Part V Institutions and Actors, Ch.29 National Implementation and Interpretation

2013 ◽  
Author(s):  
Ando Nisuke
Keyword(s):  
Human Rights ◽  
Legal System ◽  
European Convention ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
National Implementation ◽  
Fundamental Freedoms ◽  
National Legal System ◽  
Protection Of Human Rights

This article examines the national interpretation and implementation of the global International Covenant on Civil and Political Rights (ICCPR) and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). It analyses the mechanism of interpretation and implementation and reception of ICCPR and ECHR in the national legal system and considers the national implementation of jurisprudence. This article suggests that the national or domestic implementation of international human rights law or standards reflects �national legal culture� of each state and argues that a multilateral human rights treaty should not be the only forum to analyse the implementation of human rights by national legal system of a state.

scholarly journals On the Issue of Inadmissibility of Infringing the Right to a Fair Trial of Criminal Cases under the Guise of Protecting State Sovereignty

2017 ◽  
Vol 4 (3) ◽  
pp. 176-182
Author(s):  
A A Timoshenko
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Political Rights ◽  
Criminal Cases ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right

The author examines the issue of the prospects for the direct application of human rights standards in the regulation of criminal procedural activity. In this regard, the key attention is paid to the provisions of art. 14 of the International Covenant on Civil and Political Rights, as well as art. 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the right to a fair trial of criminal cases. It is assumed that only a fair and impartial court is able to ensure the progressive development of society, its stability and security of citizens. Based on the analysis of the main possible ways of further development of the criminal procedural legislation, one of which is related to the increase of formal requirements for criminal procedural activity, and the other - with increased attention to the natural-legal principles of the application of the law, preference is given to the second approach. Based on the analysis of the monuments of world jurisprudence, the study of the history of the formation of international human rights law, it is concluded that it is impossible to overcome the progressive movement towards the triumph of the humanitarian status of the person recognized by the international community. In this regard, the Constitutional Court of the Russian Federation, assessing the correctness of the European Court of Human Rights interpretation of the European Convention for the Protection of Human Rights and Fundamental Freedoms, should be guided by world standards. In addition, there is a need for widespread respect for the need to respect the right to a fair trial.

Parental Religious Rights vs. Compulsory Religious Education in Turkey

2008 ◽  
Vol 15 (4) ◽  
pp. 433-455 ◽  
Author(s):  
Olgun Akbulut ◽  
Zeynep Oya Usal
Keyword(s):  
Human Rights ◽  
Religious Education ◽  
Minority Groups ◽  
European Convention ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
Religious Minority ◽  
Primary Responsibility ◽  
Education In Turkey

AbstractDespite parents having primary responsibility, it remains the State's duty to ensure its citizens' education. The orientation of the State's education can be secular can religious; however, the State – having the discretion on curriculum – should comply with human rights principles by promoting pluralism and refraining from indoctrination. In this respect, discussions around religious education have been, and are, highly controversial. This has especially been the case for countries such as Turkey, which have pronounced religious minority groups in their territories. In this regard, the Alevis of Turkey, as the largest religious minority in the country, have been the main actors of a long lasting legal struggle to strive for respect for their freedom of religion as well as parental religious convictions. This article aims to answer to what extent Alevis in Turkey can assert their parental right to religious education through invoking international human rights law, particularly under the International Covenant on Civil and Political Rights and the European Convention on Human Rights.

scholarly journals The Principle of Self-Determination in the Context of Human Rights

2017 ◽  
Vol 7 ◽  
pp. 25-36
Author(s):  
Tadeusz Gadkowski
Keyword(s):  
Human Rights ◽  
Self Determination ◽  
Soft Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Fundamental Freedoms ◽  
Close Relationship ◽  
Protection Of Human Rights ◽  
International Human

The essay presents the issue of the principle of self-determination from the perspective of international human rights law. The author highlights the close relationship between the principle of self-determination and the principle of respect for human rights and fundamental freedoms. In practice, the principle of self-determination is a prerequisite for the effective guarantee of human rights, and, at the same time, guaranteed protection of human rights is a prerequisite for implementing the principle of national self determination. The author presents the issue of self-determination in the context of the basic regulations of international human rights law, considering regulations of both a ‘hard’ and ‘soft’ law character.

The European Convention on Human Rights and General International Law

2018 ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Feedback Loop ◽  
European Convention ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Courts ◽  
National Courts ◽  
European Court ◽  
Protection Of Human Rights

The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. But the Court does not always follow general international law closely and develops its own doctrines. Its decisions are influential for national courts as well as other international courts and tribunals, thereby, at times, influencing general international law. There is thus a feedback loop of influence. This book explores the interaction, including the problems arising in the context of human rights, between the European Convention on Human Rights and general international law. It contributes to the ongoing debate on fragmentation and convergence of International Law from the perspective of international judges as well as academics. Some of the chapters suggest reconciling methods and convergence while others stress the danger of fragmentation. The focus is on specific topics which have posed special problems, namely sources, interpretation, jurisdiction, state responsibility, and immunity.

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 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 Lawful Detention of Unauthorised Aliens under the European System for the Protection of Human Rights

2011 ◽  
Vol 80 (2) ◽  
pp. 193-218
Author(s):  
Peter Langford ◽  
Ian Bryan
Keyword(s):  
Human Rights ◽  
European Convention ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
European Court ◽  
Criminal Charge ◽  
European System ◽  
Protection Of Human Rights ◽  
Migration Flows ◽  
Article 5

AbstractThis article evaluates the protections against 'arbitrary' and 'unlawful' detention aff orded to nonnationals on having entered the territory of a State party to the European Convention on Human Rights (ECHR). Focussing on Article 5 ECHR and the various permissible exceptions therein, the article examines leading decisions of the European Court of Human Rights (ECtHR) and, in so doing, illuminates and explores tensions arising from the juncture at which Contracting States' capacity to detain entry-seeking non-nationals, without criminal charge or trial, intersects with the requisites of Article 5(1)(f ) ECHR, as construed by the ECtHR. It argues that the ECtHR's interpretative standpoint regarding the 'lawful' administrative detention of 'unauthorised' non-nationals gives disproportionate preference to Contracting States' interest in managing migration flows. It also argues that in consequence States' obligations in international human rights law, the strictures of Article 5 ECHR and the credibility of the Strasbourg Court itself are enfeebled.

The Development of Health Law as a Way to Change Traditional Attitudes in National Legal Systems. The Influence of International Human Rights Law: What is Left for the National Legislator?

2010 ◽  
Vol 17 (1) ◽  
pp. 23-35
Author(s):  
Toma Birmontienė
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Medical Procedures ◽  
International Human Rights Law ◽  
Health Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Protection Of Human Rights ◽  
International Human ◽  
Do So

AbstractThe development of health law as a sovereign subject of law could be seen as a correlative result of the development of international human rights law. From the perspectives of human rights law, health law gives us a unique possibility to change the traditional point of reference — from the regulation of medical procedures, to the protection of human rights as the main objective of law. At the end of the twentieth and the beginning of this century, human rights law and the most influential international instrument — the European Convention on Human Rights (and the jurisprudence of the ECHR) has influenced health care so much that it has became difficult to draw a line between these subjects. Health law sometimes directly influences and even aspires to change the content of Convention rights that are considered to be traditional. However, certain problems of law linked to health law are decided without influencing the essence of rights protected by the Convention, but just by construing the particularities of application of a certain right. In some cases by further developing the requirements of protection of individual rights that are also regulated by the health law, the ECHR even “codifies” some fields of health law (e.g., the rights of persons with mental disorders). The recognition of worthiness and diversity of human rights and the development of their content raise new objectives for national legislators when they regulate the national legal system. Here the national legislator is often put into a quandary whether to implement the standards of human rights that are recognized by the international community, or to refuse to do so, taking account of the interests of a certain group of the electorate.

The Protection of Intellectual Property in International Human Rights Law

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Fundamental Rights ◽  
European Convention ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Cultural Rights ◽  
Core Subject ◽  
Charter Of Fundamental Rights ◽  
The Eu

This chapter examines the human rights system and the way it deals with human creations and innovations that are the traditional core subject matter of intellectual property (IP) rights. It begins by reviewing the scope for protection under Article 27 (2) Universal Declaration of Human Rights (UDHR) and Article 15 (1) (c) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The chapter moves on to the protection of property in human rights law, especially on the regional, European level. It examines how IP can be protected as property under the European Convention of Human Rights (ECHR) and under the EU Charter of Fundamental Rights (EU Charter). Finally, the chapter looks at some of the overlaps with international IP rules and the conflict norms in the human rights system to address such overlaps.

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