scholarly journals ‘Strasbourg was something new, it was an adventure’

2018 ◽  
Vol 86 (3-4) ◽  
pp. 482-547
Author(s):  
Laurens Lavrysen
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Legal System ◽  
European Convention ◽  
Historical Perspectives ◽  
History Of ◽  
Insight Into ◽  
Gaining Insight

SummaryIn recent years, a burgeoning literature has focused on the history of human rights in general and the history of the European Convention on Human Rights (ECHR) in particular. In order to understand how the ECHR gradually managed to gain authority in diverse national settings, it is necessary to complement transnational historical perspectives with studies of national reception histories. The present article approaches the history of the ECHR in Belgium by focusing on the history of the Belgian cases in Strasbourg, which have played an important role in contributing to the ‘discovery’ of the ECHR in the Belgian legal system. On the basis of interviews with actors involved in the early cases against Belgium, it was possible to determine their position in the Belgian legal landscape as well as their motivations and aspirations in going to Strasbourg. Moreover, these interviews allowed gaining insight into the circumstances out of which litigation against Belgium arose.

scholarly journals The bastard verdict and its influence on jurors

2018 ◽  
Vol 59 (1) ◽  
pp. 26-35
Author(s):  
Lee J. Curley ◽  
Rory MacLean ◽  
Jennifer Murray ◽  
Phyllis Laybourn ◽  
David Brown
Keyword(s):  
Human Rights ◽  
Rational Choice ◽  
Legal System ◽  
Choice Models ◽  
The Other ◽  
European Convention ◽  
Guilty Verdict ◽  
Anglo American

The Scottish legal system is a unique jurisdiction, as jurors are able to give not proven verdicts in addition to the well-known Anglo-American verdicts (guilty and not guilty). The not proven verdict has never been legally defined, meaning that currently legal practitioners can only estimate why a not proven verdict has been given. The main aim of this study was to investigate if jurors violate the regularity principle, which is commonly incorporated in many rational choice models, by testing if the introduction of the not proven verdict has an impact on the outcomes given by jurors. In addition, this study aimed to test if the introduction of the not proven verdict has an impact upon how the not guilty verdict is perceived by jurors. In this study, 128 participants listened to two vignettes centred on homicide trials. Jurors could give one of two verdicts in one of the vignettes and one of three verdicts in the other vignette. The vignettes were counterbalanced in regard to how many verdicts could be given at the end of them. It was found that jurors in a three-verdict system were less likely to give a not guilty verdict in comparison to jurors in a two-verdict system, showing that jurors violate the regularity principle and that the not proven verdict may change how the not guilty verdict is perceived. The findings of this research have implications in relation to juror communication, article 6 of the European Convention of Human Rights and juror rationality.

PROCLUS ON PLATO'S TIMAEUS 89e3–90c7

2013 ◽  
Vol 23 (1) ◽  
pp. 1-45 ◽  
Author(s):  
Rüdiger Arnzen
Keyword(s):  
Present Article ◽  
English Translation ◽  
Critical Edition ◽  
Arabic Translation ◽  
Manuscript Transmission ◽  
History Of ◽  
Insight Into

AbstractAlthough the existence of an Arabic translation of a section of Proclus' commentary on Plato's Timaeus lost in the Greek has been known since long, this text has not yet enjoyed a modern edition. The present article aims to consummate this desideratum by offering a critical edition of the Arabic fragment accompanied by an annotated English translation. The attached study of the contents and structure of the extant fragment shows that it displays all typical formal elements of Proclus' commentaries, whereas its conciseness and shortcomings raise certain doubts about its completeness. As a parergon, the article includes an analysis of a hitherto neglected letter by Ḥunayn ibn Isḥāq, which is attached to the fragment in the manuscript transmission. In addition to providing some insight into the origins of the Proclian fragment, this letter sheds some light on the Syriac and Arabic reception of some works by Hippocrates and Galen, especially Hippocrates' On Regimen in Acute Diseases and the history of its Arabic translation.

scholarly journals From Interlaken to Copenhagen: What Has Become of the Proposals Aiming to Reform the Functioning of the European Court of Human Rights?

2020 ◽  
Vol 20 (1) ◽  
pp. 121-151 ◽  
Author(s):  
Lize R Glas
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Profound Change ◽  
European Court ◽  
The Future ◽  
Insight Into

Abstract The States Parties to the European Convention on Human Rights have adopted five declarations on the future of the European Court of Human Rights since 2010. These declarations identified problems surrounding the Convention system and proposed reform measures. This article examines what has become of the proposals aiming to reform the Court’s functioning, which will lead to insight into the problems surrounding the system, the type of solutions proposed and whether the declarations have led to change. The article also discusses the background to the conferences and characterises the focus of each declaration. The conclusion is that most proposals have not been implemented, mainly due to principled or practical opposition of the Court, and that the implemented proposals have not led to profound change. The influence of the declarations should not be overstated therefore, although they can be of political significance by offering support to or criticising the Court.

scholarly journals “Verticalised” cases before the European Court of Human Rights unravelled: An analysis of their characteristics and the Court’s approach to them

2020 ◽  
Vol 38 (4) ◽  
pp. 246-263
Author(s):  
Claire Loven
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Main Topic ◽  
European Convention ◽  
Private Actor ◽  
European Court ◽  
Domestic Courts ◽  
Different Types ◽  
Private Actors ◽  
Domestic Level

Based on Article 34 European Convention on Human Rights, individual applications must be directed against one of the Convention States. Originally ‘horizontal’ cases therefore must be ‘verticalised’ in order to be admissible. This means that a private actor who had first brought a procedure against another private actor before the domestic courts, must complain about State (in)action in his application to the European Court of Human Rights. Recently, some scholars and judges have raised procedural issues that may arise in these cases, but generally, these ‘verticalised’ cases have remained underexplored. To unravel verticalised cases before the ECtHR and to better understand procedural issues that may arise from them, this article provides a deeper understanding of the origins of verticalised cases and the Court’s approach to them. It is explained that verticalised cases before the ECtHR can be very different in nature. These differences are rooted in the different types of horizontal conflicts that may arise on the domestic level, the different relations between private actors they may concern, and the different Convention rights that may be at stake. The wide variety of verticalized cases is also reflected in the Court’s approach to them, as is the second main topic that the present article explores.

School for Statesmen?

1953 ◽  
Vol 5 (2) ◽  
pp. 242-262
Author(s):  
William W. Kaufmann
Keyword(s):  
International Relations ◽  
International Politics ◽  
Diplomatic History ◽  
Effective Training ◽  
The Future ◽  
Long Time ◽  
History Of ◽  
Insight Into ◽  
Gaining Insight

The history of international relations has lent itself to many uses. Its narrators have employed the tangled web of intention, maneuver, alliance, and war to vindicate or besmirch men's reputations, prove the guilt or innocence of nations in conflict, enrich traditions, furnish precepts for the present, and provide guides to the future. Their activity has gone on for a very long time and the product of their research has grown enormous. Presumably such a vast and varied output reflects a number of needs and interests. But is its perusal a useful way of gaining insight into the varied problems of international politics? More, as diplomatic history customarily is written, does it constitute an effective training ground for statesmen?

The European Convention on Human Rights – An Aladdin's Lamp? (Staple Inn Reading 2004)

2004 ◽  
Vol 10 (5) ◽  
pp. 1071-1078
Author(s):  
Jonathan Caplan
Keyword(s):  
Human Rights ◽  
Legal System ◽  
European Convention ◽  
Human Rights Act ◽  
Human Rights Act 1998

ABSTRACTThe lecture describes the European Convention on Human Rights, how it differed from the legal system in England until the enactment of the Human Rights Act 1998, and what has happened since then, giving many examples.

scholarly journals The Contribution of the European Court of Human Rights to the Accommodation of Contemporary Religious Diversity

2017 ◽  
pp. 37-54
Author(s):  
Roberta Medda-Windischer
Keyword(s):  
Human Rights ◽  
Key Words ◽  
Present Article ◽  
Religious Diversity ◽  
European Convention ◽  
Freedom Of Religion ◽  
Religious Minorities ◽  
European Court

The present article analyzes how main issues and dilemmas that religious minorities and groups pose and face in contemporary societies in which, in the terms of the European Court of Human Rights, several religions coexist within one and the same population, have been or may be addressed through the lens of the European Convention on Human Rights. Key words: freedom of religion; religious diversity; religious minorities; accommodation; European Convention on Human Rights.Published online: 11 December 2017

Russia

2018 ◽  
Author(s):  
Dmitri Bartenev ◽  
Ekaterina Evdokimova
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Case Law ◽  
Persons With Disabilities ◽  
System P ◽  
Critical Insight ◽  
Principles And Standards ◽  
Legal Concepts ◽  
The Impact ◽  
Insight Into

This chapter analyses how Russian courts have approached principles and standards of the Convention on the Rights of Persons with Disabilities (CRPD) since its ratification by Russia in 2012. Given the monist features of the Russian legal system, the Convention has been used in a relatively large number of judgments. In the majority of cases the CRPD has been used only to reinforce the standards already provided by domestic laws. In a few cases, however, judges interpreted the Convention provisions to establish new legal concepts or to apply progressively Russian laws concerning human rights of people with disabilities. The chapter provides a critical insight into different ways of interpreting (or failing to interpret) CRPD provisions used by Russian courts and it concludes that the impact of the CRPD on case law has so far been limited despite its implementation in the Russian legal system.

Mutilación genital = Genital mutilation

2017 ◽  
Vol 13 ◽  
pp. 293
Author(s):  
Tania García Sedano
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Legal System ◽  
Fundamental Rights ◽  
Genital Mutilation ◽  
Derechos Humanos

Resumen: La mutilación genital constituye una realidad no erradicada que representa una grave vulneración de numerosos derechos fundamentales. Así, numerosos instrumentos internacionales y supranacionales se han ocupado de la misma y por ello ha sido tipificada penalmente en el ordenamiento jurídico español. El presente artículo parte de los mismos para analizar el significado del delito de mutilación genital en nuestro país.Palabras clave: Mutilación genital, derechos humanos, delito, lesiones.Abstract: Genital mutilation constitutes a non-eradicated reality that represents a serious violation of many fundamental rights. Thus, numerous international and supranational instruments have dealt with it and for this reason it has been criminalized in the Spanish legal system. The present article starts from the same ones to analyze the meaning of the crime of genital mutilation in our country.Keywords: Genital mutilation, human rights, crime, injuries.

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