scholarly journals Legal Protection Against Violations of the European Convention on Human Rights: Improving (Co-)operation of Strasbourg and Domestic Institutions

1999 ◽  
Vol 12 (4) ◽  
pp. 833-845 ◽  
Author(s):  
Tom Barkhuysen ◽  
Michiel L. van Emmerik
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Legal Protection ◽  
European Convention ◽  
Domestic Institutions ◽  
International Level ◽  
European Court ◽  
Protection Of Human Rights ◽  
Made In

This contribution deals with legal protection against violations of the European Convention on Human Rights at both the national as well as the international level. The conclusion is that the practice of the European Court of Human Rights is inadequate and that the protection in the Netherlands could be better. Several recommendations are made in order to improve the co-operation between Strasbourg and domestic institutions in the field of the protection of human rights.

EXHAUSTION OF DOMESTIC REMEDIES OF LEGAL PROTECTION IN THE EUROPEAN COURT OF HUMAN RIGHTS AND THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES COURT

2021 ◽  
pp. 260-269
Author(s):  
Anna Yu. Vladykina ◽  
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
West African ◽  
European Convention ◽  
Economic Community ◽  
Additional Protocol ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

The article examines the criterion of the exhaustion of domestic remedies of legal protection in the context of the European Court of Human Rights and the Court of the Economic Community of West African States in cases related to the protection of human rights. The article analyzes the norms of the European Convention for the Protection of Rights and Fundamental Freedoms and the norms of the Agreement establishing the Court of the Economic Community of West African States and the Additional Protocol. The question is raised about the need to include a criterion for the exhaustion of local remedies of legal protection in the Court of the Economic Community of West African States in cases related to the protection of human rights. The article also analyzes the position of the Court of the Economic Community of West African States on the issue of the absence of the criterion of exhaustion of domestic remedies of legal protection, examines the jurisprudence. The author concludes that the position of the ECOWAS Court on the acceptability of the exhaustion of the local remedies criterion is positive for the region, while at the same time calls for the court to establish a department staffed with experts to focus on human rights cases.

scholarly journals Judicial procedural issues of choosing an effective method of legal protection in civil cases

2021 ◽  
pp. 67-75
Author(s):  
Andrii Shabalin
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Specific Method ◽  
Judicial Discretion ◽  
The Rule Of Law ◽  
European Court ◽  
Legal Nature ◽  
Procedural Code ◽  
Protection Of Human Rights ◽  
Civil Cases

Keywords: civil procedural protection, court effective way of protection, civilprocess The article is devoted to the study of Civil Procedureaspects of the court's application of a proper and effective method of protecting aviolated right within the frame of its own judicial discretion. Attention is paid to thestudy of the legal nature of civil protection, existing doctrinal positions, as well as thelegal and regulatory environment. The features of the exercise of discretionary powersby the court regarding the use of an effective method of protecting violated privatelaw have been established. It is indicated that the court is empowered to choose an effectivemethod of legal protection exclusively within the limits of the statement ofclaim — claims are detailed. It is emphasized that when choosing an effective methodof protection, the principle of the rule of law must be observed, in accordance with theprovisions of Article 10 of the Civil Procedural Code of Ukraine (“CPCU”). This meansthat an effective method of legal protection must be correlated with the provisions ofthe Convention for the protection of human rights and fundamental freedoms and thecase law of the European Court of Human Rights. This universal provision applies toall cases of claim proceedings, namely the claim, which are decided by the rules ofcivil procedure. The peculiarity of the court's use of an effective method of protectionin civil cases is that it can choose an effective method of legal protection only in courtcases in which the claim is considered, as well as when the law or agreements do notdetermine the effective method of legal protection. On the basis of the conducted scientificresearch, the author has developed own gradation of legal criteria of choice bycourt of an effective way of legal protection at consideration of civil cases. Such a gradationis universal for all cases considered by the court under the rules of civil procedure.Exceptions to the above regarding the application of a specific method of protectionare cases related to compensation for damage caused to an individual as a resultof withdrawal of an insolvent bank from the market or liquidation of the bank.

scholarly journals IMPLEMENTATION OF DIGITAL TECHNOLOGIES IN HUMAN RIGHTS TO HEALTHCARE

2020 ◽  
Vol 73 (7) ◽  
pp. 1539-1544
Author(s):  
Volodymyr V. Marchenko ◽  
Inna I. Kilimnik ◽  
Alla V. Dombrovska
Keyword(s):  
Human Rights ◽  
Digital Technologies ◽  
European Convention ◽  
Structural Method ◽  
Legal Analysis ◽  
The European Union ◽  
Blockchain Technology ◽  
European Court ◽  
Analysis And Synthesis ◽  
Protection Of Human Rights

The aim: The aim of the study is to examine the blockchain technology in the field of healthcare, to analyze the principles of the European Convention on Human Rights regarding respect for private and family life, home and correspondence, to analyze the key positions of the European Court of Human Rights (hereinafter – ECHR) in the field of human rights to privacy, to analyze the European Union (hereinafter – EU) secondary legislation regarding the supply of medicines, prospects for the blockchain usage in order to protect human rights to privacy and improve the quality of medicines. Materials and methods: Scientific works that are devoted to the outspread of digital technologies in healthcare, the provisions of the European Convention on Human Rights, the ECHR’s practice on the protection of human rights to privacy, the provisions of the EU secondary legislation that regulate the supply of medicines are studied. The methodology of this article is based on comparative and legal analysis techniques and includes system-structural method, method of generalization, method of analysis and synthesis as well. Conclusions: The blockchain technology in medicine and pharmacology will increase the level of protection of human rights to healthcare quality.

Does Self-isolation Violate the Right to Liberty? An Analysis of the European Court of Human Rights’ Practice in Light of the Ukrainian Experience

2020 ◽  
Vol 27 (4) ◽  
pp. 368-385
Author(s):  
Yana Litins’ka ◽  
Oleksandra Karpenko
Keyword(s):  
Human Rights ◽  
Stress Test ◽  
European Convention ◽  
Legal Systems ◽  
Human Rights Practice ◽  
Rapid Action ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right

Abstract COVID-19 became a stress-test for many legal systems because it required that a balance be found between rapid action to prevent the spread of the disease, and continued respect for human rights. Many states in Europe, including Ukraine, chose to enforce an obligation to self-isolate. In this article we review what the obligation to self-isolate entails in the case of Ukraine. We also analyse whether such an obligation should be viewed as a deprivation or a mere restriction of liberty, and if it is permissible under the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Hirsi Jamaa v. Italy. Application No. 27765/09

2013 ◽  
Vol 107 (2) ◽  
pp. 417-423 ◽  
Author(s):  
Irini Papanicolopulu
Keyword(s):  
Human Rights ◽  
European Convention ◽  
International Convention ◽  
European Court ◽  
The Status ◽  
Protection Of Human Rights ◽  
Grand Chamber ◽  
Effective Remedy ◽  
Maritime Search And Rescue ◽  
The Right

In a unanimous judgment in the case Hirsi Jamaa v. Italy, the Grand Chamber of the European Court of Human Rights (Court) held that Italy’s “push back” operations interdicting intending migrants and refugees at sea and returning them to Libya amounted to a violation of the prohibition of torture and other inhuman or degrading treatment under Article 3 of the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR or Convention), the prohibition of collective expulsions under Article 4 of Protocol 4 to the Convention, and the right to an effective remedy under Article 13 of the Convention. Hirsi Jamaa is the Court’s first judgment on the interception of migrants at sea and it addresses issues concerning the 1982 United Nations Convention on the Law of the Sea and the 1979 International Convention on Maritime Search and Rescue, as well as the 1951 Convention Relating to the Status of Refugees.

The European Court of Human Rights and the Protection of Arctic Indigenous Peoples Rights

2018 ◽  
Vol 9 (1) ◽  
pp. 24-52
Author(s):  
Mikael Lundmark
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Active Role ◽  
Case Law ◽  
Historical Background ◽  
The Arctic ◽  
European Convention ◽  
European Court ◽  
Protection Of Human Rights ◽  
Solid Foundation

Based on an ongoing case in Sweden, where Girjas Sami village sued the Swedish state for violation of property rights, this article examines the European Court of Human Rights’ potential influence in the Arctic region’s legal system when it comes to protection of property of Arctic indigenous peoples. This article shows that notwithstanding the historical background of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the case law of the Court provides a solid foundation to advocate that the Court can take a more active role in protecting the rights of Arctic indigenous peoples. What is different in the case of indigenous peoples is that their rights pre-exist that of a modern state, and this does not correlate with the structure of the Convention, which seemingly leads to less protection under the Convention for indigenous peoples. This puts a higher level of responsibility both upon the applicants, as well as on the Court to scrutinize, and apply, the case law of the Court in line with the Convention and the adopted principle of interpretation.

Some decisions of the European Court of Human Rights and the Court of the European Union con cerning the right of asylum

10.12737/5251 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 68-74
Author(s):  
Габриэлла Белова ◽  
Gabriela Belova ◽  
Мария Хаджипетрова-Лачова ◽  
Maria Hadzhipetrova-Lachova
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Protective Mechanisms ◽  
Eu Member States ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
The Eu

The authors analyze certain cases considered in recent years by the European Court of Human Rights and the Court of European Union in Luxembourg and associated with providing of asylum to the third country nationals. In individual EU member states there are huge differences in the procedures and protective mechanisms for asylum seekers in their access to work, as well as in the use of mechanism of forced detention. Due to accession of the EU to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the EU should comply the standards set by the Council of Europe. The authors analyze the new approach of the Strasbourg Court in decision MSS v. Belgium and Greece unlike other "Dublin" cases. They also consider certain new judgements of the Court of European Union in Luxembourg, some of which were accepted in order of urgent prejudicial production.

scholarly journals RESPECT FOR PRIVATE AND FAMILY LIFE UNDER ARTICLE 8 ECHR IN IMMIGRATION CASES: A HUMAN RIGHT TO REGULARIZE ILLEGAL STAY?

2008 ◽  
Vol 57 (1) ◽  
pp. 87-112 ◽  
Author(s):  
Daniel Thym
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Human Right ◽  
Human Rights Protection ◽  
Immigration Laws ◽  
European Court ◽  
The Status ◽  
Protection Of Human Rights

AbstractApplying the European Convention on Human Rights (ECHR) to immigration cases has always been a balancing exercise between the effective protection of human rights and the Contracting States' autonomy to regulate migration flows. In its recent case law, the European Court of Human Rights in Strasbourg (ECtHR) has considerably extended the protective scope of Article 8 ECHR by granting autonomous human rights protection to the long-term resident status independent of the existence of family bonds under the heading of ‘private life’. This has important repercussions for the status of legal and illegal immigrants across Europe, since the new case law widens the reach of human rights law to the legal conditions for leave to remain, effectively granting several applicants a human right to regularize their illegal stay. The contribution analyses the new case law and develops general criteria guiding the application of the ECHR to national immigration laws and the new EU harmonization measures adopted in recent years.

The ‘Iukos Affair’. The Russian Judiciary and the European Court of Human Rights

2013 ◽  
Vol 38 (1) ◽  
pp. 77-108 ◽  
Author(s):  
Laurence A. Groen
Keyword(s):  
Human Rights ◽  
The Other ◽  
European Convention ◽  
Undue Influence ◽  
European Court ◽  
Russian State ◽  
Fundamental Freedoms ◽  
Structural Nature ◽  
Protection Of Human Rights

This note analyzes the functioning of the Russian judiciary on the basis of the European Court of Human Rights’ judgments in the cases of OAO Neftianaia Kompaniia Iukos and three of the company’s former leading executives, Mikhail Borisovich Khodorkovskii, Platon Leonidovich Lebedev and the late Vasilii Aleksanian. The analysis turns to the breaches by the Russian state of Articles 5 (right to liberty and security), 6 (right to a fair trial) and 18 (permissible restrictions to the rights guaranteed) of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms, as established by the Court in the aforementioned cases, and the role of the Russian judiciary therein. In light of the fundamental flaws and structural nature characterizing the violations found, the conclusion is reached that the Russian judiciary (still) appears not to be entirely free from undue influence by the other branches of government.

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