State-Sponsored Homophobia and the Denial of the Right of Assembly in Central and Eastern Europe: The “Boomerang” and the “Ricochet” between European Organizations and Civil Society to Uphold Human Rights

Law & Policy ◽  
2012 ◽  
Vol 35 (1-2) ◽  
pp. 1-28 ◽  
Author(s):  
Ronald Holzhacker
1992 ◽  
Vol 6 ◽  
pp. 41-55 ◽  
Author(s):  
James Turner Johnson

The fundamental question is whether the non-Western world is capable of developing our form of liberal democratic self-government, despite our differences in tradition and culture. The author taps on several critical differences of interpretation of what we consider to be integral to our form of government, such as John Locke's concept of “civil society”; the idea of “pluralism”; and the concept of “inherent human rights” counsel, which have distinctly different meanings in the West compared to those of Central and Eastern Europe. Interestingly, the differences are indicative of the profound cultural and historic differences of the societies engaged in the interpretation and adaption of these ideas. The author is optimistic in the regard of democracy “traveling,” provided that individuals recognize their own identity within the democratic society and acquire practice in exercising their freedoms. In this way, not only will democracy flourish under previously dictatorial regimes, but will continue to persist where it is already established.


1993 ◽  
Vol 1 (1) ◽  
pp. 7-16 ◽  
Author(s):  
Manfred Nowak

AbstractThe right of self-determination and protection of minorities in Central and Eastern Europe is discussed in the light of the case law of the Human Rights Committee, which shows that many traditional minorities in Central and Eastern Europe are to be qualified as minorities within the meaning of article 27 of the UN Covenant. The author concludes that the UN Covenant on Civil and Political Rights still remains the only international treaty guaranteeing protection to minorities and providing measures of international supervision. He argues for a common and internationally binding European agreement providing adequate protection against minority rights violations, be it in the framework of the CSCE, Council of Europe or an enlarged European Communities.


2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
D W Patterson ◽  
K Buse ◽  
R Magnusson ◽  
B C A Toebes

Abstract Issue Malnutrition in all its forms poses daunting challenges to global health and development. The agriculture sector is a significant contributor to global warming. COVID-19 has pushed many people into poverty, including food poverty. A radical rethink of business models, food systems, civil society involvement, and national and international governance is required to address the interlinked crises of COVID-19, obesity, undernutrition, and climate change. International human rights law, institutions and mechanisms provide important opportunities for norm setting, advocacy and accountability. Yet these pathways are under-utilised by both governments and civil society. Description The global AIDS response demonstrated the power of a human rights-based approach. United Nations' HIV/AIDS and Human Rights Guidelines greatly influenced the global consensus for effective, evidence-based approaches. The Guidelines also informed resolutions of the UN General Assembly and its Human Rights Council, contributing to more affordable medicines, an unprecedented increase in people on treatment, less stigmatising health services, the empowerment of marginalised groups, and the institutionalisation of norms, including “no one left behind.” Human rights-based approaches have also been successfully utilised in tobacco control. Results In 2019, 180 experts from 38 countries published an open call on WHO and the UN Office of the High Commissioner for Human Rights (OHCHR) to initiate an inclusive process to develop guidelines on human rights, healthy diets and sustainable food systems. Most signatories were from the health and development sectors, demonstrating the increasingly broad interest in using human rights mechanisms to address global health challenges. Lessons Opportunities exist to transform food systems and create healthier food environments and a healthier planet by clarifying existing international obligations to progressively realise the right to food and the right to health. Key messages Market forces, alone, are failing to deliver healthy diets and sustainable food systems. International legal frameworks and accountability mechanisms provide opportunities for engagement and action. Human rights guidelines can help mobilize multisectoral action, strengthen State and private sector accountability, and deepen community engagement in the urgent task of achieving Agenda 2030.


2020 ◽  
Vol 12 (2) ◽  
pp. 250-259
Author(s):  
Paul Gready

Abstract This essay attempts to capture the human rights implications of COVID-19, and responses to it, in the city of York (UK). Three human rights contributions are identified: ensuring that responses enhance dignity, the right to life, non-discrimination, and protect the most vulnerable; using human rights when balancing priorities and making difficult decisions; and optimizing the link between disease and democracy. The overarching aim is to localize and contextualize human rights in a meaningful way in the city, and thereby to provide meaningful guidance to the City Council and statutory agencies when implementing the difficult measures required by the pandemic, and to support civil society advocacy and monitoring. This work, led by the York Human Rights City (YHRC) network, illustrates the value of a localized ‘thick description’ of human rights and the multi-dimensional picture of challenges, innovations and solutions facilitated by such an approach.


2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.


Politeja ◽  
2015 ◽  
Vol 12 (7 (34/2)) ◽  
pp. 181-194
Author(s):  
Igor Grieckij

Central and Eastern Europe countries and NATO enlargement in foreign policy of Russian Federation in 1992‑1992 The beginning of the 1990s is one of the most interesting and controversial periods in the history of Russian foreign policy. At that time, extensive reforms were introduced in Russia in the framework of transition to market economy and institutions of civil society. Russia’s foreign policy has undergone great changes, as well, many of its fundamental provisions were subject to significant adjustment. In particular, the new leadership of Russia is no longer considered NATO as an enemy, and even let in a possibility of Russia’s prospects for NATO membership in future. However, by 1994, the Kremlin’s position on that issue has changed dramatically. This article examines the nature of these changes in Russia’s foreign policy, as well as the reasons why the Russian government perceived negatively the CEE countries’ aspirations to join NATO, and considered it as a threat to its national interests.


2019 ◽  
pp. 354-356
Author(s):  
David Sorkin

This concluding chapter presents ten theses on emancipation. One, emancipation is the principal event of modern Jewish history. Two, the term “emancipation” was historically polysemous: it referred to the liberation or elevation of numerous groups. Three, the emancipation process commenced around 1550 when Jews began to receive extensive privileges in eastern and western Europe and in some instances rights in a nascent civil society. Four, there were two legislative models of emancipation: conditional and unconditional. Five, there were three regions of emancipation: western, central, and eastern Europe. Six, the Ottoman Empire comprised a fourth region of emancipation. Seven, the equality of Judaism was fundamental to the Jews' equality. Eight, emancipation mobilized Jews politically. Nine, emancipation was ambiguous and interminable. Ten, emancipation was at the heart of the twentieth century's colossal events.


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