Minority Mobilisation in Greece and Litigation in Strasbourg

2008 ◽  
Vol 15 (1) ◽  
pp. 27-48 ◽  
Author(s):  
Konstantinos Tsitselikis
Keyword(s):  
Legal Status ◽  
Minority Groups ◽  
Freedom Of Expression ◽  
Minority Group ◽  
European Court ◽  
Complex Process ◽  
The Status ◽  
The Common ◽  
Political Character ◽  
Of Greece

AbstractWhy would minorities of Greece bring their case before the European Court of Human Rights? What do the minority groups or individuals belonging to a minority group envisage when they communicate their case to Strasbourg? What are the common patterns of minority mobilisation for rights claims before the Court of Strasbourg? Minority mobilisation and litigation in Strasbourg is related to the formation of the status regarding a minority group, the latter being the product of a complex process of political character, dependent on a continuous, overt or covert struggle for power. The axis of this relation is defined by claims of the minority and their recognition or non-recognition by the state. In other terms, this struggle can be seen as a balance between demand and enjoyment of rights. These claims of minorities aim at improving, correcting or implementing the legal status. Freedom of expression, religion or association constitute the main grounds for allegations of more than 45 cases brought before the Court of Strasbourg so far. It seems that the Greek law-making and policy-implementing mechanisms are reluctant to accommodate a broader conception about membership to the Greek nation/Greek state mainly due to the continuing ideological constraints. Although religious otherness is slowly being acknowledged and institutionalised, the recognition of national otherness is so far not tolerated.

The Status of Arabic in Israel: Refiections on the Power of Law to Produce Social Change

2002 ◽  
Vol 36 (2) ◽  
pp. 5-39 ◽  
Author(s):  
Ilan Saban ◽  
Muhammad Amara
Keyword(s):  
Legal Status ◽  
Minority Group ◽  
Prima Facie ◽  
The State ◽  
French Language ◽  
The Status ◽  
Official Languages ◽  
State Of Affairs ◽  
Ethnic Nation ◽  
State Of Israel

AbstractThe status of Arabic in Israel gives rise to question. Israel is a rare case of an ethnic nation-state that grants the language of minority group with a legal status which isprima facieone of equality. Both Hebrew and Arabic are the official languages of the State of Israel. What are the reasons for this special state of affairs? The answer is threefold: historic, sociological and legal. In various ways the potential inherent in the legal status of Arabic has been depleted of content, and as a result of that, as well as other reasons, the socio-political status of Arabic closely resembles what you would expect the status of a language of a minority group in a state that identifies itself as the state of the majority group to be. This answer, however, is another source of puzzlement – how does such a dissonance between law and practice evolve, what perpetuates it for so long, is change possible, is it to be expected?We present an analysis of the legal status of Arabic in Israel and at the same time we proceed to try and answer the questions regarding the gap between the legal and the sociopolitical status of Arabic. We reach some of our answers through a comparison with the use of law to change the status of the French language in Canada. One of these answers is that given the present constellation in Israel, the sociopolitical status of Arabic cannot meaningfully be altered by legal means.

The Reception Process in Austria and Switzerland

2008 ◽  
Author(s):  
Daniela Thurnherr
Keyword(s):  
Human Rights ◽  
Early Stage ◽  
Case Law ◽  
Legal Order ◽  
The Other ◽  
Council Of Europe ◽  
Starting Position ◽  
European Court ◽  
The Status ◽  
The Common

This chapter discusses the reception of the ECHR in Austria and Switzerland. Topics covered include the accession and ratification of the ECHR in both countries, the status of the ECHR in national law, an overview of the activity of the European Court of Human Rights, and the ECtHR's case law and its effects on the national legal order. Although both countries joined the ECHR at a relatively early stage, this starting position led to different outcomes. The main reason is because the common denominators of neutrality and federalism in these two countries are actually rather small: as Austria follows a very different concept of neutrality, it did not face any (political) difficulties before and during the ratification process. Switzerland, on the other hand, was very reluctant to join the Council of Europe and careful to avoid any concessions with regard to neutrality.

scholarly journals The Flip Side of the Comfort Childbirth Coin: Some Legal Aspects

Medicne pravo ◽  
2020 ◽  
Vol 2020 (2) ◽  
pp. 76-83
Author(s):  
K. Y. TERESHKO ◽  
◽  
Keyword(s):  
Social Networks ◽  
Medical Care ◽  
Key Words ◽  
Legal Status ◽  
Case Law ◽  
Legal Aspects ◽  
European Court ◽  
Complex Process ◽  
Mother And Child ◽  
Internet Forums

The birth of a child is a physiologically and psychologically complex process,when two, and sometimes more, lives (mother and child) need special protection.Rarely are women as dependent on the actions of those around them as theyare during childbirth. They are surrounded by people who are responsiblefor their and their child's health and life, they are all professionals and mustunderstand that at this time it is necessary to create the most comfortableand safe conditions for the birth of a new life. However, the jurisprudence isfull of verdicts for improper provision of medical care by obstetricians andgynecologists, and in social networks and Internet forums there are more andmore recommendations about childbirth at home, which look like a lifeline in astormy sea of fears, feelings, suggestions. A regulatory vacuum for home birthshas been determined. The case law of the European Court of Human Rightson the legality of home births under the supervision of medical professionalshas been researched. It has been suggested to introduce obstetric supervisionas a method of childbirth at the legislative level. The procedure for involvingassistants (birth doula) in partner childbirth and their legal status have beenanalyzed. Key words: childbirth, partner childbirth, assistant (birth doula), obstetricsupervision, medical care.

scholarly journals LEGAL INSTITUTION FOR DEMOCRATIC CIVIL CONTROL OVER ACTIVITY OF SECURITY AND DEFENSE SECTOR OF UKRAINE: STATE-OF-THE-ART OF NORMATIVE LEGAL REGULATION

2021 ◽  
pp. 39-44
Author(s):  
V.L. Zolka
Keyword(s):  
Legal Status ◽  
Freedom Of Expression ◽  
Legal Regulation ◽  
The State ◽  
Legal Institution ◽  
Military Organizations ◽  
Military Administration ◽  
The Status ◽  
Control Institution ◽  
Public Monitoring

The article is dedicated to study the status of legal regulation of legal institution “Democratic civil control over activity of security and defense sector of Ukraine” and to substantiate the theoretical recommendation as regards improvement of military and security legislation. It has been proved that uncontrollable military organizations and law enforcing bodies of the state bring potential danger both individuals and society’s humanistic values. They are dangerous because of unbalanced mechanism of the democratic civil control. Disruption of containment mechanism and counterbalance in the power separation system in the state, usurpation of power by one person or group of people can paralyze not only power itself but other institutions of society. Subjects of state segments for democratic civil control turn to be the attendant bodies of political will by one person, the certain cover-up and justification of unlawful violation. Under those conditions the civil monitoring of institutions in the security and defense sector of Ukraine becomes inefficient. Their subjects experience limitations: such as access to information of law-enforcement authorities and military formations; implementation of freedom of expression.   Most of substantial reactions are left unattended by state jurisdiction and military administration. Their legal status also remains imperfect and deprived of real impact gears on the objects under control. It has been proved that in order to ensure efficiency of openness and transparency in activity of Security and Defense Sector it is required to implement the complex of organizational and legal measures such as an active elucidative campaign for the purpose of bringing to essentiality, goal, form and tools of public control over SDS and to consolidate new philosophy where the civil control will take leading place. The certain declaratory of the most mechanisms of civil control institution have been deduced herein. The means to improve situation in this field are proposed to be developed by participation of interested subjects both public administration, members of public monitoring and subsidiary objects of new special law. By its developing the negative and positive experience of civil control has to be taken into consideration. The other way to secure the effective mechanism of democratic civil control over SDS is to specify statutory norms for SDS in the law of Ukraine.  

scholarly journals Legal status of the underage parents in German, Austrian, Swiss, and Russian legislation: comparative analysis

2020 ◽  
pp. 1-14
Author(s):  
Ekaterina Evgenevna Lekanova
Keyword(s):  
Child Custody ◽  
Legal Status ◽  
Legal Norms ◽  
The Status ◽  
German Model ◽  
Legal Model ◽  
The Common ◽  
Special Rules ◽  
Age Of Majority ◽  
Automatic Removal

The subject of this research is the legal norms on the status of underage parents. Custody of a child of underage parents is regulated by special rules in Russia and abroad. The Russian legal model of child custody of underage parents is yet to be established. Unlike the countries of Germanic legal group (Germany, Switzerland, and Austria), the legislation of which features detailed description of the legal status of underage parents, the Russian legislation requires further improvement in this regard. Application of the method of comparative jurisprudence allowed determining the common and distinctive characteristics in the legal status of underage parents in German, Austrian, Swiss, and Russian legislation. The common feature for all aforementioned legislations consists in automatic removal of custody of a child of an underage parent when such parent attains the age of majority. In the author’s opinion, the best model of child custody (with regards to a child of underage parents who have reached the age of 16) is German model: an underage parent with partial civil capacity and a guardian both have rights to participate in parenting of a child, while guardian is the only legal representative of a child of an underage parent (in case if a child has no parents of the age of majority).

scholarly journals LEGAL STATUS OF A FORENSIC EXPERT: TOPICAL REGULATORY ACTIVITY PROBLEMS

2020 ◽  
pp. 82-89
Author(s):  
S. Nesterenko ◽  
O. Stulov
Keyword(s):  
Legal Status ◽  
Criminal Proceedings ◽  
Scientific Publications ◽  
Legal Personality ◽  
Forensic Expertise ◽  
European Court ◽  
The Status ◽  
International Obligations ◽  
Forensic Expert ◽  
The Law

The article deals with the analysis of dissertation thesis and scientific publications in domestic and foreign editions, the concepts of “legal personality”, “legal status of a forensic expert”, “procedural status of a forensic expert”, their general and distinctive features. The authors propose to improve these concepts as well as the legislative consolidation of the status of a forensic expert in the new version of the Law of Ukraine “On Forensic Expertise”. The authors draw attention to the imperfection of regulation of the legal status of a forensic expert in the Law of Ukraine “On Forensic Expertise”, as well as to the unreasonable extension of the powers of a forensic expert by a subordinate normative legal act – the Instructions on the appointment and conduct of forensic examinations and expert studies, approved by order of the Ministry of Justice of Ukraine as of August 10, 1998 No. 53/5 (as amended by the order of the Ministry of Justice of December 26, 2012 No. 1950/5). As a result of the conducted research, the authors come to the conclusion that the issues of the status of a forensic expert need to be updated, as a participant in criminal proceedings, as well as draw attention to the lack of harmonization of domestic legislation in the field of forensic examination and procedural legislation. There is a need to adopt a new version of the Law of Ukraine “On Forensic Expertise”, considering all international obligations of Ukraine and the practice of the European Court of Human Rights.

scholarly journals But names will never hurt me: Extending hate speech legislation to protect gender and sexual minorities in New Zealand

2021 ◽  
Author(s):  
◽  
Vanessa Haggie
Keyword(s):  
New Zealand ◽  
Sexual Minorities ◽  
Minority Groups ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Minority Group ◽  
Constitutional Rights ◽  
Definition Of ◽  
The Right ◽  
The Voice

<p>Hate speech legislation involves a fundamental conflict with the right to freedom of expression. However, it is a conflict that can be justified in a constitutional framework in which free speech is not paramount and can be balanced against other rights and freedoms. This paper discusses the concept of “hate speech” legislation, the conflict between freedom of expression and hate speech censorship, and ways in which these seemingly-incompatible concepts might be harmonised. It considers, drawing on legislation and case law from other jurisdictions, and in light of the Marriage (Definition of Marriage) Amendment Act 2013, the possibility of extending such legislation to protect gender and sexual minorities in New Zealand, and suggests a potential framework for such legislative change. Any provision concerning hate speech must avoid overreaching into the realm of free expression. As a result, ‘hate speech’ should be clearly defined and narrowly focussed in scope, as words or matter which “exposes or tends to expose to hatred or contempt” the minority group at which the protection is aimed. In New Zealand’s constitutional/rights framework, this limitation on freedom of expression can be justified as reasonable and appropriate. While hate speech legislation does create a conflict with freedom of expression, to protect hate speech at the risk of perpetuating harm, discrimination, marginalisation and silencing is not appropriate. It sends the message that the voice of hate speakers is worth more than that of minorities, and undervalues the dignity and social assurance of those minority groups as valued members of society.</p>

scholarly journals Transsexuals and families: Between discrimination and inclusion

Temida ◽  
2013 ◽  
Vol 16 (2) ◽  
pp. 57-73
Author(s):  
Zorica Mrsevic
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Family Relations ◽  
Logical Consequence ◽  
International Treaties ◽  
Marriage And Family ◽  
International Courts ◽  
Open Questions ◽  
European Court ◽  
The Common

The text comprises analysis of family relations of transsexual persons. Its aim is to present the legal solutions of international courts as the way of solving their legal status in family relations. The author presents sentences of the European Court of Human Rights and European Court of Justice as well as the whole range of international treaties, resolutions and other documents of international law, aiming to promote legal importance of the newly gained sex of the transsexuals who passed the genital reassignment process. This is important for the regulation of their marriage and family relations and other rights based on legally recognized status. In general perceptions of transsexuals have changed dramatically while the Serbian public still present some obsolete ?moral? understandings that should be avoided if we want to avoid spending decades in discussions that have already been globally completed. The contemporary approach to transsexuals is based mainly on their unalienable human rights followed by duty of states to prevent violation of their rights as well as discrimination based on their transsexuality. There are still open questions regarding the legal status of transsexuals. The common answer is to enable changes in legal status to follow changes of their sex as logical consequence in completion of the sex reassignment process.

Community Education Counsellors

1981 ◽  
Vol 9 (2) ◽  
pp. 37-52
Author(s):  
R. Clark
Keyword(s):  
Education System ◽  
Legal Status ◽  
Minority Groups ◽  
Community Education ◽  
School Personnel ◽  
Cross Cultural ◽  
Vocational Development ◽  
Educational Advancement ◽  
Specialist Services ◽  
The Status

In every conceivable comparison, the Aborigines and Islanders…stand in stark contrast to the general Australian society, and also to the other ‘ethnic’ groups…They probably have the highest birthrate, the highest death rate, the worst health and housing, and the lowest educational, occupational, economic, social and legal status of any identifiable section of the Australian population.(National Population Inquiry, Vol.11, 1975, p.455)The status of Aborigines described above has been considered to be the result of a cycle of causation whereby poor educational standards lead to low-paying occupations resulting in poor housing, poor health and feelings of helplessness and defeat which lead again to poor educational advancement. More recently it has been recognized that the institutions of the dominant white Australian culture play a very important part in perpetuating this cycle and the education system is no exception (McConnochie, 1973). Thus, if the status of Aborigines is to be improved and the cycle broken, institutional changes must occur.One attempt at bringing about positive change within the education system is the employment of Aboriginal counsellors to work with school personnel, including guidance officers. While guidance officers are in a unique position to positively influence the personal, educational and vocational development of students, the cross-cultural counselling situation poses many problems for guidance officers. These include the tendency for minority groups not to utilize such specialist services, accepting different world views, appropriateness of techniques and tests and establishment of rapport between counsellor and counsellee (Sue, 1977).

scholarly journals The Loser Syndrome – universality of the strategy of defense of discriminated groups

2020 ◽  
pp. 91-108
Author(s):  
Irena Pospiszyl
Keyword(s):  
Social Space ◽  
Minority Groups ◽  
Important Determinant ◽  
Minority Group ◽  
Social Groups ◽  
Equal Treatment ◽  
Dominant Group ◽  
Group Solidarity ◽  
Number Of Factors ◽  
The Status

If one assumes, like Mayer Hacker, that a  social minority is a  group of people who, because of their physical or cultural characteristics, are not treated as equal to other groups in a  given society, then it turns out that many groups meet these criteria. In the prison subculture they are met by „losers,” in the macro-social space – by all minority groups such as national, ethnic, racial minorities, but also women and some religious minorities. It is surprising that although these groups often have comparable numerical, physical, or intellectual strength to that of the mainstream group, they are unable to obtain equal treatment, respect, and all the privileges that this entails. This is probably due to a number of factors, including tradition, cultural capital, resources, and culturally established institutions promoting specific social groups. However, an equally important determinant is the own activity of individuals forming a minority group, and their ability to integrate and consolidate with their own group. Among others, the following contribute to this: lack of intra-group solidarity, orientation towards the dominant group, excessive guilt, contempt for one’s own group etc. The article deals with the barriers inherent in the minority groups themselves, which contribute significantly to the consolidation of their unfavorable status. The size and scale of these barriers contribute to the status that I  call the loser syndrome. It is also important that the factors limiting the expansion of minority groups are similar in most minority groups. They are characterized by a certain universality.

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