Constituting Humanity: Democracy, Human Rights, and Political Community

2005 ◽  
Vol 31 ◽  
pp. 227-252 ◽  
Author(s):  
James Bohman
Keyword(s):  
Human Rights ◽  
Public Affairs ◽  
Political Community ◽  
Popular Sovereignty ◽  
European Convention ◽  
Political Rights ◽  
Strongly Connected ◽  
Protection Of Human Rights ◽  
Civil And Political Rights ◽  
The Right

Democracy and human rights have long been strongly connected in international covenants. In documents such as 1948 United Nations Universal Declaration of Human Rights and the 1966 International Covenant of Civil and Political Rights, democracy is justified both intrinsically in terms of popular sovereignty and instrumentally as the best way to “foster the full realization of all human rights.” Yet, even though they are human and thus universal rights, political rights are often surprisingly specific. In the Covenant, for example, “the right to take part in the conduct of public affairs” is equated with “the right to vote and to be elected.” More often then not, their realization is left to states and their constitutions, as for example in the European Convention for the Protection of Human Rights. Political rights have a “peculiar” status among enumerated human rights, and this difficulty has to do with deep assumptions about the nature and scope of democracy and political community that remain unexamined by the drafters of these important declarations.

scholarly journals Citizenship Deprivation under the European Convention-System: A Case Study of Belgium

2019 ◽  
Vol 1 (2) ◽  
pp. 263-282
Author(s):  
Louise Reyntjens
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Political Rights ◽  
System A ◽  
Protection Of Human Rights ◽  
Civil And Political Rights ◽  
The Right ◽  
Foreign Fighters

In response to Islamic-inspired terrorism and the growing trend of foreign fighters, European governments are increasingly relying on citizenship deprivation as a security tool. This paper will focus on the question of how the fundamental rights of individuals deprived of their citizenship are affected and which protection is offered for them by the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘ECHR’). In many countries, these new and broader deprivation powers were left unaccompanied by stronger (procedural) safeguards that protect the human rights they might affect. Unlike the Universal Declaration of Human Rights or the International Covenant on Civil and Political Rights, the ECHR does not provide for an explicit right to citizenship. The question therefore rises what protection, if any, is offered by the ECHRsystem against citizenship deprivation and for the right to citizenship. Through a case study of the Belgian measure of citizenship deprivation, the (implicit) protection provided by the Convention-system is demonstrated.

scholarly journals THE PROHIBITION OF TORTURE, CRUEL OR DEGRADING TREATMENT OR PUNISHMENT IN CLOSED INSTITUTIONS

2021 ◽  
Vol 1 (91) ◽  
pp. 23-29
Author(s):  
Jelena Girfanova
Keyword(s):  
Health Care ◽  
Human Rights ◽  
European Convention ◽  
Political Rights ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Degrading Treatment ◽  
Civil And Political Rights ◽  
The Right ◽  
European Regional

In the paper “The prohibition of torture and other cruel, inhuman or degrading punishment in closed Institutions” the author has examined the obxervasnce of  persons’  in detention,  custody or imprisonment human rights in the European regional acts and national instruments as well as the provision of health care for detainees and convicted persons alike.All basic human rights’ documents, namely: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the United Nations and the European Convention for the Protection of Human Rights and Fundamental Freedoms state that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, degrading his or her human dignity”.  All persons who have been punished, regardless of the crimes for which they were convicted, have the right to humane treatment and respect for their personality. No actions of people, whatever they may be, justify the inhuman treatment of them or the humiliation of their personality.  

The taking of hostages and international humanitarian law

1989 ◽  
Vol 29 (270) ◽  
pp. 196-216 ◽  
Author(s):  
Hernán Salinas Burgos
Keyword(s):  
Human Rights ◽  
European Convention ◽  
International Humanitarian Law ◽  
Political Rights ◽  
Humanitarian Law ◽  
United Nations General ◽  
Protection Of Human Rights ◽  
United Nations General Assembly ◽  
Civil And Political Rights ◽  
The Right

It is generally acknowledged by the international community that the taking of hostages is one of the most vile and reprehensible of acts. This crime violates fundamental individual rights—the right to life, to liberty and to security—that are protected by binding legal instruments such as the 1966 International Covenant on Civil and Political Rights on the worldwide level, and the 1969 American Convention on Human Rights and the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms on the regional level. The United Nations General Assembly has stated that the taking of hostages is an act which places innocent human lives in danger and violates human dignity.

scholarly journals The Protection of Human Rights in Post-Communist Albania

2016 ◽  
Vol 7 (1) ◽  
pp. 63
Author(s):  
Meljana Bregu
Keyword(s):  
Human Rights ◽  
Criminal Code ◽  
Fair Trial ◽  
European Convention ◽  
Communist Regime ◽  
Political Rights ◽  
Revolutionary Movement ◽  
The Past ◽  
Protection Of Human Rights ◽  
The Right

Albania was one of the most isolated countries in Europe for nearly 45 years. During the communist era, the legal system was under the direct control of the Party of Labor. The protection of human rights in the first years of the communist regime was clearly shaped on the soviet principles. The criminal code of Albania was the symbol of a repressive system, regardless of human rights protection, crimes punishable by death were sanctioned by various articles, including “agitation and propaganda against the state” and ‘activities against the revolutionary movement of the working class”. Hoxha also closed the Ministry of Justice and banned the private practice of law as a consequence the right to a fair trial was denied. After the fall of communism Albania has made significant progress toward respect for civil and political rights, especially toward the right to a fair trial. The constitution of 1998 protects the right to a fair trial in chapter two and one important step is the ratification of the European Convention on Human Rights in 1996, which guarantee the right to a fair trial in article six. Still, 25 years of transformation are not enough to wipe away the legacy of the past; the lack of human rights mechanisms poses a serious challenge to the Albanian democratic system. Still today Albania faces important issues concerning the protection of human rights generally and particularly the right to a fair trial. This fact is evident if we refer to the cases of the European Court of human rights versus Albania dealing with the application of article 6 of the Convention.The paper aims to address the protection of human rights after the demise of the communist regime, especially regarding the right to a fair trail, analyzing the progress but also the continuity in some aspects with the past.

scholarly journals Extraterritorial application of the right to life on the high sea . Commentary to the Views adopted by the Human Rights Committee of 27 January 2021, A.S., D.I., O.I. and G.D. against Italy, Communication No. 3042/2017

2021 ◽  
Author(s):  
Bartosz Pacholski
Keyword(s):  
Human Rights ◽  
International Law ◽  
Subject Matter ◽  
Political Rights ◽  
Right To Life ◽  
Rescue Operation ◽  
Protection Of Human Rights ◽  
The Subject ◽  
Civil And Political Rights ◽  
The Right

The subject matter of this commentary, which instigates the Views of the Human Rights Committee of 27 January 2021, is the protection of one of the fundamental human rights – the right to life. The Committee, as an authority appointed to oversee compliance with the International Covenant on Civil and Political Rights, had to decide on the issue of Italy’s responsibility for failing to provide assistance to a boat in distress, even if the area in which the vessel was located was not within the territory of this state and other acts of international law attribute the responsibility for executing the rescue operation to a third country. According to the Committee’s views, which applied extraterritorial approach to the protection of the right to life, whenever states have the opportunity to take action for the protection of human rights they should do everything possible in a given situation to help people in need.

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.

Jamaica Withdraws the Right of Individual Petition under the International Covenant on Civil and Political Rights

1998 ◽  
Vol 92 (3) ◽  
pp. 563-568 ◽  
Author(s):  
Natalia Schiffrin
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Legal Protection ◽  
Political Rights ◽  
Optional Protocol ◽  
Protection Of Human Rights ◽  
Civil And Political Rights ◽  
The Right ◽  
Roll Back ◽  
Individual Petition

In October 1997, a little-noticed event took place at the United Nations that may roll back the international legal protection of human rights. Jamaica became the first country to denounce the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), and thus withdrew the right of individual petition to the UN Human Rights Committee (Committee). Although it is provided for under the Protocol’s Article 12, no state has previously made such a denunciation.

scholarly journals The United Nations Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights: a tale of two halves or a potentially unified vision of human rights?

2018 ◽  
Vol 7 (2) ◽  
pp. 199-224 ◽  
Author(s):  
Andrea Broderick
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Social Dimension ◽  
European Convention ◽  
Political Rights ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
Civil And Political Rights ◽  
The United Nations ◽  
The Right

The traditional dichotomy of rights between civil and political rights, on the one hand, and economic, social and cultural rights, on the other hand, has been increasingly eroded in scholarly and judicial discourse. The interdependence of the two sets of rights is a fundamental tenet of international human rights law. Nowhere is this interdependence more evident than in the context of the United Nations Convention on the Rights of Persons with Disabilities (CRPD or UN Convention). This article examines the indivisibility and interdependence of rights in the CRPD and, specifically, the positive obligations imposed on States Parties to the UN Convention, in particular the reasonable accommodation duty. The aim of the paper is to analyse, from a disability perspective, the approach adopted by the European Court of Human Rights (ECtHR or ‘Strasbourg Court’) in developing the social dimension of certain civil and political rights in the European Convention on Human Rights (ECHR), namely Articles 2 and 3 (on the right to life and the prohibition on torture, inhuman and degrading treatment, respectively), Article 8 (on the right to private and family life) and Article 14 ECHR (on non-discrimination). Ultimately, this paper examines the influence of the CRPD on the interpretation by the Strasbourg Court of the rights of persons with disabilities under the ECHR. It argues that, while the Court is building some bridges to the CRPD, the incremental and often fragmented approach adopted by the Court could be moulded into a more principled approach, guided by the CRPD.

scholarly journals Interrogations And The Right To Remain Silent - A Comparative Approach

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 69-78
Author(s):  
Arta Bilalli
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Comparative Approach ◽  
Political Rights ◽  
International Tribunal ◽  
International Convention ◽  
Right To Silence ◽  
Civil And Political Rights ◽  
The Right ◽  
International Conventions

Abstract Interrogations are a very specific component of any criminal investigation. The answers gained through interrogative process provides information that are considered as direct evidences. In contemporary criminal procedure, the court is not absolved from gaining other evidences, even in cases when the defendant confesses his/her guiltiness. This is a mechanism for excluding the inquisitorial approach for extracting compulsory confessions. The modern procedure uses a variety of mechanisms to guarantee that the defendant will not be compelled to confess guilt. Those mechanisms are part of most important international conventions as International Convention for Civil and Political Rights, the European Convention on Human Rights, the American Convention on Human Rights, the Statutes of International Tribunals (i.e. International Tribunal for ex-Yugoslavia, International Tribunal for Rwanda) and part of different constitutional and legal acts of modern states. A very interesting “highlight” remains the right to silence which guarantees that the defendant might remain silent and it will not be interpreted against him. The defendant, even in cases with direct evidences, can remain silent and cannot be forced to answer given questions. Another “highlight” is that one that appears from the privilege against self-incrimination that allows the defendant to not answer a question, if by answering, he/she may confess guilt or incriminate him/herself. How deep is this privilege? Are there, maybe questions, that he/she are obliged to answer (i.e. disclosure of identity?) The article will focus in interrogations and the right to silence by most important international acts and domestic acts of different countries (USA, France, Germany, Albania, Kosovo, Macedonia) and upcoming specifics in the relation interrogations vs. remaining silent.

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