The State of Emergency and Human Rights - Elspeth Guild, Security and European Human Rights: protecting individual rights in times of exception and military action (Nijmegen, Wolf Legal Publishers2007) 82 p., ISBN 9789058502568 - Ulf Häussler, Ensuring and Enforcing Human Security. The Practice of International Peace Missions (Nijmegen, Wolf Legal Publishers2007) 180 p., ISBN 9789058502575 - Colin Turpin and Adam Tomkins, British Government and the Constitution. Text and Materials. Sixth edition. (Cambridge, Cambridge University Press2007) 847 p., ISBN 9780521690294

This chapter explores the prospects for bringing legal claims seeking accountability for human rights harms due to tax policies and practices. There are a number of ways in which an individual may raise a claim that their rights have been violated in connection with taxation, each of which generally depends on some recognized relationship between the claimant and the person, entity, or institution being asked to remedy the perceived wrong. Meanwhile, there are at least three distinct kinds of relationships involving the state that could theoretically give rise to human rights claims in respect of tax. These three relationships are those among, first, individuals and their own states; second, individuals and foreign states; and, third, states among themselves as members of the international community. In each case, organizations may be formed to represent the interests of individuals, but at stake in all cases is the protection of individual rights.

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Human rights, reciprocal recognition and the state. A durkheimian contribution

Human Affairs ◽

10.1515/humaff-2019-0025 ◽

2019 ◽

Vol 29 (3) ◽

pp. 297-310

Author(s):

Luiz Gustavo Da Cunha De Souza

Keyword(s):

Human Rights ◽

The State ◽

Individual Rights ◽

Critical Potential ◽

Theory Of Justice ◽

Normative Framework ◽

Positive Individual ◽

Point Of Departure

Abstract The paper deals with a possible tension within Axel Honneth’s theory of justice as presented in his Freedom’s Right. It takes as its point of departure Georg Lohmann’s objection that Honneth loses sight of the critical potential associated with positive right and tries to discuss it critically both exposing Lohmann’s and Honneth’s position. From the complex of problems identified thereby, the paper moves to a discussion of Émile Durkheim’s theory of State, with which it helps to provide a possible contribution to the discussion between positive, individual rights and the normative framework of social freedom.

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Separating Normalcy from Emergency: The Jurisprudence of Article 15 of the European Convention on Human Rights

German Law Journal ◽

10.1017/s2071832200017557 ◽

2011 ◽

Vol 12 (10) ◽

pp. 1764-1785 ◽

Cited By ~ 10

Author(s):

Alan Greene

Keyword(s):

Human Rights ◽

National Security ◽

The State ◽

European Convention ◽

State Of Emergency ◽

Liberal Democratic ◽

Imminent Danger ◽

European Court ◽

Tight Rope ◽

Legal Document

The European Convention of Human Rights (ECHR) is as much a political as it is a legal document. The European Court of Human Rights (ECtHR) constantly walks the delicate tight rope between vindicating human rights and respecting the sovereignty of contracting states. This balancing act is particularly sensitive when a situation of “exceptional and imminent danger” exists. In such instances of national security the state may need to act in a manner beyond the parameters of normalcy in order to neutralize the threat and protect both itself and its citizens. Article 15 of the ECHR therefore allows states to derogate from its obligations under the convention when a state of emergency is declared. On foot of a notice of derogation, a state has more discretion and flexibility to act accordingly to respond to a threat without being constrained by its obligations under the treaty. However, it is also in these conditions that human rights are at their most vulnerable as the state's response may encroach severely on individuals' rights and the liberal-democratic order of the state.

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Notstandskontrolle

10.5771/9783845295619 ◽

2019 ◽

Author(s):

Felix Weber

Keyword(s):

Human Rights ◽

Case Law ◽

The State ◽

European Convention ◽

Level System ◽

State Of Emergency ◽

Sovereign State ◽

Judicial Control ◽

States Of Emergency ◽

Multi Level

Between 2015 and 2017, France, Turkey and Ukraine, as member states of the European Convention on Human Rights, declared a state of emergency according to Art. 15 ECHR. The events associated with the suspension of Convention rights show the current significance of the legal standardisation of political and social states of emergency. In the end it is all about the question of who ultimately controls the state of emergency: the sovereign state, the state community with a supranational judicial control, or both in terms of a horizontal overlapping of powers in the European multi-level system? Art. 15 ECHR still leaves unanswered questions to which the Strasbourg organs have responded over the years with a differentiated jurisprudence and with the granting of a certain margin of discretion. The book deals with these issues in the light of ECtHR case law and case studies on France, Turkey and Ukraine.

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Derogation of Human Rights and Freedoms in RNM during the State of Emergency Caused by COVID-19

SEEU Review ◽

10.2478/seeur-2020-0002 ◽

2020 ◽

Vol 15 (1) ◽

pp. 24-42

Author(s):

Abdulla Azizi

Keyword(s):

Human Rights ◽

Survey Methods ◽

The State ◽

International Standards ◽

European Convention ◽

State Of Emergency ◽

The Republic ◽

The Government ◽

Territory Government ◽

Restrictive Measures

AbstractConsidering that in times of state of emergency or civil emergency (such as the pandemic caused by COVID 19), governments in many countries around the world have restricted human rights and freedoms through legally binding government decrees. These restrictive measures increasingly raise dilemmas about their effect and possible violations by the government of international norms guaranteeing human rights. The paper aims to analyze whether these restrictive measures set out in the decisions of the Government of the Republic of Northern Macedonia (RNM) are in compliance with the derogations allowed under the European Convention on Human Rights and Freedoms (ECHR) and the positive laws in power. In the framework of this paper is analyzed whether these measures have the sole purpose of protecting the health of citizens or not.The work is limited in terms of time (as long as the state of emergency lasted three months) and territory (government decrees with the force of law).Descriptive, historical, analytical, comparative and citizen survey methods are used in this paper.Government decrees have been analyzed in order to assess whether they were prudent, in accordance with international standards and consequences that they have caused to citizens.The conclusions provide data on whether the management of the situation has been appropriate or not and to what extent it has been effective, as well as how much it has been within the international framework and how they have affected the quality of life of citizens.

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Special Legal Regimes and Their Status under the Lithuanian Legal System

Teisė ◽

10.15388/teise.2020.117.5 ◽

2020 ◽

Vol 117 ◽

pp. 79-98

Author(s):

Vaidotas A. Vaičaitis

Keyword(s):

Human Rights ◽

Disaster Management ◽

Legal System ◽

The State ◽

Legal Regime ◽

State Of Emergency ◽

Management Regime ◽

Legal Regimes

Based on the constitutional approach, this article examines three special legal regimes in the Lithuanian legal system: the state of emergency, disaster management regime, and quarantine. The article uses four methodological criteria to reveal the differences and similarities between these legal regimes: a) the basis for the declaration of a particular legal regime, b) the subjects of their declaration and management, c) their duration, and d) the special measures applied during them, including human rights restrictions.

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Eswatini's legislative response to COVID-19: Whither human rights?

African Human Rights Law Journal ◽

10.17159/1996-2096/2020/v20n2a3 ◽

2020 ◽

Vol 20 (2) ◽

Author(s):

Musa Njabulo Shongwe

Keyword(s):

Human Rights ◽

Legal Framework ◽

The State ◽

State Of Emergency ◽

Human Rights Protection ◽

Emergency Powers ◽

Executive Authority ◽

Constitutional State ◽

Response Measures ◽

Long Term Impact

Having been confronted with the COVID-19 pandemic, the Kingdom of Eswatini has had to adopt both soft and hard response measures. The constitutional emergency response framework had not envisaged the type of emergency brought about by COVID-19, forcing the state to enact extraordinary regulatory measures. Unprecedented emergency powers have been conferred on state functionaries. Questions have arisen as to the nature of these emergency powers, the manner in which these powers have been exercised and the absence of special oversight mechanisms. The response measures and regulations have had an unparalleled impact on lives and livelihoods of Emaswati. This article explores the nature of emergency powers in the laws of Eswatini, and the particular effects of the COVID-19 regulations on human rights. This article commences with an analysis of constitutional emergency powers in Eswatini and the limitations thereof, and considers the question of why the state did not invoke a constitutional state of emergency. The article proceeds to examine the nature of statutory emergency powers under the Disaster Management Act, and considers whether there are effective legal limitations on the exercise of executive authority and effective safeguards against the abuse of power. The article then deals with the particular impact of the COVID-19 response legal framework on human rights protection. In this regard, the article advances examples of situations where rights have been infringed. Finally, the article proposes that the state's response measures should continuously endeavour to mitigate the long-term impact on human rights.

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Ethiopian protest risk rises as emergency declared

Emerald Expert Briefings ◽

10.1108/oxan-db214206 ◽

2016 ◽

Keyword(s):

Human Rights ◽

Foreign Investment ◽

Developing Economies ◽

Risk Tolerance ◽

The State ◽

Internet Usage ◽

State Of Emergency ◽

Security Forces ◽

Content Type

Significance The declaration came a week after reports emerged that protestors were attacking foreign businesses in the country as well as government property. Under the state of emergency, security forces will have expanded powers to search homes without warrants, detain individuals and restrict rights of assembly. Impacts Most foreign investment comes from firms based in other developing economies that have a high (but not unlimited) risk tolerance. Ethiopian claims of Egyptian and Eritrean links to violent protesters are tenuous and are meant to shift causality to external issues. Donors have limited traction and will push only for an outcome that yields stability rather than improvements in human rights. Further restrictions on communication (especially internet usage) are likely.

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