Threats of Terrorism and the European Court of Human Rights

2008 ◽  
Vol 10 (1) ◽  
pp. 1-10
Author(s):  
Jan Sikuta
Keyword(s):  
Human Rights ◽  
Case Law ◽  
First Case ◽  
European Court ◽  
Relevant Case

AbstractThis contribution is aiming to provide a reader with a brief overview of selected relevant case-law of the European Court of Human Rights in Strasbourg ("the Court"), somehow relating to the acts of terrorism. It shows the evolution of the Courts case-law from the very first case of Lawless v. Ireland, lodged to the Court in 1959, through the case of Osman v. UK, involving the positive obligation of a State to protect the life of its citizens and case of Ocalan v. Turkey, up to the case of Cetin and Others v. Turkey, dealing with terrorism and media (Article 10 of the Convention).The aim of this contribution is also to give a very brief views on the issue of terrorism from the aspects of different provisions of the Convention, starting with the Article 1 of the Convention and ending with Article 10 of the Convention, in order to provide participants of the Conference with short, but rather "plastic" picture of the Courts' case-law related to the mentioned issue.

Extradition of a Person: The National Law of Ukraine and the Case Law of the European Court of Human Rights

2021 ◽  
Vol 39 (9) ◽  
Author(s):  
Tatiana H. Fomina ◽  
Volodymyr I. Galagan ◽  
Zhаnnа V. Udovenko ◽  
Serhii Ye. Ablamskyi ◽  
Yana Yu. Koniushenko
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Case Law ◽  
Criminal Offense ◽  
National Legislation ◽  
Procedure Code ◽  
European Court ◽  
Relevant Case ◽  
The Right

This article aims at establishing and emulating the relevant issues surrounding the detention of person presumed of committing a criminal offense outside the territory of Ukraine in respect with the provisions adumbrated by the European Court of Human Rights. The study was conducted through the prism of national legislation and the relevant case law of the European Court of Human Rights. The issues of realization of the detainee's rights, including the right to protection, were considered separately. According to the results of the study, certain ways to improve the provisions of the Criminal Procedure Code of Ukraine have been formulated.

Trafficking and Slavery

2015 ◽  
Vol 4 (1) ◽  
pp. 33-52 ◽  
Author(s):  
Tenia Kyriazi
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Regulatory Framework ◽  
Human Beings ◽  
European Court ◽  
Relevant Case ◽  
Trafficking In Human Beings

Although the legal notion of slavery has been defined in article 1 of the 1926 Slavery Convention, it is currently being widely used to encompass various practices of abuse, oppression and exploitation. Trafficking in human beings is one such practice, extensively being referred to as a contemporary form of slavery. This article attempts to establish the legal criteria on the basis of which trafficking in human beings can constitute slavery and to define states’ obligations deriving from it, in the light of the recent relevant case-law of the European Court of Human Rights, and to highlight its impact to the current European anti-trafficking regulatory framework.

Right to a Fair Trial

2021 ◽  
Author(s):  
Satu Heikkilä
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
General Interest ◽  
Reference Book ◽  
Practical Guide ◽  
European Court ◽  
Relevant Case ◽  
Source Of Information

Every year, the European Court of Human Rights delivers a large number of judgments, adding to its already extensive case-law. This makes it difficult for people outside the Court to know which cases are the most relevant and break new ground for fair trial issues. This book seeks to respond to that need by focusing on the most important cases and aims to make the content of Article 6 accessible in order to best serve readers' every-day practical legal needs The cases are selected following the Court's Jurisconsult's opinion of their jurisprudential interest. In addition, the book includes a number of other cases that raise issues of general interest, establish new principles, or develop or clarify the Court's existing case-law. The case summaries draw the readers' attention to the essential points, allowing them to focus on the jurisprudential significance of a particular case. A clear structure utilising detailed heading helps the reader to quickly find the relevant case-law. <br><br><i>Right to a Fair Trial: A Practical Guide to the Article 6 Case-Law of the European Court of Human Rights</i> is a comprehensive, easy-to-use and up-to-date reference book which provides a useful source of information for the practitioners, theorists and students in the field of human rights.

‘Unionisation’ of the European Court of Human Rights’ ne bis in idem jurisprudence: the Case of Mihalache v Romania

2019 ◽  
Vol 11 (2) ◽  
pp. 227-239
Author(s):  
Cedric Serneels
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Ne Bis In Idem ◽  
Relevant Case

This article analyses the decision of the European Court of Human Rights (ECtHR) in the case of Mihalache v Romania. In the judgment, the Court, dealing with the application of the ne bis in idem principle, further elaborates on the different components of the concept ‘final acquittal or conviction’ under Article 4 of Protocol No 7 to the European Convention on Human Rights. The author studies this aspect of the ruling through the lens of judicial dialogue and examines in particular the influence of relevant case law of the Court of Justice of the European Union on the ECtHR’s reasoning.

Religious Associations as a National Security Threat: The Russian View in Light of European Standards

2017 ◽  
Vol 42 (2-3) ◽  
pp. 101-133
Author(s):  
Olga Kudriashova
Keyword(s):  
Human Rights ◽  
National Security ◽  
Case Law ◽  
European Convention ◽  
Security Threat ◽  
Traditional Religions ◽  
European Court ◽  
Relevant Case ◽  
Religious Associations ◽  
European Standards

This article focuses on the Russian practice of suppressing non-traditional religious associations under the guise of protecting national security. Russian legislation and case law are discussed in light of European standards concerning limitations of human rights, including the principles of legal certainty and proportionality. The author concludes that despite the declaration of the principle of ideological diversity and religious freedom in the Constitution of the Russian Federation (hereinafter, “the rf Constitution”), Russian lawmakers and the judiciary are wary of non-traditional religions, regarding them as a national security threat. This tendency is demonstrated by an analysis of registration requirements, as well as the country’s anti-extremism law and the relevant case law. The author examines the following problems of Russian regulation: the vagueness of the law on which the limitations are based and the weak argumentation of judicial decisions by which limitations are imposed. The author concludes that Russian legislation and the relevant case law strongly deviate from the standards set in the European Convention for the Protection of Human Rights and Fundamental Freedoms (echr) and in the jurisprudence of the European Court of Human Rights (ECtHR). Meanwhile, according to the rf Constitution, the echr is part of the Russian legal system and prevails over Russian laws. The author’s aim is to outline the space provided in Russian law for the abuse of non-traditional religions by Russian authorities.

Sterilization of Women

2015 ◽  
pp. 131-150
Author(s):  
Christina M. Akrivopoulou ◽  
Maria N. Asproudi
Keyword(s):  
Human Rights ◽  
Informed Consent ◽  
United Nations ◽  
Ethical Dilemmas ◽  
Case Law ◽  
Mental Disabilities ◽  
The Poor ◽  
European Court ◽  
The World ◽  
Relevant Case

This chapter explores the international practices and policies regarding women sterilization and the legal and ethical dilemmas they pose. As is analyzed, women, in many places of the world, frequently rely on access to sterilization procedures in order to control their fertility at will. However, this is not always the case. Often, women are forced to undergo permanent and irreversible sterilization, without being aware of it or without their informed consent. As is illustrated in this chapter, despite the condemnation of such practices by the United Nations (UN), cases of coerced sterilization are recorded all around the globe, especially targeting women with mental disabilities, the poor or socially stigmatized, and those perceived as “unworthy” of reproduction. This chapter underlines the grave violations of human rights caused by involuntary sterilization and the relevant case law of the European Court of Human Rights regarding the protection of women in danger.

Sources and Content of the Pan-European General Principles of Good Administration

2020 ◽  
pp. 19-54
Author(s):  
Ulrich Stelkens ◽  
Agnė Andrijauskaitė
Keyword(s):  
Human Rights ◽  
Data Protection ◽  
Case Law ◽  
Administrative Law ◽  
European Convention ◽  
Soft Law ◽  
Council Of Europe ◽  
European Court ◽  
Relevant Case

This chapter examines the sources of the pan-European principles of good administration developed by the Council of Europe (CoE). It maps the degree of concretization these principles have reached, and how far they have spread concerning the classical and modern topics of administrative law. It scrutinizes the Statute of the CoE, the European Convention on Human Rights, and the (relevant) case law of the European Court of Human Rights, other CoE conventions (such as the CoE Convention on Data Protection, the Convention on Access to Official Documents, and the European Charter of Local Self Government), and the recommendations and other soft law on good administration of the Committee of Ministers and other institutions of the CoE. The chapter concludes that the principles deriving from these sources should not be considered as a loose bundle of various rules in administrative matters but instead form a ‘coherent whole’.

scholarly journals Die Medienöffentlichkeit der Rechtsprechung und ihre Grenzen

2021 ◽  
Author(s):  
Jannika Jahn
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Case Law ◽  
Constitutional Theory ◽  
European Court ◽  
Relevant Case ◽  
Regulatory Approach ◽  
Judicial Proceedings ◽  
The Media ◽  
Communicative Approach

The study analyses how the opposing legal interests can be balanced in the reporting on judicial proceedings and case law as well as in the opinions expressed by judges in the media, and to what extent a communicative approach to judicial public relations can complement the balance achieved within the framework of the regulatory approach. In doing so, constitutional theory and, for a better understanding of the potential effects on the media, above all communication science findings will be used. The relevant case law of the European Court of Human Rights is taken into account as well as current legal developments in England and France.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

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