scholarly journals The Scope of Third-Party Responsibility for Serious Human Rights Abuses under the European Convention on Human Rights: Wrongdoing in the British Indian Ocean Territory

2016 ◽  
Vol 16 (4) ◽  
pp. 771-797 ◽  
Author(s):  
Stephen Allen
Keyword(s):  
Human Rights ◽  
Indian Ocean ◽  
Third Party ◽  
European Convention ◽  
Human Rights Abuses

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.

Inter-State Dispute Settlement in the Field of Human Rights

1990 ◽  
Vol 3 (3) ◽  
pp. 87-98 ◽  
Author(s):  
P. H. Kooijmans
Keyword(s):  
Human Rights ◽  
Dispute Settlement ◽  
Third Party ◽  
European Convention ◽  
State Party ◽  
Fact Finding ◽  
The Cold War ◽  
Rights Issues ◽  
Of Greece ◽  
Inter State

Inter-state disputes on human rights issues have been a far from exceptional phenomenon. During the Cold War the human rights question deeply divided the countries belonging to the Western and the communist blocs. Relations between developed and developing countries quite often have been heavily strained by controversies on human rights. But even within a group of countries belonging to an alliance or a homogeneous regional organization, human rights issues from time to time have been the cause of serious difficulties; e.g., the human rights record of Greece and Portugal within NATO and that of Greece and Turkey within the Council of Europe. Hardly ever have such disputes been subjected to third party dispute settlement machinery, even if such machinery was available. Most human rights treaties have a so-called procedure for state complaints, although in most cases acceptance of such a procedure is optional for the state parties. Only under two treaties, the European Convention on Human Rights and the UN Convention on the Elimination of All Forms of Racial Discrimination, it is mandatory for any state party against which a complaint by another state party is made, to submit itself to such a procedure. In most cases the procedures are of a fact-finding and mediatory character.Again, only under two (regional) treaties, the European and the American Convention on Human Rights, the initiating of such a procedure may lead to a binding decision.

scholarly journals The Hague Rules on Third-Party Joinder: A Revised Framework

2021 ◽  
pp. 217
Author(s):  
Emma Macfarlane
Keyword(s):  
Human Rights ◽  
Third Party ◽  
Commercial Arbitration ◽  
Human Rights Abuses ◽  
Alternative Framework ◽  
The Hague ◽  
The Universe ◽  
New Framework

This paper critically assesses the Hague Rules’ stance on third-party joinder. Third-party joinder is an important feature in business human rights disputes. It is a mechanism that victims of human rights abuses can use to bring claims against corporate defendants where the victims do not otherwise have an underlying agreement on which to base their claim. Keeping in line with traditional conceptions of commercial arbitration, the Hague Rules are grounded in party consent to arbitrate. Conceptions of consent therefore have an outsized impact on the universe of parties who can bring actions against corporations before arbitral tribunals for human rights abuses. The main objective of this paper is to offer an alternative framework of third-party joinder and consent to achieve a better balance between the interests of claimants alleging human rights abuses and corporate defendants. Part I traces the rise of arbitral tribunals as fora for business human rights disputes. Part II outlines the procedural shortcomings of third-party joinder in business human rights cases before arbitral tribunals under the Hague Rules. Part III advocates for a new framework to guide arbitral tribunals when assessing whether to allow requests for third-party joinder.

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.

Chechnya and the European Court of Human Rights: The merits of Strategic Litigation

2008 ◽  
Vol 19 (3) ◽  
pp. 208-219 ◽  
Author(s):  
Ole Solvang
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Full Potential ◽  
Human Rights Abuses ◽  
Human Rights Organizations ◽  
European Court ◽  
Positive Results ◽  
Strategic Litigation

AbstractIn May 1998, eighteen months before the start of the second war in Chechnya, Russia ratified the European Convention on Human Rights, thereby granting the European Court of Human Rights (ECHR) jurisdiction to hear complaints against the Russian authorities from Russian citizens. When the second war in Chechnya started in December 1999, therefore, human rights organizations had access to a new potentially powerful tool with which to fight human rights abuses in Chechnya: the European Court of Human Rights. Several litigation projects emerged and hundreds of complaints have been filed from Chechnya. Ten years after the ratification of the European Convention on Human Rights, the record shows that bringing cases to the ECHR has produced concrete positive results, but that the full potential of ECHR litigation is still to be realized.

scholarly journals The European Court of Human Rights, Transitional Justice and Historical Abuse in Consolidated Democracies

2019 ◽  
Vol 19 (4) ◽  
pp. 675-704
Author(s):  
James Gallen
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Authoritarian Regimes ◽  
European Convention ◽  
Authoritarian Rule ◽  
Human Rights Abuses ◽  
European Court ◽  
The Relationship

Abstract In recent years, both transitional justice and the role of the European Court of Human Rights in dealing with historical abuses have evolved. Transitional justice has begun to address widespread or systemic human rights abuses outside of the contexts of armed conflict and authoritarian regimes. In three key recent judgments, El-Masri v Macedonia, Janowiec v Russia and O’Keeffe v Ireland, the Court has clarified and expanded its approach to addressing historical human rights violations relevant to transitional justice in significant, if inconsistent, ways. To date, there is no exploration of the relationship between transitional justice, historical abuse outside the contexts of armed conflict or authoritarian rule and the European Convention of Human Rights. This article seeks to address that gap by considering the potential opportunities and obstacles for the use of the Convention to address historical abuse in consolidated democracies as a part of transitional justice.

Foreign Direct Liability of Multinational Corporations in the Dutch Legal Order

2021 ◽  
pp. 201-229
Author(s):  
Channa Samkalden
Keyword(s):  
Human Rights ◽  
Multinational Corporations ◽  
Criminal Liability ◽  
Civil Liability ◽  
Criminal Code ◽  
European Convention ◽  
Human Rights Abuses ◽  
Applicable Law ◽  
Potential Basis ◽  
Corporate Criminal Liability

Channa Samkalden reviews the position in the Netherlands regarding the imposition of liability on multinationals for human rights abuses overseas. She explains the potential basis for, the process, and the advantages of seeking corporate criminal liability under the provisions of the Criminal Code. Regarding civil liability, she outlines the rules on jurisdiction, applicable law and the interplay with the Dutch Code of Civil Procedure, including forum necessitates. She outlines jurisdictional decisions in Milieudefensie v. Shell and Kiobel v. Shell and the principle for establishing foreign direct civil liability on a parent company based on the breach of a tort law duty of care and alternative grounds and the potential relevance of soft law and the European Convention on Human Rights. She outlines the rules on admissibility of claims by representative organisations, collective actions, limitation, assessment of damages, discovery, witness protection, and costs and funding.

Civil Liability in Australia for International Human Rights Violations

2021 ◽  
pp. 140-167
Author(s):  
Peter Cashman
Keyword(s):  
Human Rights ◽  
Civil Liability ◽  
Class Action ◽  
Third Party ◽  
State Courts ◽  
Law Firms ◽  
Environmental Damage ◽  
Human Rights Abuses ◽  
Opt Out ◽  
Forum Non Conveniens

Peter Cashman reviews the current state of play in Australia regarding the imposition of civil liability on multinationals for human rights abuses and environmental damage occurring overseas. He considers cases based on a direct tort law-based duty of care and the relevance in that regard of developments in English law and also environmental damage associated with the operations of Australian multinationals, in particular the historic OK Tedi litigation against BHP Billiton and the recent class action trial of the claim by Indonesian seaweed farmers arising from the Montara oil spill. Important aspects of the law on jurisdiction, forum non conveniens, and choice of law and the opt-out class action regime in federal and State courts are outlined. The rules relating to the running of cases by private law firms and third party litigation funders on the basis of contingency fee agreements are explained

scholarly journals Applying the European Convention on Human Rights to the Conflict in Ukraine

2018 ◽  
Vol 6 (3) ◽  
pp. 8-78
Author(s):  
Stuart Wallace ◽  
Conall Mallory
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
European Convention ◽  
Armed Groups ◽  
Human Rights Abuses ◽  
European Court ◽  
The Russian Federation ◽  
State Actors ◽  
Practical Implications ◽  
Different Parts

The“annexation” of Crimea by the Russian Federation and the ongoing conflict in Eastern Ukraine have resulted in widespread human rights abuses. Both Ukraine and the Russian Federation are signatories to the European Convention on Human Rights and the Convention should apply within the territory and to the conflict. However, recent applications to the European Court of Human Rights reveal a great deal of confusion over which State bears responsibility for protecting human rights in different parts of Ukraine. This article seeks to shine a light on this problem presenting a deep analysis of the European Court of Human Rights’ jurisprudence and discussing how it applies to both the conflict in Eastern Ukraine and “annexed” Crimea. It addresses salient issues such as responsibility for the actions of non-state actors and armed groups in Eastern Ukraine and whether the legality of the “annexation” has any bearing on the human rights obligations of each State. The article presents a detailed critique of recent judgments from the European Court of Human Rights arguing that the jurisprudence of the Court has created a bewildering degree of complexity and uncertainty as to the obligations of each State and discussing the practical implications of this uncertainty.

scholarly journals THE EUROPEAN CONVENTION IN CONFLICTED SOCIETIES: THE EXPERIENCE OF NORTHERN IRELAND AND TURKEY

2017 ◽  
Vol 66 (2) ◽  
pp. 263-294 ◽  
Author(s):  
Onder Bakircioglu ◽  
Brice Dickson
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Northern Ireland ◽  
European Convention ◽  
Human Rights Abuses ◽  
Southeast Region ◽  
The United Kingdom ◽  
European Court ◽  
Turkish State

AbstractSince the entry into force of the European Convention on Human Rights there have been many serious conflicts in Europe. This article examines the role played by the Convention in two of those conflicts: that in Northern Ireland between supporters of the territory remaining part of the United Kingdom and supporters of Northern Ireland becoming part of a reunified Ireland, and that in Turkey between those who advocate for a unified Turkish State and those who want a Turkey which grants greater rights to Kurds and accepts greater autonomy for the Kurdish-dominated southeast region. The principal goal is to compare how the institutions in Strasbourg have responded to applications lodged by victims of human rights abuses allegedly committed during the two conflicts. The comparison seeks to identify to what extent the European Court of Human Rights has adopted principles and practices which can contribute to a reduction in human rights abuses during times of conflict.

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