THE LIABILITY OF 'FUNCTIONAL PUBLIC AUTHORITIES' FOR BREACH OF ECHR RIGHTS: THE HOUSE OF LORDS ENDORSES A PALPABLE GAP IN HUMAN RIGHTS PROTECTION

2008 ◽  
Vol 16 (1) ◽  
pp. 141-153 ◽  
Author(s):  
E. Palmer
Keyword(s):  
Human Rights ◽  
Public Authorities ◽  
Human Rights Protection ◽  
Rights Protection ◽  
House Of Lords

scholarly journals The Role of Ombudsman Institutions in Defending the Rights of Military Personnel

2019 ◽  
Vol 25 (2) ◽  
pp. 206-209
Author(s):  
Alexandru Stoian
Keyword(s):  
Human Rights ◽  
Armed Forces ◽  
Public Authorities ◽  
Human Rights Protection ◽  
Exclusive Jurisdiction ◽  
Rights Protection ◽  
Military Command ◽  
Almost All ◽  
The Military

Abstract The Ombudsman type institutions are appointed to investigate individuals’ complaints against public authority and represent important actors in human rights protection system and in implementing democratic controls of the security system. These institutions have the task of interrupting human rights and the fundamental freedoms of armed force personnel, as well as ensuring the over-protection and prevention of defamation of armed forces. At the European level, the institutions of the Ombudsman are particularly important for ensuring the accountability of public authorities outside the contradictory environment of the courts. Ombudsman’s general institutions are mandated to receive complaints about all or almost all state organs, and their attributions concern all public services and government branches, including the armed forces. In addition, the ombudsman institutions with exclusive jurisdiction are independent and have exclusive jurisdiction over the armed forces, usually civilian and independent of the military command chain. Also, the Ombudsman institutions operating within the army can be identified and these are not completely independent, most often subordinated to the defense ministry and receive money from the defense budget.

Sacrificing the Effectiveness of the European Convention on Human Rights on the Altar of the Effective Functioning of Peace Support Operations: A Critique of Behrami & Saramati and Al Jedda

2009 ◽  
Vol 11 (2) ◽  
pp. 155-183 ◽  
Author(s):  
Alexander Breitegger
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Human Rights Violations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Effective Functioning ◽  
European Court ◽  
House Of Lords ◽  
Effective Remedy ◽  
The Uk

AbstractThe European Convention of Human Rights is unlikely to be an effective remedy for local individuals alleging human rights violations by European states participating in peace support operations abroad in the future. This conclusion is substantiated by analysing the restrictive and legally flawed stance taken by the European Court of Human Rights in the joint cases of Behrami and Saramati which had not only a precedential effect on this court's own jurisprudence but also on the case of Al Jedda v. UK Secretary of Defence before the UK House of Lords. Ultimately, the decisions in these cases may be understood by the choice to let the rationale of effective functioning of peace support operations prevail over the effectiveness of human rights protection of local individuals.

4. The Human Rights Act 1998 (1): rights and duties

2021 ◽  
pp. 66-113
Author(s):  
Howard Davis
Keyword(s):  
Human Rights ◽  
International Standards ◽  
Legal Knowledge ◽  
Public Authorities ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Key Points ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Self Test

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter traces the origins of the Human Rights Act, which came about due to a growing sense that UK law was failing to secure and keep pace with emerging international standards of human rights protection. It goes on thoroughly to explain, analyse, and illustrate the main terms of the Act. In particular the duty to interpret statutes for compatibility, if possible, with Convention rights; and the duty on ‘public authorities’ to act in ways which do not violate Convention rights. It considers the new constitutional settlement that the Act brings about and it discusses some of the controversies about its application that have arisen. The final section deals with possible reform.

Tajemnica adwokacka w świetle orzecznictwa Europejskiego Trybunału Praw Człowieka

2020 ◽  
Vol 29 ◽  
pp. 367-376
Author(s):  
Kacper Milkowski ◽  
Keyword(s):  
Human Rights ◽  
Public Authorities ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedures ◽  
True Knowledge ◽  
The Right ◽  
Transfer Of Information

The attorney–client privilege is one of the fundamental elements that determines the actual assurance of the right to legal aid. It allows for the existence of trust between the client and the attorney, creating optimal conditions for the free and unrestricted transfer of information and comments between them. This, in turn, means that the attorney – equipped with full and true knowledge from the client, can most effectively assist in seeking protection of his rights and freedoms in court or before other public authorities. This means that attorney–client privilege increases the effectiveness of legal assistance and, consequently, access to court and enforcement of judicial procedures for the protection of all rights and freedoms. The article analyzes the significance of the attorney–client privilege in the context of the jurisprudence of the European Court of Human Rights. The ECtHR has repeatedly ruled on the protection of the attorney–client privilege as part of the human rights protection system. The Tribunal places the right to keep secret the information provided between the client and the lawyer in the sphere of guarantees arising from Article 6 (right to court) and Article 8 (right to protect communication) of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Privatization and Welfare: A Comparative Perspective

2011 ◽  
Vol 5 (2) ◽  
Author(s):  
Catherine Donnelly
Keyword(s):  
Human Rights ◽  
Residential Care ◽  
Comparative Perspective ◽  
Welfare To Work ◽  
Human Rights Protection ◽  
Rights Protection ◽  
House Of Lords ◽  
The Us ◽  
The Uk

This Article adopts a comparative perspective on the use of privatization by governments in the welfare context. It begins by reviewing the extent of welfare privatization in the US, the UK, and Ireland, considering notable examples such as privatized welfare-to-work schemes and residential care. For example, the question of privatized welfare accommodation in the UK has resulted in significant litigation and a major judgment on privatization handed down by the House of Lords in 2007. The Article turns to a consideration of the challenges that arise from using privatization in the welfare context from the perspective of i) accountability and ii) human rights. The ways in which the different jurisdictions respond to the challenges of welfare privatization—and the lessons to be learned from those responses—are then assessed. Overall, it is argued that judicial or doctrinal responses to privatization are often inadequate and the extent to which there exist alternative mechanisms to ensure accountability and human rights protection in the context of welfare privatization are explored.

ARIO and Human Rights Protection: Leaving the Individual in the Cold

2012 ◽  
Vol 9 (1) ◽  
pp. 67-76 ◽  
Author(s):  
Armin von Bogdandy ◽  
Mateja Steinbrück Platise
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Fundamental Rights ◽  
Legal Responsibility ◽  
Human Rights Violations ◽  
Public Authorities ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Individual ◽  
Private Associations

International organizations may be regarded as international public authorities, since their acts increasingly impinge on individuals, private associations, enterprises, States, or public institutions. However, this development has not been followed by the creation of a corresponding system of international legal responsibility for international organizations. Some are even seen as a risk to fundamental rights. The Articles on Responsibility of International Organizations (ARIO) bring some progress in this regard, but nevertheless leave the victims of human rights violations largely overlooked. The article analyses some of the achievements and gaps of ARIO with respect to human rights protection and explores the possibilities for victims of human rights violations to seek remedies against international organizations.

scholarly journals Human Rights. Protection and enforcement

2021 ◽  
pp. 141-148
Author(s):  
V. V. Vynokurov
Keyword(s):  
Human Rights ◽  
Skin Color ◽  
The State ◽  
Legal Responsibility ◽  
State Responsibility ◽  
Public Authorities ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Individual

The article is devoted to the analysis of the essence and content of the categories «human rights», «protection of human rights», «human rights enforcement» in terms of the substantive relationship between the constitutional state and the individual in modern society. It is emphasized that addressing these terms through the prism of human rights in order to effectively implement them, it is necessary to clearly understand their content and scope of possible actions covered by them, as well as to distinguish between «protection» and «enforcement» at both scientific and legislativelevels, taking into account, inter alia, their lexical meaning. It is determined that everyone, on the one hand, should be able to freely choose the way to protect their rights, and on the other – must be sure that the state guarantees equal opportunities for everyone, regardless of race, language, skin color, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, etc., to use these methods of protection. The role and importance of public authorities in the process of protection and enforcement of human rights and freedoms and the state responsibility to the individual as an integral part of ensuring constitutional human rights are also defined. It is concluded that an integral part of constitutional human rights enforcement is certainly the existence of an effective and efficient mechanism of legal responsibility of the state to the individual. Keywords: human rights, protection of human rights, human rights enforcement, public authorities, state responsibility.

Universal declaration of human rights as a source of universal international legal standards of human rights

2020 ◽  
pp. 36-42
Author(s):  
Uliana Kuzenko
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Universal Declaration ◽  
Human Being ◽  
Legal Basis ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Standards ◽  
International Human

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.

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