scholarly journals Jehovah’s Witnesses and Blood Transfusions: An Analysis of the Legal Protections Afforded to Adults and Children in European/English Human Rights Contexts

2017 ◽  
Vol 24 (4) ◽  
pp. 368-389
Author(s):  
Clayton Ó Néill
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
Case Law ◽  
Blood Transfusions ◽  
Jehovah’S Witnesses ◽  
Related Case ◽  
Jehovah's Witnesses ◽  
European Court ◽  
Adults And Children ◽  
The Will

Abstract This article considers the degree to which the religious beliefs of Jehovah’s Witnesses are given consideration in European and English courts. Adults’ refusal of blood transfusions is examined within the context of European human rights jurisprudence. A focus is also placed on the position of Jehovah’s Witness children who refuse blood transfusions in the specific context of English medical law due to the prevalence of related case law in this jurisdiction. It is argued that the European Court of Human Rights has given appropriate protection to the will-rights of competent adult Jehovah’s Witnesses who refuse blood transfusions. The position of children is somewhat different, and it is suggested that the courts should give greater consideration to the rights of competent children to manifest their religious beliefs.

Biomedical Ethics for Jehovah’s Witnesses and Patient Blood Management

2021 ◽  
Vol 27 (2) ◽  
pp. 49-54
Author(s):  
Sunghwan Cho
Keyword(s):  
Religious Beliefs ◽  
Biomedical Ethics ◽  
Blood Transfusions ◽  
Patient Blood Management ◽  
Blood Management ◽  
Jehovah’S Witnesses ◽  
Jehovah's Witnesses ◽  
Religious People

Jehovah’s Witnesses refuse blood transfusions according to religious beliefs, and for this reason, most hospitals and doctors have refused their treatment. There are more than 100,000 religious people in Korea, but there are few bloodless centers that can receive their treatment. So, the number of Jehovah’s Witnesses patients visiting bloodless centers in Soonchunhyang University Bucheon Hospital has been increasing every year. Despite this situation, no legal or medical countermeasure has yet been proposed against them. Therefore, I would like to take a bioethical approach based on “principles of biomedical ethics” and introduce “patient blood management” which is currently spreading in advanced medical countries.

Limitations on Freedom of Religion and Belief in the Jurisprudence of the European Court of Human Rights in the Quarter Century since Its Judgment in Kokkinakis v. Greece

2017 ◽  
Vol 12 (2-3) ◽  
pp. 174-197
Author(s):  
Mark Hill ◽  
Katherine Barnes
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
Case Law ◽  
Democratic Society ◽  
European Convention ◽  
Freedom Of Religion ◽  
Public Order ◽  
Quarter Century ◽  
European Court ◽  
Margin Of Appreciation

Abstract The manifestation of religious beliefs under Article 9 the European Convention on Human Rights is not absolute but may be subject to prescribed limitations. This article discusses the nature and extent of those limitations, as interpreted in the case law of the European Court of Human Rights from its decision in Kokkinakis v. Greece up to the present. It contrasts the prescriptive text of the Article with its lose and inconsistent interpretation by the Court in Strasbourg. Particular attention is given to the criteria of “prescribed by law”, “necessary in a democratic society”, “public safety”, “public order, health or morals” and “the rights and freedoms of others”. It seeks to divine principles from the varied jurisprudence, particularly at its intersection with the Court’s illusory doctrine of margin of appreciation.

scholarly journals Are inspections conducted by selected administrative bodies compliant with the Constitution of the Slovak Republic and the European Convention on Human Rights?

2018 ◽  
Vol 2 (1) ◽  
pp. 70-79
Author(s):  
Lucia Smolková
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Supreme Court ◽  
Slovak Republic ◽  
Case Law ◽  
European Convention ◽  
Constitutional Court ◽  
Related Case ◽  
European Court

This paper analyses the case law of the Slovak Constitutional Court and the Slovak Supreme Court dealing with inspections conducted by selected Slovak administrative bodies – especially by the administrative bodies in the area of foodstuffs administration – where inspected companies complain that their rights guaranteed by the Slovak Constitution and the European Convention on Human Rights, namely the protection of their business premises, have been violated. The paper thus also deals with and analyses the related case law of the European Court of Human Rights and its (non)-application by the Slovak judicial bodies in their decision-making practice.

scholarly journals The Qualified Right to Freedom of Religion: An examination of the limitations contained in Article 9 of the European Convention on Human Rights

2020 ◽  
Vol 23 ◽  
pp. 73-99
Author(s):  
Mark Hill
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
Case Law ◽  
Democratic Society ◽  
European Convention ◽  
Freedom Of Religion ◽  
Public Order ◽  
Article 9 ◽  
European Court ◽  
Margin Of Appreciation

The manifestation of religious beliefs under Article 9 of the European Convention on Human Rights is not absolute but may be subject to prescribed limitations. This article discusses the nature and extent of those limitations, as interpreted in the case law of the European Court of Human Rights from its decision in Kokkinakis v. Greece up to the present. It contrasts the prescriptive text of the Article with its loose and inconsistent interpretation by the Court in Strasbourg. Particular attention is given to the criteria of ‘prescribed by law’, ‘necessary in a democratic society’, ‘public safety’, ‘public order, health or morals’ and ‘the rights and freedoms of others’. This article seeks to extract clear principles from the contradictory and confusing jurisprudence, particularly at its intersection with the Court’s illusory doctrine of margin of appreciation.

scholarly journals Jehovah’s Witnesses as Extremists: The Russian State, Religious Pluralism, and Human Rights

2019 ◽  
Vol 46 (2) ◽  
pp. 128-157
Author(s):  
Zoe Knox
Keyword(s):  
Human Rights ◽  
Religious Pluralism ◽  
Minority Group ◽  
Test Case ◽  
Traditional Values ◽  
Religious Minority ◽  
Jehovah’S Witnesses ◽  
Jehovah's Witnesses ◽  
European Court ◽  
Human Rights Norms

This article examines the Russian Supreme Court’s 2017 decision to ban Jehovah’s Witnesses as “extremists.” The decision will bring Russia’s anti-extremism law before the Council of Europe via the European Court of Human Rights. The article considers why this particular religious minority group became a test case by examining the unique beliefs and practices of Witnesses and their history of episodic conflict with the state. It also highlights the role of the Orthodox Church in shaping attitudes, popular and political, toward religious pluralism in Russia. In the Putin era, an increasingly illiberal rhetoric about totalitarian cults and traditional values connected nontraditional faiths to national security threats, a link made clear in the Putin regime’s promotion of spiritual security. Overall, the article argues that the 2017 ban signals the repudiation of European human rights norms by Russian governmental authorities, lawmakers, and religious elites.

Human Rights and Positive Obligations to Healthcare

2019 ◽  
Author(s):  
Maria-Artemis Kolliniati
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Social Aspects ◽  
Middle Ground ◽  
Philosophy Of Law ◽  
Related Case ◽  
European Court ◽  
The Social ◽  
Health Related

This book is aimed at academics whose research relates to the European Convention on Human Rights and those who are interested in the philosophy of law. It is also aimed at judges and lawyers who deal with the ECHR, and with European Court of Human Rights health-related case law in particular. Furthermore, it can be used by students who wish to deepen their knowledge of the philosophical issues relating to human rights and the ECHR. The main objectives of this book are threefold. First, it proposes that Joseph Raz’s notion of the ‘double dimension of human rights’ offers a middle-ground approach to human rights that judges can use to scrutinise the social aspects of those rights. Secondly, it proposes that Joseph Raz’s philosophy of law must be read as a theory on the ‘double dimension of human rights’, rather than as an interest theory on such rights. Thirdly, this book does not just focus on the theory of human rights; it also analyses how human rights are applied and read in practice, focusing on the ECHR and ECtHR case law.

scholarly journals Analysis and Evolution of European Case Law on Conscientious Objections in Healthcare: Grimmark v. Sweden and Steen v. Sweden

2021 ◽  
Vol 15 (3) ◽  
pp. 256-274
Author(s):  
Jorge Salinas Mengual
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
Case Law ◽  
Conscientious Objection ◽  
Human Right ◽  
The People ◽  
European Court ◽  
Margin Of Appreciation

Abstract Conscientious objection is a fundamental right recognized in various national and international texts and is generally linked to the religious beliefs of the people who invoke it. In this article, an analysis is made of the content of this fundamental right at the level of comparative and European human right law, as well as a study of how it has evolved over the years in the judgments issued by the European Court of Human Rights. An analysis of the decisions in Grimmark v. Sweden and Steen v. Sweden particularly, allow us to establish a change of trend in the European jurisprudence that shifts from more Europeanist positions to other more national ones, based on the notion of the margin of appreciation.

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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