le système de la convention européenne des droits de l'homme". Doctoral thesis, Universite Libre de Bruxelles, 1999. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211909.

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Tyrrell, Hélène. "The use of foreign jurisprudence in human rights cases before the UK Supreme Court". Thesis, Queen Mary, University of London, 2014. http://qmro.qmul.ac.uk/xmlui/handle/123456789/9066.

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This thesis is the first major study of the UK Supreme Court’s use of jurisprudence from foreign domestic courts in human rights cases. It contributes to the debate on judicial comparitivism by asking when, how and why the Supreme Court uses foreign jurisprudence, as well as whether the Court should be making greater use of it. The research findings are drawn from quantitative and qualitative analysis of judgments handed down by the Supreme Court during its first four years (2009-2013). These are supported by evidence obtained through interviews with ten Justices of the Supreme Court, one Lord Justice of Appeal and the eight Supreme Court Judicial Assistants. In the absence of legislative guidance, the use of foreign jurisprudence is neither consistent nor systematic. Different Justices use foreign jurisprudence to different degrees and for different reasons. The main use of foreign jurisprudence is as a heuristic device: it provides the Justices with a different analytical lens through which to reflect on their own reasoning about a problem. Some Justices also use foreign jurisprudence when interpreting a common legislative scheme and to support their conclusions. As a result, the Justices use foreign jurisprudence differently according to the audience to whom their reasons are addressed. Thus foreign jurisprudence can assist the Supreme Court to enter into dialogue with the Strasbourg Court. However, this thesis does not support theories of transjudicial dialogue with other domestic courts; the evidence does not indicate that the Supreme Court considers itself to be part of global conversation. Further, the use of foreign jurisprudence is limited by practical barriers including, but not restricted to, time pressures, the availability of comparative resources and the greater use of plurality style judgments. These barriers are worth addressing if the Supreme Court is to fully utilise the heuristic value of foreign jurisprudence.

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38

Balfour, Rosa. "Human rights and democracy in EU foreign policy : the cases of Ukraine and Egypt". Thesis, London School of Economics and Political Science (University of London), 2008. http://etheses.lse.ac.uk/2730/.

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This thesis empirically analyses the role that human rights and democracy have played in European Union foreign policy towards Ukraine and Egypt since the end of the Cold War. It departs from the dominant approach in international relations theory that conceptualises the pursuit of such aims as an illustration of the EU's sui generis actorness, to trace empirically the sources of the rhetorical inclusion of human rights and democracy in foreign policy and their implementation. The thesis argues that the 'logic of diversity' provides the most powerful means to understand the 'push' factors that led to the integration of human rights and democracy in EU foreign policy and the 'brakes' in their implementation. Whereas scholars have suggested numerous ways in which such 'normative' positions are overridden by other strategic concerns, my research findings conclude that the EU increased its 'normative' coordination in parallel to pursuing further engagement with third countries on key interests, making the dilemma between 'principles and interests' more acute. Notwithstanding the finding that EU action has been, mostly but not exclusively, limited to declaratory positions, the single most important factor jeopardising a stronger policy can be located in the intergovernmental politics within the Union. Human rights and democracy have thus been pushed up the EU agenda thanks to the 'policy entrepreneurship' of some member states, at times succeeding in persuading other more reluctant EU actors. Their 'institutionalisation' has also helped raise the costs of non action. The motivations can range from instrumentalist rationality to cognitive views about the legitimacy of such principles. However, these are trumped not just by conflicting 'interests', but also by different cognitive understandings of the opportunity to pursue human rights and democracy. Action is thus the result of bargaining between different 'constituencies' within the EU on the basis of both rationalist arguments as well as ideational views.

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39

VERSTICHEL, Annelies. "Representation and identity : the right of persons belonging to minorities to effective participation in public affairs : content, justification and limits". Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13178.

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Defence date: 13 December 2007
Examining Board: Prof. Bruno De Witte (EUI); Prof. Paul Lemmens, (Katholieke Universiteit Leuven); Prof. John Packer, (University of Essex); Prof. Wojciech Sadurski, (EUI)
Awarded the Mauro Cappelletti Prize for the best comparative law doctoral thesis, 2008.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This doctoral thesis aims at investigating this new international right of persons belonging to minorities to effective participation in public affairs. What is its content? What is its justification and what is it aiming at? Are there any limits to its implementation and what kind of problematic issues are involved? The example of Bosnia and Herzegovina as described above illustrates that organising representation along ethnic lines raises challenging questions. These will be explored in this PhD.Our investigation of the right of minorities to effective participation in public affairs will run through five chapters: Chapter 1 will outline the theoretical framework; Chapter 2 will examine the political rights in the general human rights instruments; Chapter 3 will study the provision on effective participation in public affairs in the three key minority rights instruments of the 1990’s; Chapter 4 will look at the range of possible domestic mechanisms implementing the right of minorities to effective participation in public affairs through a comparative national law approach; and Chapter 5 will illustrate Chapter 4 by zooming in on three case studies, namely Belgium, Italy and Hungary.

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40

Costello, Cathryn. "Destination Europe : human rights & admissions to the EU's area of freedom, security and justice". Thesis, University of Oxford, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.543697.

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41

Mapfumo, Tafadzwa. "Whither to, the judiciary in Zimbabwe? A critical analysis of the human rights jurisprudence of the Gubbay and Chidyausiku Supreme Court benches in Zimbabwe and comparative experiences from Uganda". Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1145.

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"The judiciary in Zimbabwe used to be viewed as a progressive bench recognised for its activism, particularly its purposive approach in interpreting the Bill of Rights to ensure protection of human rights. It was one of the best Commonwealth judiciaries, which was inspired by international standards in interpreting human rights and at the same time contributed to the origination of normative standards through its decisions. Although Zimbabwe is a dualist system, the judiciary accepted and drew inspiration from international human rights treaties. The Supreme Court (SC) under Chief Justice (CJ) Gubbay (the Gubbay bench) made several progressive pronouncements that favoured the promotion and protection of human rights. In tandem with its tradition of judicial independence, the judiciary interpreted draconian legislation in favour of human rights often striking down the offensive clauses in legislation. Indeed the perception towards the judiciary by the common person was that of a protector of human rights. One landmark human rights decision on the Land Reform Programme (LRP) stated that farm invasions were unlawful and an affront to section 16 of the Constitution. The SC ordered the executive to take necessary measures to ensure that invasions were sanctioned. It further requested the executive to furnish a plan of action for the LRP. The execuitve did not welcome this ruling and the SC judges wre hounded out of office in a clear culmination of judiciary-executive tension. A new bench came in under CJ Chidyausiku (the Chidyausiku bench). This bench made several rulings that took away individual property rights without justification. In a clear shift of jurisprudential ideology, the current bench has not engaged in activism resulting in less, if not no, protection of human rights. The disparity in the jurisprudence is evident in other cases. The current bench seems to have abrogated its mandate to protect human rights. This study is thus prompted to investigate why the different benches in Zimbabwe have produced totally variant jurisprudence, particularly in light of the fact that the judiciary is operating under the same laws and is appointed under the same procedures as before. ... Chapter 1 sets out the focus and content of the study. Chapter 2 gives a national framework for human rights protection in Zimbabwe. This looks at the structure of courts in Zimbabwe. Special emphasis is placed on the SC as the court that has the prime mandate of protecting human rights. Constitutional guarantees for the independence of the judiciary and the Bill of Rights, among others, is analysed. Chapter 3 deals with human rights jurisprudence of the SC benches. The chapter focuses on approach of the benches to human rights protection. It examines the approach to procedural and technicalities that often hinder human rights litigation and protection such as standing, delay, interpretation, compliance with court orders and use of international instruments. Chapter 4 focuses on the experiences from Uganda and analyses the approach of the Ugandan courts. Chapter 5 consists of best practices from the two jurisdictions, conclusion and recommendations for the Zimbabwean judiciary." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
Prepared under the supervision of Professor Frederick Jjuuko at Human Rights and Peace Centre, Faculty of Law, Makerere University in Uganda
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

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42

Balducci, Giuseppe. "The EU's promotion of human rights in China : a consistent and coordinated constructive engagement?" Thesis, University of Warwick, 2010. http://wrap.warwick.ac.uk/3895/.

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This thesis investigates whether the European Union and its member states have been able to balance normative priorities – specifically the promotion of human rights – and material priorities – specifically economic interests – within the strategy of constructive engagement towards China embraced since 1995. In order to respond to this central question this thesis originally elaborates a liberal intergovernmental approach for the study of the promotion of human rights within the EU’s system of multilevel governance in external relations. Such an approach is applied to analyse the issues of consistency and coordination in the policies for the promotion of human rights in China elaborated by the European Community and three selected member states, namely Germany, France and the UK. The choice of the country cases serves theoretical and analytical purposes. At a theoretical level it allows consideration as to whether the EU’s overall policies were mainly influenced by the interests and policy preferences of the three selected member states, which had the most bargaining power and the highest stakes in China, as expected by liberal intergovernmentalism. At an analytical level, the choice of the country cases allows for consideration of whether the EC’s policies for the promotion of human rights in China were coordinated with those of the three selected member states, which had the most conspicuous development assistance policies towards China and whose approaches to human rights in the country were broadly representative of the other member states. This supports the assessment of the achievement, or otherwise, of a significant EU promotion of human rights through development assistance in China. From the study it emerges that the EC and its three selected member states have been unable to devise consistent and coordinated policies for the promotion of human rights in China. On the one hand these findings suggest that the EU and its member states have been unable to balance normative and material priorities in their relations with China. On the other hand this thesis illustrates that this was due to the influence of the material interests and policy preferences of Germany, France and the UK, thus supporting the expectations of liberal intergovernmentalism. These findings form an original contribution to the study of the EU’s promotion of norms because they suggest that the EU can promote human rights, as well as other norms, in a consistent, coordinated and ultimately strategic way, only if the member states with the most bargaining power and the highest stakes in a specific policy issue privilege normative interests over material ones. At the same time this thesis offers an original contribution to EU-China studies on human rights, as it suggests that due to the present interests of the most influential member states, the EU’s promotion of human rights should be reframed to address what Chinese authorities are willing to accommodate in the human rights field, namely give preference to the support of socio-economic rights, where a consensus among the EU’s member states can more easily be built.

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43

Holtz, Catarina. "Due process for industrial property : European patenting under human rights control". Doctoral thesis, Handelshögskolan i Stockholm, Rättsvetenskap (RV), 2003. http://urn.kb.se/resolve?urn=urn:nbn:se:hhs:diva-1417.

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44

Christalo, Pablo Mike Hayes. "Equality before the law in criminal cases before the Indonesian tribunal from the human rights committee standards /". Abstract, 2004. http://mulinet3.li.mahidol.ac.th/thesis/2547/cd374/4437792.pdf.

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45

Yorke, Jon. "The Council of Europe and the death penalty : the relationship of state sovereignty and human rights". Thesis, University of Warwick, 2008. http://wrap.warwick.ac.uk/4106/.

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This study investigates the processes of the removal of the death penalty within the Council of Europe and its Member States. An evaluation is conducted of the relationship of sovereignty and the death penalty in this region, and the significance of the Council's attempts to penetrate this relationship is analysed. The foremost motivation of this study is to understand how solid the removal of the death penalty is, and to reveal what can be learned from the legislative activity of the Member States and the various Parliamentary Assembly and Committee of Ministers' enactments, and the case-law of the European Commission of Human Rights and the European Court of Human Rights. It is my hope that this study will help ensure that the death penalty remains removed from this European region.

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46

Karvounakis, Theodosios. "Fair criminal evidence in Europe : from the European Convention on Human Rights to EU criminal law". Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/3370.

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The goal of the thesis is to explore how a concept of fair criminal evidence in Europe can be utilised by the EU in its further steps of integration in the area of European Criminal Law. The answer to this question presupposes that there is indeed such a concept and the exploration can be further split in two questions. Which are the characteristics of a concept on evidential fairness in Europe? Which are the applications of this concept in EU Criminal Law? As far as the characteristics of such a concept are concerned, it is argued that fairness in evidential matters in a European level comes into existence in the realm of the Council of Europe. Article 6 of the European Convention on Human Rights is presented as evidence-‐relevant, while the context of Strasbourg’s case law is proposed as the right platform for finding the material needed for the distillation of the principles of evidential fairness. In relation to the second question, the interest moves into the European Union and the evidential matters in the context of judicial cooperation in criminal matters. More specifically, it is discussed how the findings about a fair criminal evidence concept apply to the judicial cooperation in criminal evidence in EU level. By the term ‘applying’ it is meant the testing of two different conditions; firstly, if the principles adopted are already followed in practice, and to what extent, and secondly, how they can improve and adjust the existing system. In this process the key role of mutual recognition’s character is demonstrated and particular amendments to existing and future legislative instruments such as the European Evidence Warrant and the European Investigation Order are proposed.

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47

Kuzmarov, Betina. "Constructing a basis of corporate liability for massive violations of human rights : using the common core of European private law". Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78218.

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In a three point argument, it is asserted that general principles of law can be used to establish liability of corporations for massive violations of human rights. First, there is a lacuna in the law in this subject. Second, the constructivist approach to international relations contends that international norms are obeyed when they are internalized, so, conversely, the assertion is made that domestic law could be used to identify international norms, expanding the usefulness of general principles of law. Thirdly, general principles of law can be identified by comparative law methodology, so using one comparative method, The Common Core of European Private Law, should uncover principles of corporate liability. Lastly, an adaptation of this methodology is then applied to four countries.

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48

Alkan, Yavuz Selim. "The Effectiveness Of The European Union As A Normative Power: Human Rights Conditionality In The Case Of Turkey". Master's thesis, METU, 2008. http://etd.lib.metu.edu.tr/upload/2/12610073/index.pdf.

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In this thesis it is attempted to shed some light upon the limits and effectiveness of the role of the European Union (EU) as a normative power has played in the transformation of Turkish politics especially in the case of human rights issues. First of all, this study reviews the original and current debates over the civilian and normative power Europe ideas, searches to find common elements underlying those accounts and assesses to what extent they offer an adequate categorization of the EU&rsquo
s international significance. One of the main arguments of this thesis is that the EU is generally considered as the catalyst or the anchor of the reform process in the candidate countries to become members. With this in mind, an account of the development of the EU&rsquo
s human rights conditionality vis-à
-vis the third countries and the typology of the EU&rsquo
s human rights conditionality within the framework of enlargement are also examined. The massive wave of transformation with regard to human rights issues undertaken in Turkey during its pre-accession relations with the Union is a case point in this thesis. Within the scope of the study, it is attempted to analyze the impact of the EU&rsquo
s human rights conditionality upon the related state of affairs in Turkey with a view to exploring to what extent and under what conditions it could be regarded as the independent variable of the domestic reform process in the country.

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49

Cristina, Yasmin Ghanem. "Muslim Women's Agency in European Integration Policies from a Human Rights Perspective: the case of Brussels and Berlin". Doctoral thesis, Università degli studi di Padova, 2020. http://hdl.handle.net/11577/3426259.

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The question of integrating Muslim migrants in European cities has been, for decades, a political issue. The image of Muslim women, described as submissive and as a symbol of backwardness of Islam was the central argument around which right wing parties built the incompatibility of Islam with human rights and western values. Islam has however proven to be a tool for finding a common ground on the theme of human rights and it has also shown to be a great instrument for Muslim women to negotiate their rights with parents and community members. However, integration policies trying to create peaceful and intercultural communities in Europe are often blind to the effects of religious and cultural activities targeting women of Islamic background in building a bridge and common understanding of human rights. Agency, interpreted as the ability to make conscious decisions, can derive from different sets of values and ideologies. Scholars of intersectionality have criticized the western feminist perspective that agency is solely achieved through the rejection of cultural norms and have proven that in non-western cultures, such as in the case of Islamic culture, agency may be achieved through piety and the sense of belonging. The thesis codified the concept of agency based on four different scholarly interpretations of its meaning, one of which looks at agency through an intersectional lens and accepts religion and identity as recognized tools for agency. The discourse analysis in the research looks at the relations between the narrative focusing on the integration approach and integration frame, and that of gender, intersectionality and agency. In this way the findings can show a nexus between the way in which integration is framed at the local level and the kind of women empowerment programs offered through integration initiatives. Based on the findings of the Critical Frame Analysis of the available local policy documents on migrants’ integration and of the interviews conducted with a strategically selected number of program providers in the case studies of Brussels and Berlin, it is clear that policy makers not only ignore the many studies on Muslim women’s religiosity in Europe but do not respect the European Union legislation regarding gender mainstreaming. The thesis will show that despite the different narratives applied by policy makers in different European cities regarding migrants’ integration, a common pattern is that of a lacking gender perspective. Whether the predominant frame of their discourse is assimilationist or multicultural the gender perspective remains superficial and so are the guidelines for the work of NGOs and programs financed through these policies. Initiatives targeting women are never the focus of integration policies but are rather left to the local departments of Family Affairs or Equal Opportunities, de-gendering the concept of migrants’ integration and focusing on women solely in regard to strategic “gender” issues. From the results of the analysis it is clear that multicultural policies are more likely to finance bottom up initiatives of migrant women’s groups, but the lack of a clear gender perspective and limited funds may prevent a clear and effective support from the local institutions to identity based activities. The assimilationist approach, however, not only focuses on limiting identity based activities but purposely limits funding to gender activities. This is allegedly done to avoid further fragmentations in the building of “social cohesion” but it has a clear securitarian approach as it aims to prevent the segregation of Muslim women and the perpetration of traditional Muslim norms. The potential of a more gender approached and multicultural structure of integration policies and discourse could be the key to solving the issue of the alleged incompatibility between Islam and human rights.

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Bockel, Felix Matthes. "Securitization of Migration in Europe : Pushback practices and the Role of the European Court of Human Rights". Thesis, Umeå universitet, Statsvetenskapliga institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-187361.

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An embedded case study investigating the ongoing securitization of migration in the EU from 2014-2020 and the role of legal institutions, in this case the European Court of Human Rights (ECtHR) in these processes. Securitization Theory is used in combination with Critical Legal Theory to create a framework that attempts to both illuminate the role of the functional actor in Securitization Theory further, and the impact securitization has on legal institutions. It provides explanations for sudden shifts in legal argumentation, especially in cases of high political relevance with the use of Critical Legal Theory. The case of N.D. & N.T. vs. Spain serves as an example of a functional actor providing two contrasting judgments on the same events within a short period of time and opens up discussions about political influences on legal institutions. Securitization and the framing of refugees as existential threats to European identity and culture is one of the many ongoing political processes related to the issue of migration and refuge in Europe. As the political landscape shifts and right-wing populist parties establish themselves in European Member States, illegal pushbacks have become common practice at the outer borders of the EU and are challenged both politically and legally. This study investigated cases of illegal pushbacks to renew criticism against the institutions engaging in and enabling the practice.

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Rozprawy doktorskie na temat „Human rights – Europe – Cases”

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