scholarly journals A Children’s Rights Perspective to Ruiz Zambrano and Chavez-Vilchez: An Examination in Light of Theory, Practice and Child Development Research

2021 ◽  
Vol 23 (1) ◽  
pp. 68-101
Author(s):  
Ellen Nissen
Keyword(s):  
Children's Rights ◽  
Fundamental Rights ◽  
Children’S Rights ◽  
Immigration Law ◽  
Parental Rights ◽  
Development Research ◽  
The Right ◽  
Paradigm Shifting ◽  
The Eu

Abstract This contribution demonstrates that the CJEU cases Ruiz Zambrano and Chavez-Vilchez are particularly significant from a children’s rights perspective. The article connects these two judgments and their implementation in the national Dutch context, with three commonplace themes from children’s rights literature; (1) the child as an equal bearer of rights, (2) the child as a distinct bearer of rights, and (3) the important role of developmental research. This perspective shows that the approach adopted by the CJEU with regard to the EU citizen child is paradigm shifting, as it breaks with dominant approaches in fundamental rights law and immigration law which historically place parental rights front and centre. The contribution demonstrates that the importance of this shift cannot be underestimated, because it provides the contested notions of children’s rights and the Convention on the Right of the Child (CRC) with both legitimacy and meaning.

Rights and Security in the Shadow of the Irish Prison

2018 ◽  
Author(s):  
Fiona Donson ◽  
Aisling Parkes
Keyword(s):  
Criminal Justice ◽  
Children's Rights ◽  
Parental Incarceration ◽  
Fundamental Rights ◽  
Children’S Rights ◽  
Policy Makers ◽  
Instrumental Approach ◽  
Rights And Interests

This chapter explores the potential for adopting a children’s rights-based approach when dealing with issues relating to children impacted by parental incarceration in Ireland. It argues that the adoption of such an approach allows for the development of policies and services that are rooted in respect for justice and dignity. The extent to which children’s rights are understood by staff within the Irish Prison Service (IPS) is also explored, as well as the possibility of a more instrumental approach to family visits. The purpose is therefore to highlight the need for criminal justice agencies and policy makers to directly acknowledge the rights of children with a parent in prison and, in turn, for them to develop policies that uphold those fundamental rights independent of the rights and interests of their parents. In this way, the chapter explores the role of rights in relation to prisoners’ families.

COMMUNICATION ROLE OF RIGHTS AND LEGAL STATUS

2019 ◽  
pp. 233
Author(s):  
Inta Siliniece
Keyword(s):  
Legal Status ◽  
Children's Rights ◽  
The Other ◽  
Children’S Rights ◽  
Civil Justice ◽  
Active Lifestyle ◽  
Rights Of The Child ◽  
The Right

One of today's most important issues in the field of international civil justice is the provision of family and children's rights. These are the right of the child to be in contact with both parents and the right of parents to take part in the upbringing of children. This is especially important if parents live separately or even in different countries. The global processes of globalization and the active lifestyle of people moving from one country to another determine the topicality of the issue. Increasingly, children are illegally moved from one country to another, thus limiting both the rights of the child with the other parent and the right of the other parent in the upbringing of the child.

scholarly journals The Contributions Of CJEU In The Name Of The Principle Of Balancing – A Test Of The Role Of The Court?

2015 ◽  
Vol 21 (2) ◽  
pp. 472-478
Author(s):  
Gina Orga-Dumitriu
Keyword(s):  
Freedom Of Expression ◽  
Personal Data ◽  
Private Life ◽  
Fundamental Rights ◽  
Eu Law ◽  
Effective Protection ◽  
Fundamental Freedoms ◽  
The Right ◽  
The Eu

Abstract From the traditional functions of the general principles of the EU law – of interpretation, completion of the gaps and legality control, the principle of balancing seems to meet the most the exigencies of the first of these. The limits of the role of CJEU are certainly put to the test when it is called to settle conflicts between fundamental rights/fundamental freedoms. The trends formulated in Schmidberger (on the conflict between the free circulation of the commodities and the freedom of expression) or Promusicae (on the conflict between the right to the effective protection of the intellectual property and the right to the respect of the private life and the protection of the personal data) are more than illustrative. The doctrine assessments of the action of this principle reflect three fields in which the applicability thereof tends to reserve to the Court a role that is susceptible of creating controversies on its traditional extension. According to the authorized voice of Professor Norbert Reich, the balancing in the jurisprudence on the abusive clauses, the balancing for the avoidance of excessive protection and the balancing in social conflicts (making visible an aggravation of the conflict between fundamental rights and fundamental freedoms) are concerned.

The (Possible) Role of the Right to Social Security in the EU Economic Monitoring Process

2016 ◽  
Vol 17 (3) ◽  
pp. 277-314
Author(s):  
E. De Becker
Keyword(s):  
Social Security ◽  
Financial Aid ◽  
Fundamental Rights ◽  
Social Rights ◽  
Social Security Systems ◽  
Security Systems ◽  
Monitoring Process ◽  
The Right ◽  
The Eu

The outbreak of the financial and economic crisis in 2008 had a severe impact on the member states of the European Union. Countries like Greece had to ask the Troika (the European Commission, the European Central Bank and the International Monetary Fund) for financial aid. In return, they were obliged to reduce public spending and, as a result, national social security systems were drastically reformed. Furthermore, the EU has exercised its competences to supervise national budgets more extensively, even for countries not applying for financial aid through the Country Specific Recommendations under the European Semester. Like the decisions providing financial support, these recommendations also touch upon member states' social security systems. Moreover, the actions of the EU seem to generate a tension between the social rights provisions in (inter)national human rights instruments and the EU economic monitoring process, hence creating a possible deficit at the level of the EU. The five collective complaints against Greece under the framework of the European Social Charter (Council of Europe) illustrate this tension. This Article investigates this tension further and provides insights in possible ways to close the gap between (inter)national social rights provisions and the EU economic monitoring process by looking at the right to social security in the EU legal order. In doing so, this Article scrutinizes the judicial safeguards available at EU level, namely the right to social security in the Charter of Fundamental Rights (CFEU) and the role of general principles of Union's law for the protection of fundamental rights. It will become clear that a lot of uncertainty still remains regarding the content and scope of the right to social security in the CFEU, as well as the enforceability of this provision in the EU economic monitoring process.

An independent voice for children's rights in Europe? The role of independent children's rights institutions in the EU

2011 ◽  
Vol 19 (3) ◽  
pp. 429-449 ◽  
Author(s):  
Nigel A Thomas ◽  
Karl C Hanson ◽  
Brian B Gran
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
Future Research ◽  
Annual Conference ◽  
The European Union ◽  
Council Of Europe ◽  
Rights Of The Child ◽  
Distinctive Role ◽  
The Eu

AbstractThis article attempts to understand the distinctive role of independent human rights institutions for children (IHRICs) in Europe, in the context of the proposed EU strategy on the rights of the child. It begins by explaining the distinctive characteristics of IHRICs, their presence, location and organisation in Europe, and the role of the European Network of Ombudspersons for Children (ENOC). It goes on to examine their developing relationships, individually and collectively, with European institutions (in particular the institutions of the European Union, but also with reference to the Council of Europe). The article draws on observations of the annual conference of ENOC in 2010, and on interviews with members of ENOC. The article follows this with a discussion of how IHRICs may be understood as operating at the interface of regional, national, European and global mechanisms, and concludes with a review of current issues and some questions for future research.

Are We There Yet?: the Impact of the Lisbon Treaty on the EU Children's Rights Agenda

2011 ◽  
Vol 19 (3) ◽  
pp. 381-403 ◽  
Author(s):  
Helen Stalford ◽  
Mieke Schuurman
Keyword(s):  
Implementation Process ◽  
Children's Rights ◽  
Fundamental Rights ◽  
Lisbon Treaty ◽  
Children’S Rights ◽  
Diverse Range ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
Research Initiatives ◽  
The Impact

AbstractThe EU's Lisbon Treaty presents the most important opportunity for the development of children's rights since the EU's existence. This article sets out the broader constitutional changes made that are of relevance to children and the implications of changes to the legislative procedure, including a discussion on whether the new Citizens' Initiative might be exploited as a lobbying tool for specific children's rights issues and its relation to the right of children to participate. The impact of the EU's enhanced fundamental rights agenda on children's rights is assessed, including the Charter of Fundamental Rights, the General Principles of EU Law and the ECHR. In addition, the Lisbon Treaty presents new opportunities for integrating children's rights into all stages of the decision-making and implementation process. It also provides sharper tools to develop adequate non-legislative responses to the diverse range of needs that children have, such as policy, budgetary and research initiatives.

Revisiting the Role of the EU Judiciary as the Stronghold for the Protection of Human Rights while Countering Terrorism

Global Jurist ◽  
2018 ◽  
Vol 18 (2) ◽  
Author(s):  
Alice Riccardi
Keyword(s):  
Due Process ◽  
Fair Trial ◽  
Fundamental Rights ◽  
The European Union ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
Due Process Rights ◽  
The Eu

Abstract This article revisits the response of the European Union (EU) to the challenges posed by anti-terrorist smart sanctions regimes to fundamental rights, vis-à-vis recent legal developments. Following the Kadi saga, many authors defined the EU judicature as the bastion of the rule of law against executive powers. From the perspective of the Council of the EU, instead, Kadi caused a tremor. The EU courts did not only declare that anti-terrorist sanctions could be reviewed: they also affirmed that such review is in principle full, thus extended to all information substantiating sanctions, irrespective of whether covered by secrecy. In this respect, the European Court of Justice established that it is a task of the judiciary to accommodate security considerations militating against the disclosure of intelligence in court and the right to a fair trial. However, through legal instruments adopted in late 2016, the EU seems to be backing off from these settled principles. To test such assumption, the article proceeds in three steps. Firstly, it outlines the contours of the UN Security Council anti-terrorist sanctions regime, pinpointing the characteristics that make such regime problematic with respect to fair trial rights. Secondly, it surveys the development of EU courts’ case-law on secret evidence. Thirdly, it investigates whether the new legal instruments adopted by EU institutions adhere to the principles enshrined in said EU courts’ decisions, or rather represent a departure from consolidated due process rights.

Citizenship and Rights of Children

2020 ◽  
pp. 221-236
Author(s):  
David B. Thronson
Keyword(s):  
Human Rights ◽  
Daily Life ◽  
Critical Role ◽  
Forced Migration ◽  
Children's Rights ◽  
Children’S Rights ◽  
Central Factor ◽  
Family Unity

Citizenship plays a larger and more critical role in the life of children than it should. Children who lack citizenship are incredibly vulnerable to exploitation. In the migration context, a child’s citizenship can be largely determinative of where and with whom a child lives. Despite a modern children’s rights framework that recognizes the humanity and autonomy of children, citizenship and nationality still form an integral part of a child’s identity and play a critical role in a child’s development. It has a pervasive impact in securing other rights for children and can be a central factor in a child’s cultural and linguistic background, education, economic and environment exposures, and virtually all aspects of a child’s daily life. This chapter examines children’s right to citizenship and explores the ongoing crisis of statelessness that undermines these rights. It reviews the role that citizenship plays in both voluntary and forced migration of children, child-specific protections found in both universal and regional human rights frameworks, and the role of children’s citizenship in promoting family unity.

scholarly journals The European Committee of the Regions as a watchdog of the principle of subsidiarity

2020 ◽  
Vol 27 (3) ◽  
pp. 284-301
Author(s):  
Salvatore Fabio Nicolosi ◽  
Lisette Mustert
Keyword(s):  
European Commission ◽  
Legislative Process ◽  
European Committee ◽  
Legislative Proposal ◽  
The Right ◽  
Committee Of The Regions ◽  
Regional Funds ◽  
Shed Light ◽  
The Eu

In a resolution adopted on 1 February 2018, the European Committee of the Regions noted that a legislative proposal of the European Commission concerning a Regulation that changes the rules governing the EU regional funds for 2014-2020 did not comply with the principle of subsidiarity. Accordingly, the Committee considered challenging the legislative proposal before the Court of Justice if the proposal was formally agreed upon. Although at a later stage the European Commission decided to take into account the Committee’s argument and amended the proposal accordingly, such a context offers the chance to investigate more in detail the role of the Committee of the Regions in the legislative process of the EU and, more in particular, its role as a watchdog of the principle of subsidiarity. This paper aims to shed light on a rather neglected aspect of the EU constitutional practice, such as the potential of the Committee of the Regions to contribute to the legislative process, and answer the question of whether this Committee is the right body to guarantee compliance with the principle of subsidiarity.

El derecho a ser informado como elemento esencial del derecho a la protección de datos. Una visión crítica de la jurisprudencia del Tribunal Constitucional y de su cambio de doctrina en la STC 39/2016

2016 ◽  
pp. 191-216
Author(s):  
Miguel Ángel CABELLOS ESPIÉRREZ
Keyword(s):  
Video Surveillance ◽  
Data Protection ◽  
Case Law ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Surveillance Systems ◽  
Control Technology ◽  
Specific Regulation ◽  
The Right

LABURPENA: Lan eremuan bideozaintzaren erabilerak ondorio garrantzitsuak dakartza funtsezko eskubideei dagokienez, esate baterako intimitateari eta datu pertsonalen babesari dagokienez. Hala eta guztiz ere, oraindik ez daukagu araudi zehatz eta espezifikorik kontrol-teknika hori lan eremuan erabiltzeari buruz. Horrek behartuta, errealitate horri araudi-esparru anitz eta generikoa aplikatzeko modua auzitegiek zehaztu behar dute, kontuan hartuta, gainera, Espainiako Konstituzioaren 18.4 artikulua alde horretatik lausoa dela. Konstituzio Auzitegiak, datuen babeserako funtsezko eskubidea aztertzean, datuen titularraren adostasuna eta titular horri eman beharreko informazioa eskubide horretan berebizikoak zirela ezarri zuen; hortik ondorioztatzen da titularraren adostasuna eta hari emandako informazioa mugatuz gero behar bezala justifikatu beharko dela. Hala ere, Konstituzio Auzitegiak, duela gutxiko jurisprudentzian, bere doktrina aldatu du. Aldaketa horrek, lan eremuan, argi eta garbi langileak informazioa jasotzeko duen eskubidea debaluatzea dakar, bere datuetatik zein lortzen ari diren jakiteari dagokionez. RESUMEN: La utilización de la videovigilancia en el ámbito laboral posee importantes implicaciones en relación con derechos fundamentales como los relativos a la intimidad y a la protección de datos personales. Pese a ello, carecemos aún de una normativa detallada y específica en relación con el uso de dicha técnica de control en el ámbito laboral, lo que obliga a que sean los tribunales los que vayan concretando la aplicación de un marco normativo plural y genérico a esa realidad, dada además la vaguedad del art. 18.4 CE. El TC, al analizar el derecho fundamental a la protección de datos, había establecido el carácter central en él del consentimiento del titular de los datos y de la información que debe dársele a éste, de donde se sigue que cualquier limitación del papel de ambos deberá estar debidamente justificada. Sin embargo, en su más reciente jurisprudencia el TC ha realizado un cambio de doctrina que supone, en el ámbito laboral, una clara devaluación del derecho a la información por parte del trabajador en relación con qué datos suyos se están obteniendo. ABSTRACT : T he use of video surveillance systems within the work sphere has major implications for fundamental rights such as privacy and data protection. Nonetheless, we still lack of a detailed and specific regulation regarding the use of that control technology within the work sphere, which obliges courts to define the application of a plural and generic normative framework to that issue, given the vagueness of art. 18.4 of the Constitution. The Constitutional Court, when analyzing the fundamental right to data protection, had settled the centralityof the consent of the data rightholder and of the information to be provided to the latter, and from this it followed that any restriction on the role of both rights should be duly justified. However, in its most recent case law the Constitutional Court has changed its doctrine which means, within the work sphere, a clear devaluation of the right of information by the employee regarding the obtained data of him/her.

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