Landscape in Human Rights Case Law

2018 ◽  
Author(s):  
Amy Strecker
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Case Law ◽  
Public Spaces ◽  
International Human Rights ◽  
The Public ◽  
Collective Rights ◽  
European Court ◽  
International Human ◽  
Property Versus

Chapter 9 analyses the case law of two international human rights courts—the European Court of Human Rights and the Inter-American Court of Human Rights—dealing with landscape issues. It compares the approach of the two regional courts and highlights the synergies and antagonisms involved in landscape cases. These include the false dichotomies of ‘Indigenous’ versus ‘Western’ notions of landscape, the culture/nature dichotomy and the private right to property versus the public interest in the landscape (non-proprietary interests), as exemplified in a number of cases before the European Court of Human Rights. A typology of landscape cases is presented and the problems of articulating a right to landscape within the current human rights framework are explored. The chapter concludes by offering some thoughts on collective rights and public spaces.

scholarly journals The European Court of Human Rights’ Engagement with International Human Rights Instruments: Looking at the Cases of Domestic Violence

2021 ◽  
pp. 79-96
Author(s):  
Ebru Demir
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Specific Area ◽  
Case Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
International Human ◽  
Scope Of Protection

In its recent jurisprudence on domestic violence, the European Court of Human Rights started to examine the domestic violence cases in the light of relevant international human rights law developed in this specific area. This article examines the engagement of the European Court of Human Rights with other international and regional human rights instruments in domestic violence cases. Upon examination, the article concludes that by integrating its case law into international human rights law the European Court of Human Rights broadens the scope of protection for domestic violence victims and maintains the unity of international law.

Reconstructing the European Court of Human Rights’ Article 8 Jurisprudence in Deportation Cases: The Family’s Right and the Public Interest

2020 ◽  
Vol 20 (2) ◽  
pp. 333-360
Author(s):  
Jonathan Collinson
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Case Law ◽  
Best Interests ◽  
European Convention ◽  
The Public ◽  
European Court ◽  
Two Factors ◽  
The One ◽  
The Right

Abstract This article rationalises the case law of the European Court of Human Rights under Article 8 of the European Convention on Human Rights in deportation cases involving children. The Court engages in a balancing exercise between the right to family life of the deportee’s family on the one side, and the public interest in deportation on the other. This article expands on existing case law analysis by suggesting that in deportation cases, the Court considers Article 8 as a form of commonly held right, rather than an individual right held by one member of the family. Furthermore, the balance is argued to be constructed as a relationship between two factors on both sides, rather than of a sole factor on either side as being determinative. This article concludes that the best interests of the child (one of the ‘Üner criteria’) is not adequately reflected in the Court’s deportation decision-making practice.

Counterpedagogy, Sovereignty, and Migration at the European Court of Human Rights

2021 ◽  
pp. 1-22
Author(s):  
Jessica Greenberg
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Unintended Consequences ◽  
International Human Rights ◽  
Policy Environments ◽  
European Court ◽  
International Human ◽  
And Migration ◽  
The Impact ◽  
High Seas

What happens to gains in human rights protections if states learn how to use international human rights courts to evade future scrutiny? This article centers on Hirsi Jamaa v. Italy, a landmark 2012 migration case at the European Court of Human Rights. Rights advocates characterized the case as a legal victory for migrants. Subsequent shifts in Italian bordering and policing on the high seas demonstrate unintended consequences of this litigation. While Italy implemented the judgment, compliance went hand in hand with state efforts to undermine rights protections in practice. Italy carved out new areas of discretion among maritime police, human rights advocates, and migrants on the high seas. Ultimately, assessing the impact of case law requires looking not only at judgments and at execution. It requires attention to subsequent policy environments and policing efforts that may violate the spirit, if not the letter, of human rights obligations.

scholarly journals Balancing the Doctor’s Right to Respect to Business Reputation with the Public’s Right to Freedom of Expression (Based on the Case Law of the European Court of Human Rights)

Medicne pravo ◽  
2020 ◽  
Vol 2020 (2) ◽  
pp. 24-33
Author(s):  
I. O. BOGOMAZOVA ◽  
◽  
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Ethical Behavior ◽  
Freedom Of Expression ◽  
Case Law ◽  
Negative Information ◽  
The Public ◽  
European Court ◽  
Ethical Norms ◽  
Fair Balance

The article covers the issue of dissemination of negative information about the doctor on the example of the European Court of Human Rights case law. It has been emphasized on the circumstances in which it seems possible to strike a fair balance between a doctors’ right to protect their business reputation and the freedom of expression of others. It has been established that the business reputation of the doctors is closely related to the ethical norms of their behavior. Dissemination of negative information, in particular, about the doctor is one of the manifestations of freedom of expression. However, it is important to remember that such negative information shall be true; otherwise, this activ- ity would not comply with the law. In the case of a restriction of a person’s right to freedom of expression, the European Court of Human Rights proposes to take into account the following factors: whether such a restriction was based on law, whether it pursued one or more legitimate aims and whether it was necessary in a democratic society to achieve those aims. Of course, the dissemination of negative information about a doctor affects his or her business reputation, but in order to achieve a fair balance between competing interests in this area (provided that such information was true) the public interest will prevail, because the dissemination of health information is of particular interest for the public. A fair balance in these relations will also provide such circumstances as: good faith and ethical behavior of those who publish negative information, the way the material is presented, the validity of the information disseminated, the real ability of the doctor to respond to these allegations. Key words: business reputation of a doctor, dissemination of information, European Court of Human Rights.

Athletes’ rights under the World Anti-Doping Code: A legitimate public interest?

2018 ◽  
Vol 43 (3) ◽  
pp. 197-202
Author(s):  
Daniel Goldsworthy
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Strict Liability ◽  
International Human Rights ◽  
The Public ◽  
Social Interests ◽  
The World ◽  
World Anti Doping Agency ◽  
International Human ◽  
Human Rights Standards

World Anti-Doping Agency considers doping transgressions strict liability offences. Strict liability offences that restrict human rights may be morally justified where legitimate social interests outweigh the rights of individuals. The World Anti-Doping Agency Code is currently under review, with a revised Code expected to be issued in January 2021. This article critically examines whether the Code conforms to international human rights standards, and whether strict liability can be ethically justified on the basis that they are in the public interest. It also considers how the principles of anti-doping policy may be shaped by and for athletes through a Rawlsian critique of anti-doping regulation.

Kant, cosmopolitanism and systems of constitutional justice in Europe and beyond

2020 ◽  
Vol 9 (3) ◽  
pp. 562-580
Author(s):  
ALEC STONE SWEET ◽  
CLARE RYAN
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Order ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
Constitutional Justice ◽  
International Human ◽  
Special Symposium

AbstractIn A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the ECHR, we sought to demonstrate the power of Kantian theory to explain – or at least meaningfully illuminate – (1) the defining characteristics of modern, rights-based constitutionalism; (2) the evolving law, politics and constitutional architecture of the European Court of Human Rights (ECHR); and (3) the emergence of a global, cosmopolitan commons, featuring inter-judicial dialogue at its core. This article responds to contributors to the special symposium on the book. In Part I, we defend our account of a Kantian-congruent, domestic system of constitutional justice. Part II reflects on the ECHR as an instantiation of a cosmopolitan legal order, and on the European Court’s case law – particularly its enforcement of the proportionality principle. In Part III, we assess the evidence in support of a broader ‘constitutionalization’ of international human rights law.

International Human Rights Law and Blockade

2018 ◽  
Author(s):  
Phillip Drew
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
Power And Control ◽  
International Human ◽  
Extraterritorial Jurisdiction ◽  
And Control

The years since the beginning of the twenty-first century have seen a significant incursion of international human rights law into the domain that had previously been the within the exclusive purview of international humanitarian law. The expansion of extraterritorial jurisdiction, particularly by the European Court of Human Rights, means that for many states, the exercise of physical power and control over an individual outside their territory may engage the jurisdiction of human rights obligations. Understanding the expansive tendencies of certain human rights tribunals, and the apparent disdain they have for any ambiguity respecting human rights, it is offered that the uncertain nature of the law surrounding humanitarian relief during blockades could leave blockading forces vulnerable to legal challenge under human rights legislation, particularly in cases in which starvation occurs as a result of a blockade.

scholarly journals The right to peaceful enjoyment of property and the security measure of the forfeiture of cash in the jurisprudence of the Serbian Constitutional Court: Certain uncertainty

Pravni zapisi ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 620-644
Author(s):  
Tamás Korhecz
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Public Interest ◽  
Cash Transfer ◽  
Constitutional Court ◽  
The Public ◽  
Cross Border ◽  
Security Measure ◽  
European Court ◽  
The Right

The right to peaceful enjoyment of property is a first-generation human right, protected by the international and domestic law of the highest rank. This is not an absolute right - the European standards of protecting property rights allow possible interferences prescribed by law. The interferences can be made in the public interest but only under the assumption that the proportionality between the public interest and property rights of individuals at stake is established. Forfeiture of undeclared cash the individuals are transferring across state borders, together with imposing fines for a misdemeanor, represent an interference with individuals' property rights. The EU Member States do not share an identical system of sanctions for this petty offense, but there is a tendency of unification related to the monitoring, registering, and sanctioning of undeclared, cross-border, individual cash transfer. The case-law of the European Court of Human Rights has established rather precise criteria for distinguishing permitted from unpermitted interferences in cases of undeclared cross-border cash transfers. The Serbian Constitutional Court has been faced with several constitutional complaints regarding alleged unconstitutionally of the imposed security measure amounting to the forfeiture of undeclared cash physically transferred across the state borders. The Constitutional Court has ruled inconsistently on the matter. Although it has regularly referred to the European Court of Human Rights' relevant decisions, it fails to be consistent in following the Strasbourg Court's rulings. In this article, the author has suggested that the legal certainty principle requires the Constitutional Court to consistently interpret the constitutional rights and be systematic in following Strasbourg. Only in this way, the Constitutional Court can help regular courts effectively to harmonize the interpretation and application of laws with the constitutional and international human rights standards regarding property rights.

scholarly journals Interpretation of Economic, Social and Cultural Rights by Human Rights Bodies in Times of Economic Distress. The case of Greece

2017 ◽  
Vol 12 (1) ◽  
Author(s):  
Vasiliki Saranti
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Special Reference ◽  
Economic Crisis ◽  
Case Law ◽  
International Human Rights ◽  
Economic Distress ◽  
Cultural Rights ◽  
International Human ◽  
Of Greece

Economic, social and cultural rights have borne the brunt of the recent economic crisis and the austerity measures adopted to counter it. Due to their gradual implementation and the need of positive measures to implement them, they were the first to be attacked. After discussing the possible ways of applying economic, social and cultural rights in the first part of the essay, I will then examine their application during economic crises with a special reference to Greece focusing mainly on two fields, labour rights and social security rights, and the case-law produced by international human rights bodies in that respect.

Sign in / Sign up

Export Citation Format

Share Document