From a Beacon of Hope to a Question Mark: Right to Clean Water and Sanitation across Europe in the Wake of the ECtHR Judgment Hudorovic and Others v. Slovenia

2020 ◽  
Vol 17 (3) ◽  
pp. 351-365
Author(s):  
Kleoniki Pouikli
Keyword(s):  
Clean Water ◽  
Water And Sanitation ◽  
Main Research ◽  
Environmental Goods ◽  
Human Rights Protection ◽  
Goods And Services ◽  
Rights Protection ◽  
Ethnic Populations ◽  
Marginalised Groups ◽  
The Right

The aim of this paper is to unpack the latest developments on the right to clean water and sanitation through the lens of environmental injustice against Roma ethnic populations. Namely, the Hudorovic and Others v. Slovenia judgment by the ECtHR puts the spotlight on the dynamics of discrimination against Roma communities relating to the access to fundamental environmental goods and services such as adequate sanitation and potable water. More specifically, the main research focus revolves around the question of whether the human-rights protection regime provides for an effective toolbox for the realization of the water- and sanitation-related rights of minorities groups in a country where the right to water is constitutionally recognized. This case fueled a timely debate regarding the right to safe water and proper sanitation across EU, given that the new Drinking Water Directive raises the bar with respect to the obligations on Member States to take measures to ensure that all citizens -and in particular vulnerable and marginalised groups- are connected to the distribution network.

Time for Implementation of the Right to Water and Sanitation—e.g. The Missing Implementation in Germany

2012 ◽  
Vol 9 (2) ◽  
pp. 164-179
Author(s):  
Silke Ruth Laskowski
Keyword(s):  
Political Development ◽  
Human Right ◽  
Water And Sanitation ◽  
Environmental Goods ◽  
Goods And Services ◽  
Legal Enforcement ◽  
Wide Range ◽  
Basic Sanitation ◽  
Degraded Ecosystems ◽  
The Right

Access to safe water supplies and basic sanitation are necessary for maintaining public health, and water is needed to support healthy ecosystems, which in turn provide critical environmental goods and services. As water demand and availability become more uncertain, all societies become more vulnerable to a wide range of risks associated with inadequate water supply, including hunger and thirst, high rates of disease and death, economic crises, and degraded ecosystems. This endangers the enforcement of the Human Right to Water and Sanitation. Against this background the paper reviews the current political development to strengthen the legal enforcement of the Right to Water; describes the importance of its legal implementation regarding poor populations in Europe; exemplifies the need for implementation and legal action in view of Germany; and addresses to strengthen enforcement of the Human Right to Water and Sanitation with a view to Environmental Justice.

scholarly journals In a Poor State: The Long Road to Human Rights Protection on the Basis of Social Condition

1969 ◽  
pp. 513 ◽  
Author(s):  
Lynn A. Iding
Keyword(s):  
Human Rights ◽  
Financial Burden ◽  
Social Condition ◽  
Poor People ◽  
Economic Rights ◽  
Human Rights Protection ◽  
Goods And Services ◽  
Rights Protection ◽  
The Government ◽  
The Public Sphere

This article examines how poverty in Canada might be alleviated with different forms of human rights protection that include protection from discrimination on the basis of social condition. Social condition discrimination could include denial of goods and services based on stereotypes of poverty, or could include disadvantage resulting from actual inability to pay. If based only on stereotypes, the author argues, social condition would be differentiated from other grounds of discrimination. Poor people need to be protected from the prejudice of others as well as the effects of being poor, and this may be accomplished by incorporating full social condition protection in both human rights legislation and the Canadian Charter of Rights and Freedoms. Canada has international obligations concerning poverty, and those obligations are sometimes recognized by the courts in their decisions. However, economic rights have been consistently rejected as having Charter protection, perhaps out of fear that courts would be commanding the government to create or alter social programs. The author concludes that the Charter might still be the most effective place for economic rights, placing the initial onus more on the public sphere, which would at the same time consequently distribute some of the financial burden in the private sphere.

scholarly journals The Rights of Intersex Persons to Establish a Family under Albanian Law. Practice of the ECHR

2015 ◽  
Vol 5 (2) ◽  
pp. 137
Author(s):  
Dr.Sc. Jorida Xhafaj
Keyword(s):  
Human Rights ◽  
Family Relationships ◽  
Family Life ◽  
National Legislation ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Provisions ◽  
European Court ◽  
Definition Of ◽  
The Right

identity is the way in which a person is self-identified with a gender category, as for example to be female or male, or in some cases intersex, which is none of the distinguishable biological sexes. In principal, intersex persons are part of the society with their rights and obligations, which are not the same with those of the other members of society, in special areas of life.This paper aims to treat the right of intersex persons to marriage and to establish a family. The paper begins with an overview of definition of intersex persons, their rights, and focuses primarily on the right to establish a family.The right for a family life has found protection in the Albanian national legislation. The Constitution of theRepublicofAlbaniaof 1998 in its Article 53 stipulates that "everyone has the right to marry and have a family" establishing the principle of equality before the law, closely linked to the principle of non-discrimination. The legal provisions set a controversial position on the right to get married and to establish family relationships of the intersex persons, which is based on different arguments.For the purposes of the research, we aim also to compare the national legislation with the European principles and practice of the European Court of Human Rights (hereinafter referred as ECHR). The paper also includes the opinions and recommendations of Albanian institutions, as well as those of foreign ones, mainly European, in the area of human rights protection, and especially regarding the rights of the intersex persons.

scholarly journals A Brief Analysis on Human Rights from Hannah Arendt’s Criticism

2018 ◽  
Vol 28 (1) ◽  
pp. 95
Author(s):  
Janilce Silva Praseres ◽  
Marcelo Ramos Saldanha
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Hannah Arendt ◽  
Ethical Values ◽  
Legal Systems ◽  
Right To Life ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Individual ◽  
The Right

Abstract: human rights are a set of ethical values whose purpose is to protect and enable the realization of human dignity in its various dimensions and also prevent the reduction of the individual to the condition of object or, above all, the reduction of his condition as subject of rights, such as the right to life, freedom, security, equality. The universal character of human rights protection demonstrates some weaknesses, especially in the transposition into concrete legal systems, so what we propose is a brief analysis of human rights from Hannah Arendt.Uma Breve Análise Acerca dos Direitos Humanos a partir da Crítica de Hannah ArendtResumo: os direitos humanos são um conjunto de valores éticos que têm por finalidade proteger e possibilitar a realização da dignidade humana em suas várias dimensões e, ainda, impedir a redução do indivíduo à condição de objeto ou, sobretudo, a diminuição da sua condição na qualidade de sujeito de direitos, a exemplo o direito à vida, à liberdade, à segurança, à igualdade. O caráter universal de proteção aos direitos humanos demonstra algumas fragilidades, principalmente, na transposição para ordenamentos jurídicos concretos, assim, o que propomos é uma breve análise acerca dos direitos humanos a partir de Hannah Arendt.

A Case-Law Study of the Truth as Human Right

Global Jurist ◽  
2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Luis Castillo-Córdova ◽  
Susana Mosquera-Monelos
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Focus Attention ◽  
Human Right ◽  
Human Rights Protection ◽  
Rights Protection ◽  
International Recognition ◽  
Human Good ◽  
The Law ◽  
The Right

AbstractWe consider the right to the truth an essential human right that should be recognized and guaranteed by the Law. Allowing all humans access to the truth is a human good permitting the achievement of a higher degree of human perfection and realization and, consequently, there are strong reasons to affirm that the Law should recognize and guarantee as much as possible access to the truth. Considering that it has been the international recognition of the right to the truth which has provided the basis for domestic regulations it is logical that we should focus attention on the international sphere of human rights protection and it is for this reason that we have carried out a case-law method investigation to describe the concept of “the right to the truth”.

scholarly journals Regional Multilateralism: The Right to Protect, not the Responsibility to Protect, in Africa

2021 ◽  
Author(s):  
Obinna Ifediora
Keyword(s):  
Decision Making ◽  
Security Council ◽  
Responsibility To Protect ◽  
Human Rights Protection ◽  
Security Governance ◽  
Rights Protection ◽  
Security Regime ◽  
Un Security Council ◽  
Peace And Security ◽  
The Right

The African Union (AU) has rejected R2P and opposed the UN Security Council-authorized military action in Libya for human rights protection, claiming primacy in decision-making on peace and security interventions on the continent. Yet, existing studies have assumed that the right to protect, as the AU established in article 4(h) of the Constitutive Act, is compatible with R2P. Drawing on the concept of regional multilateralism, this article argues that the right to protect involves a unique African logic and ambition, albeit with an extraordinary significance for global security governance. Particularly, the right to protect is a robust, bold, stable, and uncontested international security regime, which favourable Permanent Five members of the Security Council can turn to when facing the twin problems of legitimacy and veto-induced paralysis. However, such P5 members must embrace the AU’s novel principle: continental sovereignty, which underlines the AU’s primacy claims in decision-making in peace and security.

scholarly journals Wybrane zagadnienia dotyczące zwalczania terroryzmu w kontekście prawa do rzetelnego procesu

2019 ◽  
pp. 163-179 ◽  
Author(s):  
Magdalena Matusiak-Frącczak
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
International Peace ◽  
Criminal Proceedings ◽  
Targeted Killing ◽  
Human Rights Protection ◽  
Judicial Control ◽  
Rights Protection ◽  
Peace And Security ◽  
The Right

Terrorism is nowadays one of the biggest threats to international peace and security. Nevertheless, its combatting must be compatible with the requirements of human rights protection, including the right to a fair trial. First the article discusses procedural guarantees of suspects of terrorist crimes in criminal proceedings. Then the article deliberates the aspects of judicial control of targeted sanctions. The next part will constitute the exploration of the legal professional privilege in the discussed area. Finally, the article will discuss the judicial control of targeted killing. The aim of the article is to prove that actually the right to a fair trial and the procedural guarantees enshrined therein constitute a guarantee to other human rights.

Loyalitätsobliegenheiten und Grundrechte

2021 ◽  
Author(s):  
Kai Morgenbrodt
Keyword(s):  
Case Law ◽  
Fundamental Rights ◽  
Self Determination ◽  
Religious Communities ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Labour Standards ◽  
The Right ◽  
Fair Balance

This thesis analyses dismissals of church employees from a European perspective. Based on ECHR and EU law, the author develops an approach that balances the right of self-determination of religious communities with the fundamental rights of employees. At the heart of this approach sits the function of the employee in the employer’s religious sending. Against this background, the German Constitutional Court’s case law is challenged. It fails to strike a fair balance between the conflicting constitutional interests. Moreover, it structurally fosters discrimination, undercuts the minimum level of human rights protection and offers inadequate solutions for labour standards in religious communities in times of a religiously pluralised society.

The Right to Invoke Rights as a Limit to Sovereignty – Security Interests, State of Emergency and Review of un Sanctions by Domestic Courts under the European Convention of Human Rights

2017 ◽  
Vol 86 (3) ◽  
pp. 275-301 ◽  
Author(s):  
Stefan Kadelbach ◽  
David Roth-Isigkeit
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Public Security ◽  
State Of Emergency ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Independent Review ◽  
The Right

Recently, human rights law has been restricted increasingly by measures taken in the interest of public security. This raises the question whether there are limits in human rights protection that cannot be touched without questioning the very essence of individual rights protection itself. This article submits that the jurisprudence of the European Court of Human Rights (ECtHR) in cases dealing with the compatibility of measures taken in the public interest with the echr has defined such limits predominantly in terms of procedure. Accordingly, individuals must not be deprived of the right to independent review in the light of their fundamental rights. Thus, the Court has been developing what may be called a right to invoke rights, a procedural component underlying all guarantees of the Convention. This principle has been established and upheld in three different constellations: general measures for public security, states of emergencies and the implementation of un sanctions regimes.

Remedies, Procedural Guarantees (and the Unavoidability of Admission to Territory)

2017 ◽  
Author(s):  
Violeta Moreno-Lax
Keyword(s):  
Eu Law ◽  
International Protection ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Refugee Law ◽  
Effective Remedy ◽  
Procedural Components ◽  
The Right ◽  
Judicial Protection ◽  
Border Controls

The rights to asylum and to protection against refoulement, as per Chapters 8-9, entail both substantive and procedural components. This chapter scrutinizes the remedies and procedural safeguards attached to them, paying particular attention to the most relevant international provisions of refugee law and human rights protection. Article 16 CSR51; Articles 14(1), 2(3) and 7 ICCPR; Article 3 CAT; as well as Articles 6 and 13 ECHR are all scrutinized with the purpose of determining the content of the right to effective judicial protection in Article 47 CFR. On the basis of the ‘cumulative standards’ approach, it is concluded that fair trial and effective remedy guarantees are applicable in the context of pre-border controls, including the right to a hearing in person and to an appeal ‘with automatic suspensive effect’. In light of this, it is argued that inherent in a claim to international protection or in a plea of non-refoulement is an entitlement to provisional admission to the territory of the intercepting Member State for the purpose of such procedures as may be necessary to guarantee the effectiveness of the rights that protection seekers derive from EU law.

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