scholarly journals THE ELUSIVE RIGHT TO TRUTH IN TRANSITIONAL HUMAN RIGHTS JURISPRUDENCE

2017 ◽  
Vol 67 (2) ◽  
pp. 353-387
Author(s):  
James A Sweeney
Keyword(s):  
Human Rights ◽  
Political Transition ◽  
Legal Analysis ◽  
Human Rights Abuses ◽  
European Court ◽  
Human Rights Treaties ◽  
Legal Duty ◽  
The Right ◽  
The Way

AbstractThis article undertakes a comparative legal analysis of the scope of an emerging legal duty to find the truth about historical human rights abuses after periods of political transition. There is substantial inconsistency between human rights regimes on how they establish temporal jurisdiction in their transitional jurisprudence, which has not yet been systematically investigated. This contribution fills the gap in the literature by identifying and critiquing the way in which the right to truth in times of transition is both expressly and implicitly vindicated in the decisions of the Human Rights Committee, and the regional jurisprudence of the Inter-American Court of Human Rights and European Court of Human Rights (the conclusion also addresses the less voluminous African regional jurisprudence). It is argued that the ‘underlying values’ of human rights treaties can provide a foundation for a powerful but finite right to truth.

Comparative Views on the Right to Vote in International Law

2018 ◽  
Author(s):  
Shai Dothan
Keyword(s):  
Human Rights ◽  
International Law ◽  
National Courts ◽  
European Court ◽  
Right To Vote ◽  
The Right ◽  
Democratic Elections ◽  
The Way

There is a consensus about the existence of an international right to vote in democratic elections. Yet states disagree about the limits of this right when it comes to the case of prisoners’ disenfranchisement. Some states allow all prisoners to vote, some disenfranchise all prisoners, and others allow only some prisoners to vote. This chapter argues that national courts view the international right to vote in three fundamentally different ways: some view it as an inalienable right that cannot be taken away, some view it merely as a privilege that doesn’t belong to the citizens, and others view it as a revocable right that can be taken away under certain conditions. The differences in the way states conceive the right to vote imply that attempts by the European Court of Human Rights to follow the policies of the majority of European states by using the Emerging Consensus doctrine are problematic.

The Idea of Human Rights in Conditions of Hospital Treatment

2016 ◽  
pp. 1147-1165
Author(s):  
Bogusław Sygit ◽  
Damian Wąsik
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
European Convention ◽  
Hospital Treatment ◽  
Political Rights ◽  
Human Rights Abuses ◽  
Cultural Rights ◽  
European Court ◽  
Definition Of ◽  
The Right

The aim of this chapter is describing of the influence of universal human rights and civil liberties on the formation of standards for hospital care. The authors present definition of the right to life and the right to health. Moreover in the section it is discussed modern standards of hospital treatment under the provisions of the International Covenant on Economic, Social and Cultural Rights: availability, accessibility, acceptability and quality. The authors discuss in detail about selected examples realization of human rights in the treatment of hospital and forms of their violation. During the presentation of these issues, the authors analyze a provisions of the International Covenant on Civil and Political Rights and European Convention on the Protection of Human Rights and Fundamental Freedoms and use a number of judgments of the European Court of Human Rights issued in matters concerning human rights abuses in the course of treatment and hospitalization.

The “Bolotnoe Affair” and the Implementation of the Right to Freedom of Assembly in the Russian Federation

2016 ◽  
Vol 41 (3-4) ◽  
pp. 396-426
Author(s):  
Mariya Riekkinen
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
European Convention ◽  
Court Cases ◽  
Legal Analysis ◽  
Parliamentary Elections ◽  
European Court ◽  
Moscow City ◽  
The Russian Federation ◽  
The Right

A series of protests across Russia, triggered by procedural violations during the 2011 parliamentary elections and results of the 2012 presidential elections, culminated on 6 May 2012 with a demonstration at Bolotnaia Square in Moscow. That demonstration led to violent clashes between protesters and the police. The dispersal of this demonstration and the subsequent criminal and administrative trials conducted against some of the protesters, as well as the controversy regarding the severity of some of the penalties imposed by the courts, became known as the Bolotnoe Affair. The Bolotnoe Affair is analyzed from the perspective of implementing the right to freedom of assembly in Russia. The main goal is to conduct a contextual legal analysis clarifying whether the right to freedom of assembly is adequately implemented in the legal order of the Russian Federation, in order to illustrate whether the protesters in the Bolotnoe Affair were able to express their opinions with regard to the procedure and results of the elections. The leading court cases relevant to the participatory rights of the protesters as exemplified by the appellate decisions of the Moscow City Court will also be examined. In particular, twelve decisions of the Moscow City Court during the period 2012–2014 (full texts of which are reproduced in publicly available legal databases) are reviewed, as well as two recent judgments in European Court of Human Rights (ECtHR) cases closely related to these earlier cases. Analyzing the Moscow City Court decisions vis-à-vis the judgments of the ECtHR, the author concludes that the Moscow City Court’s rulings did not conform with the provisions of the European Convention on Human Rights (echr) regarding the right to freedom of assembly and the right to liberty.

scholarly journals Legal Aspects of the Right to Nationality Pursuant to Myanmar Citizenship Law

2019 ◽  
Vol 3 (2) ◽  
pp. 277 ◽  
Author(s):  
Su Yin Htun
Keyword(s):  
Human Rights ◽  
Legal Aspects ◽  
International Standards ◽  
Legal Analysis ◽  
Human Rights Abuses ◽  
Communal Violence ◽  
Legal Reforms ◽  
The Law ◽  
The Government ◽  
The Right

It is universally accepted that everyone has the right to citizenship. Myanmar’s framework on the right to nationality constitutes a unique, exclusive, ethnic citizenship system based on jus sanguinis or the law of blood. Myanmar’s Citizenship Law was enacted in 1982 by repealing the Union Citizenship Act of 1948. As citizenship parameters were changed by the Law, many people in the Kachin, Karen, and Rakhine states lost their nationality rights and consequently suffered human rights abuses. In the Rakhine state, serious communal violence occurred in 2012, 2016, and 2017, and the government declared a state of emergency. This research paper focuses on how Myanmar can adhere to international standards for nationality rights. It provides a historical overview and legal analysis of citizenship laws in Myanmar using a human rights lens and offers suggestions for legal reforms that can help address the problem of statelessness in Myanmar. Specifically, it recommends the use of the jus soli, or the law of the soil, approach to citizenship.

The Right to Compensation for Wrongful Conviction/Miscarriage of Justice in International Law

2019 ◽  
Vol 8 (2) ◽  
pp. 215-244
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Political Rights ◽  
Wrongful Conviction ◽  
European Court ◽  
Human Rights Treaties ◽  
Protection Of Human Rights ◽  
The Right ◽  
African Commission ◽  
Miscarriage Of Justice

Human rights treaties (including Article 14(6) of the International Covenant on Civil and Political Rights (iccpr); Article 3 of the Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms; and Article 10 of the American Convention on Human Rights) explicitly protect the right to compensation for wrongful conviction or miscarriage of justice. The African Charter on Human and Peoples’ Rights is silent on this right. The Human Rights Committee, the European Court of Human Rights, the African Commission on Human and Peoples’ Rights and the Inter-American Commission on Human Rights have developed rich jurisprudence on the ambit of the right to compensation for wrongful conviction or miscarriage of justice. States have adopted different approaches to give effect to their obligation under Article 14(6) of the iccpr. Relying on the practice and/or jurisprudence from States in Africa, Europe, North America, Asia, and Latin America and on the jurisprudence of the Human Rights Committee, the European Court of Human Rights, the Inter-American Commission on Human Rights and the African Commission on Human and Peoples’ Rights, the article illustrates the approaches taken by some States to give effect to Article 14(6) of the iccpr and the relevant regional human rights instruments.

The Idea of Human Rights in Conditions of Hospital Treatment

2016 ◽  
pp. 236-254
Author(s):  
Bogusław Sygit ◽  
Damian Wąsik
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
European Convention ◽  
Hospital Treatment ◽  
Political Rights ◽  
Human Rights Abuses ◽  
Cultural Rights ◽  
European Court ◽  
Definition Of ◽  
The Right

The aim of this chapter is describing of the influence of universal human rights and civil liberties on the formation of standards for hospital care. The authors present definition of the right to life and the right to health. Moreover in the section it is discussed modern standards of hospital treatment under the provisions of the International Covenant on Economic, Social and Cultural Rights: availability, accessibility, acceptability and quality. The authors discuss in detail about selected examples realization of human rights in the treatment of hospital and forms of their violation. During the presentation of these issues, the authors analyze a provisions of the International Covenant on Civil and Political Rights and European Convention on the Protection of Human Rights and Fundamental Freedoms and use a number of judgments of the European Court of Human Rights issued in matters concerning human rights abuses in the course of treatment and hospitalization.

scholarly journals Ensuring the detection of property in the institute of property seizure

2021 ◽  
Vol 10 (42) ◽  
pp. 236-247
Author(s):  
Anastasiia Bazhenova ◽  
Anatolii Desyatnik ◽  
Hanna Mudretska ◽  
Inna Pakipova
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Criminal Procedure ◽  
General Interest ◽  
Legal Analysis ◽  
Legal Method ◽  
Procedure Code ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right

The article is devoted to the study of certain issues of property detection in the institution of seizure of property. On the basis of comparative legal analysis, the possibility of ensuring the detection of property using search and seizure within the Criminal Procedure Code of the past and modern Criminal Procedure Code of Ukraine and foreign countries was assessed. The rights of the victim under the Convention for the Protection of Human Rights and Fundamental Freedoms are analyzed in terms of his/her right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law to decide his/her civil rights and obligations. The application of the criminal procedural legislation of Ukraine is analyzed taking into account the practice of the European Court of Human Rights on the protection of human rights in relation to the rights of individuals or legal entities to peacefully own their property. Emphasis is placed on the fact that the previous provisions do not in any way restrict the right of the state to enact such laws as it deems necessary to exercise control over the use of property in accordance with the general interest. Scientific methods such as analysis, synthesis, formal-legal and comparative-legal method became the methodological basis of the research.

scholarly journals ADMINISTRATION OF JUSTICE DURING THE COVID-19 PANDEMIC AND THE RIGHT TO A FAIR TRIAL

2021 ◽  
Author(s):  
Krešimir Kamber ◽  
Lana Kovačić Markić
Keyword(s):  
Human Rights ◽  
Due Process ◽  
Case Law ◽  
Fair Trial ◽  
World Health ◽  
European Convention ◽  
European Court ◽  
Administration Of Justice ◽  
The Right ◽  
The Way

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.

Religion, Belief, and the European Court of Human Rights

2021 ◽  
pp. 402-419
Author(s):  
Peter Cumper ◽  
Tom Lewis
Keyword(s):  
Human Rights ◽  
European History ◽  
European Convention ◽  
Freedom Of Religion ◽  
Article 9 ◽  
European Court ◽  
The Right ◽  
Islamic Dress ◽  
The Way

This chapter examines the interpretation of the right to freedom of religion or belief under Article 9 of the European Convention on Human Rights (1950) by the European Court of Human Rights. The topic is examined with reference to legal bans on items of Islamic dress such as headscarves and face-veils. It is argued that both the structure of Article 9, and the way in which it has been interpreted, has resulted in weak levels of protection for applicants bringing such claims, and that the reasons for this lie deep in European history and politics. The Court’s approach may, arguably, be justifiable in that the protection it offers is subsidiary to that offered by states. Nevertheless, the scant hope that such applicants have raises questions as to the effectiveness of the Convention and threatens to undermine much of the laudable work that has been undertaken elsewhere by the Court.

scholarly journals CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS IN DECISIONS REGARDING NON-COMPLIANCE OF LIFE IMPRISONMENT WITH THE REQUIREMENTS OF ARTICLE 3 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

2020 ◽  
Vol 2020 (1) ◽  
pp. 33-46
Author(s):  
Dzhuzha О. M. ◽  
◽  
Melnychenko І. P. ◽  
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Case Law ◽  
Theory And Practice ◽  
European Convention ◽  
Legal Analysis ◽  
Life Imprisonment ◽  
The United Kingdom ◽  
European Court ◽  
The Right

The article provides a legal analysis of the decisions of the European Court of Human Rights in such cases like “Vinter and Others v. The United Kingdom”, “Hutchinson v. The United Kingdom”. The European Court of Human Rights has established key standards for those sentenced to life imprisonment, compliance with which will ensure that this type of punishment meets the requirements of the Article 3 of the European Convention on Human Rights. Such standards are: 1) sentencing of life imprisonment is not prohibited and does not conflict with the Article 3 or any other article of the Convention. The imposition of “non-reducible” life imprisonment may raise questions of compliance with the requirements of the Article 3 of the Convention; 2) in decision making whether life imprisonment can be considered as “non-reducible”, it is necessary to establish whether the person convicted to life imprisonment had any prospect of release. If national law provides for the possibility of reviewing life imprisonment regarding its mitigating, reducing, terminating or releasing, this is sufficient to satisfy the requirements of th Article 3 of the Convention; 3) for the purposes of the Article 3 of the Convention it is sufficient that life imprisonment is reducible de jure and de facto; 4) European penitentiary policy is currently focusing on the correctional purpose of imprisonment, in particular until the end of long prison sentences; 5) at the very beginning of the sentence a person convicted to life imprisonment has the right to know what he must do to consider the possibility of his release and under what conditions the sentence will be reviewed or also in what order a request to this may be made; 6) if domestic law does not provide for any mechanism or possibility to review life imprisonment, then the non-compliance with the requirements of the Article 3 of the Convention occurs at the time of imposition of life imprisonment and not at a later stage. The importance of such standards separating of the European Court of Human Rights for the national theory and practice of life imprisonment is that these provisions are effective guidelines for determining the prospects of releasing from sentencing in the form life imprisonment. Key words: European Court of Human Rights, Convention for the Protection of Human Rights and Fundamental Freedoms, case law, convict, life imprisonment.

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