The Contribution of the ILO’s International Labour Standards System to the European Court of Human Rights’ Jurisprudence in the Field of Non-Discrimination

2019 ◽  
Author(s):  
Tzehainesh Teklè
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Political Rights ◽  
International Labour Organisation ◽  
Economic Rights ◽  
European Court ◽  
Labour Standards ◽  
Civil And Political Rights ◽  
International Labour Standards

Abstract This article examines the role played by International Labour Standards (ILS) of the International Labour Organisation (ILO) and the pronouncements of the ILO supervisory bodies in the development of the European Court of Human Rights (ECtHR)’s jurisprudence by focussing on the ECtHR’s case law on discrimination. This analysis is conducted against the background of the role that the ECtHR has been playing in making the European Convention of Human Rights (ECHR) an instrument that protects not only civil and political rights but also social and economic rights, and its consideration of the ECHR as a ‘living’ document. This study concludes with a reflection on the benefits of the ECtHR’s use of ILS and the work of the ILO supervisory bodies and challenges ahead.

Protection from poverty in the European Court of Human Rights

2019 ◽  
pp. 335-360
Author(s):  
Elena Pribytkova
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Political Rights ◽  
European Level ◽  
Economic Rights ◽  
The Poor ◽  
Adequate Food ◽  
European Court ◽  
Normative Basis ◽  
Judicial Protection

This paper analyses the practice of the European Court of Human Rights (ECtHR), which gives judicial protection to minimum socio-economic guarantees indispensable for freedom from poverty while addressing civil and political rights enshrined in the European Convention on Human Rights (ECHR). I explore the normative basis, scope, strategies, conditions and effectiveness of the ECtHR’s enforcement of basic socio-economic guarantees, such as access to adequate food, water, sanitation, housing, clothing, health, and social security. The paper examines the virtues and shortcomings of the ECtHR’s approach and discusses legal and political measures necessary to improve judicial protection of the poor in Europe. It shows the necessity of the elaboration of a systematic legal conception clarifying the content and scope of socio-economic guarantees of freedom from poverty protected by the ECHR as well as common standards of their judicial enforcement. At the same time, I advocate for the direct judicial protection of socio-economic rights at the European level. An essential political measure in this sense would be the expansion of the Court’s jurisdiction to the rights enshrined in the European Social Charter and the Revised European Social Charter.

The ties that bind: family and private life as bars to the deportation of immigrants

2012 ◽  
Vol 8 (2) ◽  
pp. 283-296
Author(s):  
Yaël Ronen
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Private Life ◽  
European Convention ◽  
Political Rights ◽  
Normative Framework ◽  
European Court ◽  
Fundamental Freedoms ◽  
Civil And Political Rights ◽  
Two Bodies

AbstractThis article analyses the way in which the use of the rights to family life and to private life has evolved as a bar to the deportation of immigrants. The analysis focuses on the jurisprudence of the European Court of Human Rights (ECtHR) with respect to the European Convention on Human Rights and Fundamental Freedoms, which uses a rights-based framework; and of the UN Human Rights Committee (HRC) with respect to the International Covenant on Civil and Political Rights, which uses a status-based framework. It notes the interaction between the two bodies and the attempt in each forum to modify its normative framework to follow the other's. The article further considers the implications of each normative framework for both integrated immigrants and other immigrants.

Labour Rights and the Case Law of the European Court of Justice

2018 ◽  
Vol 9 (3) ◽  
pp. 236-262 ◽  
Author(s):  
Tzehainesh Teklè
Keyword(s):  
Case Law ◽  
The European Union ◽  
International Labour Organisation ◽  
Labour Rights ◽  
Court Of Justice ◽  
European Court ◽  
Labour Standards ◽  
Underlying Causes ◽  
International Labour Standards ◽  
The One

This article examines the role of International Labour Standards (ILS) adopted by the International Labour Organisation (ILO) in the case law of the Court of Justice of the European Union (CJEU) within a global context characterised, on the one hand, by a multiplicity of domestic, supranational and international legal sources and adjudicator and supervisory bodies operating in the labour law field; and, on the other, by an increasing use of ILS by domestic and regional courts. These are, thus, building bridges between the plurality of legal systems and fostering coherence in the interpretation of labour rights. Based on a thorough examination of the case law of the CJEU and against the broader background of the EU legal and policy approach to labour rights and ILS, this article shows that despite the above-mentioned general trend the CJEU has been making a limited use of ILS and these have been having a limited bearing on its judgments. The article highlights why this is problematic and identifies the underlying causes. Finally, it presents arguments in favour of, and legal and methodological avenues to achieve, a greater reliance by the CJEU on ILS and the work of the ILO bodies supervising their application.

The Council of Europe, the European Convention on Human Rights and the Social Charter

2020 ◽  
pp. 41-52
Author(s):  
Liz Griffith
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Social Rights ◽  
Political Rights ◽  
Council Of Europe ◽  
Economic Rights ◽  
European Court ◽  
The Social ◽  
The Cold War ◽  
Social And Economic Rights

Chapter 3 provides a critical perspective on the establishment of the Council of Europe and its development of human rights mechanisms amongst Western European powers during the Cold War. It discusses attempts to address the lack of coverage of social and economic rights in the ECHR, with the development of the European Social Charter and the Committee of Social Rights and looks at the Council of Europe’s differing approaches to civil and political rights (and the jurisdiction of the European Court of Human Rights) and the social and economic rights contained in the Social Charter (with oversight by the Committee of Social Rights). It outlines some of the strengths and weaknesses relating to enforcement and realisability of these differing sets of rights.

scholarly journals Role of the European Court of Human Rights in realization of social security right

2020 ◽  
Vol 2 (2) ◽  
pp. 55-63
Author(s):  
Lyusya Mozhechuk ◽  
Andriy Samotuha
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Occupational Injuries ◽  
Case Law ◽  
European Convention ◽  
Constitutional Court ◽  
Economic Rights ◽  
European Court ◽  
The Right

The article deals with the role of the European Court of Human Rights (ECtHR) in protecting the right to social security. There is the analysis of the case law of the ECtHR on the violation of the right to social security, namely the right to receive a pension, which the ECtHR classifies as property rights. The authors have outlined the ways to improve the practice of the ECtHR in this area in modern national and world socio-economic conditions. According to available estimates, around 50 per cent of the global population has access to some form of social security, while only 20 per cent enjoy adequate social security coverage. Ensuring an ap-propriate mechanism for the protection of human and civil rights is a priority for every country. However, according to case law, the number of complaints of violations or non-recognition of their rights is growing every year. An important role in the protection of human rights in today's conditions is played by an international judicial body - the European Court of Human Rights. In Ukraine, where socio-economic rights are recognized at the constitutional level, their guarantee content in the current laws is still not clearly defined, and therefore, as evidenced by the practice of the Constitutional Court of Ukraine, legal mechanisms their protection, in particular the means of judicial control remain ineffective. The right to social security is the right to access and retention of benefits, both in cash and in kind, without discrimination in order to protect, in particular, against (a) lack of income from work caused by illness, disability, maternity, occupational injuries , unemployment, old age or death of a family member; (b) inaccessible access to medical care; (c) insufficient family support, especially for children and adult dependents. It is well known that the European Convention does not contain many socio-economic rights as such (with a few exceptions - protection of property and the right to education). Thus , the former president of the ECtHR Jean-Paul Costa specifically pointed to another important European human rights treaty – the European Social Charter. Human rights are a universal value, and their protection is the task of every state. The European Court of Human Rights plays an important role in protecting human rights in modern conditions. The functioning of such an international judicial institution can not only solve a problem of protection of violated rights, but also affect the development of the judicial system of each state. The main principle of realization and judicial protection of social rights is non-discrimination on the grounds of sex, age, race, national and social origin of the individual, and the role of auxiliary institutions of the Council of Europe in generalizing and improving the ECtHR’s activity has been emphasized.

Detention before Trial and Civil Detention of Dangerous Individuals

2019 ◽  
pp. 498-519
Author(s):  
Grischa Merkel
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Political Rights ◽  
Pretrial Detention ◽  
Legal Principles ◽  
European Court ◽  
International Regulations ◽  
Reasonable Suspicion ◽  
Civil And Political Rights ◽  
Principle Of Proportionality

This chapter focuses on issues surrounding the pretrial detention and civil detention of dangerous individuals. It first considers the legal principles of the European Convention on Human Rights (ECHR) and their interpretations by the European Court of Human Rights before discussing international regulations on pretrial detention such as those provided by the International Covenant on Civil and Political Rights (ICCPR). It then examines two major decisions made by the European Court of Human Rights concerning the question of which actions can be deemed a deprivation of liberty. It also looks at pretrial detention based on reasonable suspicion of the commission of a crime and goes on to explain the principle of proportionality underpinning the civil detention of dangerous individuals. The chapter concludes with an analysis of three different ways legal procedures can be affected by charges of terrorism.

Laws against the Denial of Historical Atrocities: A Human Rights Analysis

2014 ◽  
Vol 9 (2-3) ◽  
pp. 151-180 ◽  
Author(s):  
Jeroen Temperman
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Related Question ◽  
European Convention ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
European Court ◽  
Civil And Political Rights ◽  
Criminal Legislation

This article ventures into the contentious question of whether the denial of historical atrocities is per se removed from the protection of freedom of expression and the related question if states may under international human rights law proactively combat, through criminal legislation (‘memory laws’), such types of extreme speech. In so doing, the article compares and contrasts approaches employed by the un Human Rights Committee that monitors the un International Covenant on Civil and Political Rights with that of the European Court of Human Rights, regional watchdog of the European Convention on Human Rights. It is argued that both approaches are shifting—though not quite in converging directions. The article makes a case for a contextual rather than exclusively content-based approach. An approach in which the question of ‘likelihood of harm being done to the targeted group’ is guiding, best resonates with the necessity principle.

scholarly journals The Threat to the Life of the Nation as an Introductory Premise of the Derogation of Obligations in the Domain of Human Rights

2020 ◽  
Vol 6 (1) ◽  
pp. 9-24
Author(s):  
Tadeusz Jasudowicz
Keyword(s):  
Human Rights ◽  
Emergency Situation ◽  
The State ◽  
European Convention ◽  
Political Rights ◽  
European Court ◽  
Multiple Interpretation ◽  
The Subject ◽  
Civil And Political Rights ◽  
Mutual Relations

Abstract The subject of the study is the issue defined in international documents by the term “threat to the life of the nation” as a preliminary condition for departing from obligations in the field of human rights. This premise was adopted both in the International Covenant on Civil and Political Rights, as well as in similar regulations for individual continents, including the European Convention on Human Rights. However, on a practical basis, this issue has raised and continues to raise multiple interpretation doubts. In the presented considerations, various aspects of this problem are presented in the light of the jurisprudence of the European Court of Human Rights. On the basis of these, it can be assumed that one cannot identify the category of the nation with the categories of the state and//or the population, since each of these categories has its due autonomy; while on the other hand, they accompany, coexist and remain in mutual relations and interaction. Hence, in international norms, both the treaty provisions and the treaty bodies in their rulings consistently confirm “the life of the nation” as the fundamental protected value, which does not prevent them from associating this value with values important for the state as such and for the population/society. The classic model of this approach has already been established by the ECtHR in the Lawless case, where the Court described a derogation situation as “an exceptional crisis or emergency situation that affects the entire population and poses a threat to the organized life of the community that comprises the state

scholarly journals The Admissibility of Multiple Human Rights Complaints: Strasbourg and Geneva Compared

2019 ◽  
Vol 19 (3) ◽  
pp. 517-536
Author(s):  
Christophe Deprez
Keyword(s):  
Human Rights ◽  
United Nations ◽  
European Convention ◽  
Political Rights ◽  
International Human Rights ◽  
Optional Protocol ◽  
Human Rights Practice ◽  
European Court ◽  
International Human ◽  
Civil And Political Rights

Abstract This article seeks to provide a comparative and up-to-date overview of the applicable rules and relevant practice of the European Court of Human Rights and of the United Nations Human Rights Committee on forum duplication in international human rights litigation. While specific inadmissibility clauses have been included in both the European Convention on Human Rights and the Optional Protocol to the International Covenant on Civil and Political Rights with a view to preventing multiple human rights petitions in relation to the same matter, their respective scopes differ. Moreover, the applicable normative framework has led to important—and diverging—judicial developments in Strasbourg and in Geneva, which may be of great significance in human rights practice and therefore deserve to be thoroughly addressed.

Standardy należytego uzasadnienia w świetle orzecznictwa Trybunału Konstytucyjnego i Europejskiego Trybunału Praw Człowieka

2014 ◽  
pp. 33-48
Author(s):  
Przemysław Florjanowicz-Błachut
Keyword(s):  
European Union ◽  
Human Rights ◽  
Due Process ◽  
Case Law ◽  
Fair Trial ◽  
Fundamental Rights ◽  
European Convention ◽  
European Court ◽  
Judicial Reasoning ◽  
The Right

The core function of the judiciary is the administration of justice through delivering judgments and other decisions. The crucial role for its acceptance and legitimization by not only lawyers, but also individulas (parties) and the hole society plays judicial reasoning. It should reflect on judge’s independence within the exercise of his office and show also judicial self-restraint or activism. The axiology and the standards of proper judicial reasoning are anchored both in constitutional and supranational law and case-law. Polish Constitutional Tribunal derives a duty to give reasoning from the right to a fair trial – right to be heard and bring own submissions before the court (Article 45 § 1 of the Constitution), the right to appeal against judgments and decisions made at first stage (Article 78), the rule of two stages of the court proceedings (Article 176) and rule of law clause (Article 2), that comprises inter alia right to due process of law and the rule of legitimate expactation / the protection of trust (Vertrauensschutz). European Court of Human Rights derives this duty to give reasons from the guarantees of the right to a fair trial enshrined in Article 6 § 1 of European Convention of Human Rights. In its case-law the ECtHR, taking into account the margin of appreciation concept, formulated a number of positive and negative requirements, that should be met in case of proper reasoning. The obligation for courts to give sufficient reasons for their decisions is also anchored in European Union law. European Court of Justice derives this duty from the right to fair trial enshrined in Articles 6 and 13 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. Standards of the courts reasoning developed by Polish constitutional court an the European courts (ECJ and ECtHR) are in fact convergent and coherent. National judges should take them into consideration in every case, to legitimize its outcome and enhance justice delivery.

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