scholarly journals Doing Minority Justice Through Procedural Fairness: Face Veil Bans in Europe

2013 ◽  
Vol 2 (1) ◽  
pp. 1-26 ◽  
Author(s):  
Saïla Ouald Chaib ◽  
Saïla Ouald Chaib ◽  
Eva Brems
Keyword(s):  
Human Rights ◽  
Procedural Fairness ◽  
Public Places ◽  
The People ◽  
European Court ◽  
Complementary Approach ◽  
The Social ◽  
Multicultural Context ◽  
The Face ◽  
Legislative Processes

Abstract The French and Belgian bans on face veils in public places have been subjected to strong substantive human rights critiques. This article takes a complementary approach, examining the bans from the perspective of procedural fairness. Indeed, the French and Belgian bans are extreme examples of legislative processes taking place above the heads of the people concerned, neglecting the ban’s possible human rights impact. After exploring what the social psychology notion of procedural fairness entails for the judiciary and the legislator, especially in a multicultural context, this article details procedural fairness shortcomings with respect to the face veil ban in France and Belgium. Subsequently, the article sets out how the European Court of Human Rights might compensate for these shortcomings.

scholarly journals Majority rule and human rights: identity and non-identity in SAS v France

2016 ◽  
Vol 67 (2) ◽  
pp. 115-136
Author(s):  
Matthew Nicholson
Keyword(s):  
Human Rights ◽  
Public Places ◽  
Human Rights Practice ◽  
Theodor Adorno ◽  
European Court ◽  
Political Function ◽  
The Social ◽  
The Will ◽  
The Individual ◽  
Identity Thinking

This article considers the July 2014 decision of the European Court of Human Rights in SAS v France in which the court upheld the legality of a ban on the wearing of the burqa and niqab in public places. Exploring the connection between SAS and a related trend of deference to the will of the national community in the court’s jurisprudence, it relies on Joseph Slaughter’s work to argue that the decision is best explained on the basis of what Theodor Adorno termed ‘identity thinking’ which, in a human rights context, involves the conceptualisation of human identity as something existing in and defined by the community rather than the individual. Drawing on the work of Franz Neumann, Otto Kirchheimer and Peter Mair, the article reflects on the social and political function of the ECtHR in the light of SAS and argues for an alignment between international human rights practice and the ‘non-identity thinking’ that Adorno advocated.

scholarly journals The echr and the Protection of Irregular Migrants in the Social Sphere

2015 ◽  
Vol 22 (1) ◽  
pp. 39-67
Author(s):  
Sylvie Da Lomba
Keyword(s):  
Human Rights ◽  
Social Dimension ◽  
European Convention ◽  
Social Rights ◽  
Irregular Migrants ◽  
Social Sphere ◽  
European Court ◽  
Poor Access ◽  
The Social ◽  
International Adjudication

For more than a decade, the Council of Europe has expressed deep concern over irregular migrants’ poor access to basic social rights. With this in mind, I consider the extent to which the European Convention on Human Rights can contribute to protect irregular migrants in the social sphere. To this end, I consider the role of international supervisory bodies in social rights adjudication and discuss the suitability of international adjudication as a means to uphold irregular migrants’ social rights. Having reached the conclusion that international adjudication can help protect irregular migrants’ social rights, I examine the ‘social dimension’ of the European Convention on Human Rights and the significance that the European Court of Human Rights attaches to immigration status. I posit that the importance that the Court attaches to resource and immigration policy considerations in N v. United Kingdom significantly constrains the ability of the European Convention on Human Rights to afford irregular migrants protection in the social sphere.

True Church, National Church, Minority Church: Episcopacy and Authority in the Restored Church of Ireland

2016 ◽  
Vol 85 (2) ◽  
pp. 219-245 ◽  
Author(s):  
Kathryn Rose Sawyer
Keyword(s):  
First Principles ◽  
Historical Context ◽  
Recent Scholarship ◽  
The People ◽  
Church Hierarchy ◽  
The Social ◽  
Church Of Ireland ◽  
The Face ◽  
Political Realities ◽  
The Church

The Church of Ireland in the later seventeenth century faced many challenges. After two decades of war and effective suppression, the church in 1660 had to reestablish itself as the national church of the kingdom of Ireland in the face of opposition from both Catholics and Dissenters, who together made up nearly ninety percent of the island's population. While recent scholarship has illuminated Irish protestantism as a social group during this period, the theology of the established church remains unexamined in its historical context. This article considers the theological arguments used by members of the church hierarchy in sermons and tracts written between 1660 and 1689 as they argued that the Church of Ireland was both a true apostolic church and best suited for the security and salvation of the people of Ireland. Attention to these concerns shows that the social and political realities of being a minority church compelled Irish churchmen to focus on basic arguments for an episcopal national establishment. It suggests that this focus on first principles allowed the church a certain amount of ecclesiological flexibility that helped it survive later turbulence such as the non-jurors controversy of 1689–1690 fairly intact.

scholarly journals The Convention on the Rights of Persons with Disabilities and the social model of health: new perspectives

2014 ◽  
pp. 74 ◽  
Author(s):  
Penelope Weller
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Social Model ◽  
Persons With Disabilities ◽  
People With Mental Illness ◽  
European Court ◽  
The Social ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
Health Laws

Contemporary mental health laws are embedded in basic human rights principle, and their ongoing evolution is influenced by contemporary human rights discourse, international declarations and conventions, and the authoritative jurisprudence of the European Court of Human Rights (ECrtHR). The<em> Convention on the Rights of Persons with Disabilities</em> (CRPD) is the most recent expression of international human rights applicable to people with disability including people with mental illness.3 It provides a fresh benchmark against which to assess the human rights compatibility of domestic mental health laws.

In The Face of Financialization: Cities and the Human Right to Adequate Housing

2021 ◽  
Vol 30 (1) ◽  
pp. 107-130
Author(s):  
Kaara Martinez
Keyword(s):  
Affordable Housing ◽  
The United States ◽  
Human Right ◽  
Social Good ◽  
Cultural Rights ◽  
European Court ◽  
The Social ◽  
The Face ◽  
Full Sense ◽  
The Right

The right to housing is a human right with broad but frequently overlooked implications, particularly in the urban environment. This difficulty is heightened in the context of what is known as the “financialization of housing”. Financialization involves the interconnections between global financial markets and housing, and, at the extreme, has prompted a climate in which housing is conceived less as a social good and more as a commodity. The result of the financialization turn is cities with a severe lack of affordable housing, a reality that is now a global phenomenon. This naturally leads to economic exclusions and displacements from cities, but, on a deeper level, also entails major collective consequences for the social and cultural fabric. Financialization thus threatens the right to housing in cities, particularly when the right is examined and understood in its full sense. And yet, cities have a duty to ensure the right to housing even in the face of financialization. Drawing on the jurisprudence of the Committee on Economic, Social and Cultural Rights through its individual communications procedure, the European Court of Human Rights, and domestic cases from South Africa and the United States, this paper aims to elucidate this duty of cities in the realm of housing. A substantive rather than purely procedural shape of protection for the right to housing is pushed, which deliberates the connections between housing and the wider societal context, and the implicated concerns of resources, property, and urban community. In present times, our appreciation of home as a necessary nexus of safety, comfort, and productivity has come to the fore, as have our fears around economic insecurity, forcing us to confront and closely interrogate the right to housing.

Judicial control of the effectiveness of activities related to public administration

2021 ◽  
Vol 10 (10) ◽  
pp. 29-44
Author(s):  
Jacek Jaśkiewicz
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
Procedural Fairness ◽  
Judicial Control ◽  
Legal Remedies ◽  
European Court ◽  
Protection Of Human Rights ◽  
Administrative Proceedings ◽  
Court Proceeding ◽  
Legal Procedures

Legal procedures in Europe must comply with the principles of procedural fairness. These rules include a set of conditions ensuring real, fast and effective consideration of the case in accordance with guarantees stipulated under Article 6 and Article 13 of the Convention for the Protection of Human Rights, taken by jurisprudence of the European Court of Human Rights. The article presents the characteristics of Polish court proceeding in the scope of enforcing the effectiveness of public administration activities in the light of these requirements. Legal remedies to prevent tardiness of administration actions as well as discipline efficiency and speed of national administrative proceedings within this system were also discussed.

Decline and Fall

Idi Amin ◽  
2021 ◽  
pp. 276-309
Author(s):  
Mark Leopold
Keyword(s):  
Human Rights ◽  
Social Solidarity ◽  
Human Rights Abuses ◽  
The Social ◽  
Key Factor ◽  
The Face ◽  
The Many

This chapter studies Idi Amin's downfall. It begins by detailing how the death of Anglican Archbishop Janani Luwum led to wide international condemnation and galvanised the many competing opposition groups among the exiles. Between February 28 and March 3, 1978, a closed session of the UN Commission on Human Rights finally agreed to launch a formal investigation of human rights abuses in Uganda. By the end of 1978, the Tanzanian army, with a considerably smaller number of Ugandan refugee fighters, had massed in force near the border. In January of 1979, they crossed into Uganda. The key factor in the Tanzanians' victory was the overall weakness of the Ugandan troops. The chapter then explains how Amin's regime had destroyed much of the social solidarity and national feeling which had just about held the country together in the face of ethnic rivalries under the first Obote administration. This became evident in the chaos that followed the Tanzanian invasion, and especially under Milton Obote's second regime. Finally, the chapter describes Amin's retirement and analyses how he survived in power for so long.

Tools for Academic Research on Human Rights in Latin America: the Inter-American Human Rights System

2015 ◽  
Vol 15 (2) ◽  
pp. 108-115 ◽  
Author(s):  
Gloria Orrego Hoyos
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Academic Research ◽  
The People ◽  
The Social ◽  
History Of

AbstractThe article below, which is written by Gloria Orrego Hoyos, presents an overview of the Inter-American Human Rights System, its main instruments, its organs for the protection and promotion of human rights in the Americas and the available tools for the academic research and the activism in the vindication for human rights in the region. This information is presented from the contextualization of the system within a history of violation of human rights in the region, and the role of both the Inter-American Convention and the Inter-American Court in the transformation of the social, political and institutional realities of the people of the continent.

Civil society and democratic transformation in Mauritania: the paradigm of transition and the antecedents of political change

2017 ◽  
Vol 10 (3) ◽  
pp. 372-391
Author(s):  
Ismail Bouganour
Keyword(s):  
Civil Society ◽  
Political Parties ◽  
World Order ◽  
New World Order ◽  
International Pressure ◽  
The People ◽  
The Social ◽  
The Face ◽  
Democratic Transformation ◽  
Tribal Affiliation

Mauritania is among the poorest of the world’s nations due, in good measure, to its itinerant Bedouin population that has moved gradually towards urbanization in accordance with the new world order. The country has undergone extensive transformation in the face of international pressure and influence that were brought to bear on it, and their effects have affected the process of transformation, especially those pertaining to the acknowledgement of human rights and freedoms of citizens. The democratic transformation of Mauritania has to be understood in the context of factors interplaying between the social and cultural spheres, in particular the tribal nature of Mauritanian society which, in a de facto sense, designs the roadmap for action on the basis of the citizen’s perpetual tribal affiliation and belonging, as well as the interaction between economic and political reform conforming to economic demands. This study clarifies the democratic transformation that has taken place in Mauritania through particular phases. Although the transformation did not necessarily bring about change in the prevailing political modus operandi of the state, it did, nonetheless, change the balance of the ‘powers that be’ in favour of reform. The latter arose through the role played by political parties that enabled the development of civil society and the possibility for political reforms in future. The study analyses the Mauritanian experience with regard to the success of civil society institutions in furthering their goal of complete reciprocity between the people and their members,  and in placing these issues at the heart of the discussion and achieving pioneering successes.

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