Trafficking and Slavery

2015 ◽  
Vol 4 (1) ◽  
pp. 33-52 ◽  
Author(s):  
Tenia Kyriazi
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Regulatory Framework ◽  
Human Beings ◽  
European Court ◽  
Relevant Case ◽  
Trafficking In Human Beings

Although the legal notion of slavery has been defined in article 1 of the 1926 Slavery Convention, it is currently being widely used to encompass various practices of abuse, oppression and exploitation. Trafficking in human beings is one such practice, extensively being referred to as a contemporary form of slavery. This article attempts to establish the legal criteria on the basis of which trafficking in human beings can constitute slavery and to define states’ obligations deriving from it, in the light of the recent relevant case-law of the European Court of Human Rights, and to highlight its impact to the current European anti-trafficking regulatory framework.

Extradition of a Person: The National Law of Ukraine and the Case Law of the European Court of Human Rights

2021 ◽  
Vol 39 (9) ◽  
Author(s):  
Tatiana H. Fomina ◽  
Volodymyr I. Galagan ◽  
Zhаnnа V. Udovenko ◽  
Serhii Ye. Ablamskyi ◽  
Yana Yu. Koniushenko
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Case Law ◽  
Criminal Offense ◽  
National Legislation ◽  
Procedure Code ◽  
European Court ◽  
Relevant Case ◽  
The Right

This article aims at establishing and emulating the relevant issues surrounding the detention of person presumed of committing a criminal offense outside the territory of Ukraine in respect with the provisions adumbrated by the European Court of Human Rights. The study was conducted through the prism of national legislation and the relevant case law of the European Court of Human Rights. The issues of realization of the detainee's rights, including the right to protection, were considered separately. According to the results of the study, certain ways to improve the provisions of the Criminal Procedure Code of Ukraine have been formulated.

Right to a Fair Trial

2021 ◽  
Author(s):  
Satu Heikkilä
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
General Interest ◽  
Reference Book ◽  
Practical Guide ◽  
European Court ◽  
Relevant Case ◽  
Source Of Information

Every year, the European Court of Human Rights delivers a large number of judgments, adding to its already extensive case-law. This makes it difficult for people outside the Court to know which cases are the most relevant and break new ground for fair trial issues. This book seeks to respond to that need by focusing on the most important cases and aims to make the content of Article 6 accessible in order to best serve readers' every-day practical legal needs The cases are selected following the Court's Jurisconsult's opinion of their jurisprudential interest. In addition, the book includes a number of other cases that raise issues of general interest, establish new principles, or develop or clarify the Court's existing case-law. The case summaries draw the readers' attention to the essential points, allowing them to focus on the jurisprudential significance of a particular case. A clear structure utilising detailed heading helps the reader to quickly find the relevant case-law. <br><br><i>Right to a Fair Trial: A Practical Guide to the Article 6 Case-Law of the European Court of Human Rights</i> is a comprehensive, easy-to-use and up-to-date reference book which provides a useful source of information for the practitioners, theorists and students in the field of human rights.

‘Unionisation’ of the European Court of Human Rights’ ne bis in idem jurisprudence: the Case of Mihalache v Romania

2019 ◽  
Vol 11 (2) ◽  
pp. 227-239
Author(s):  
Cedric Serneels
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Ne Bis In Idem ◽  
Relevant Case

This article analyses the decision of the European Court of Human Rights (ECtHR) in the case of Mihalache v Romania. In the judgment, the Court, dealing with the application of the ne bis in idem principle, further elaborates on the different components of the concept ‘final acquittal or conviction’ under Article 4 of Protocol No 7 to the European Convention on Human Rights. The author studies this aspect of the ruling through the lens of judicial dialogue and examines in particular the influence of relevant case law of the Court of Justice of the European Union on the ECtHR’s reasoning.

Religious Associations as a National Security Threat: The Russian View in Light of European Standards

2017 ◽  
Vol 42 (2-3) ◽  
pp. 101-133
Author(s):  
Olga Kudriashova
Keyword(s):  
Human Rights ◽  
National Security ◽  
Case Law ◽  
European Convention ◽  
Security Threat ◽  
Traditional Religions ◽  
European Court ◽  
Relevant Case ◽  
Religious Associations ◽  
European Standards

This article focuses on the Russian practice of suppressing non-traditional religious associations under the guise of protecting national security. Russian legislation and case law are discussed in light of European standards concerning limitations of human rights, including the principles of legal certainty and proportionality. The author concludes that despite the declaration of the principle of ideological diversity and religious freedom in the Constitution of the Russian Federation (hereinafter, “the rf Constitution”), Russian lawmakers and the judiciary are wary of non-traditional religions, regarding them as a national security threat. This tendency is demonstrated by an analysis of registration requirements, as well as the country’s anti-extremism law and the relevant case law. The author examines the following problems of Russian regulation: the vagueness of the law on which the limitations are based and the weak argumentation of judicial decisions by which limitations are imposed. The author concludes that Russian legislation and the relevant case law strongly deviate from the standards set in the European Convention for the Protection of Human Rights and Fundamental Freedoms (echr) and in the jurisprudence of the European Court of Human Rights (ECtHR). Meanwhile, according to the rf Constitution, the echr is part of the Russian legal system and prevails over Russian laws. The author’s aim is to outline the space provided in Russian law for the abuse of non-traditional religions by Russian authorities.

scholarly journals Prohibition of trafficking in human beings under the auspices of human rights

2021 ◽  
Vol 63 (2) ◽  
pp. 5-26
Author(s):  
Tijana Šurlan
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Legal Framework ◽  
Constitutional Court ◽  
Human Beings ◽  
International Treaties ◽  
Theoretical Formulation ◽  
European Court ◽  
Trafficking In Human Beings ◽  
The Republic

The following work is dedicated to the consideration of the prohibition of human trafficking from the aspect of human rights. The initial thesis is that human trafficking cannot be reduced only to the criminal law aspect, but that by standardizing this prohibition within the constitutions and international treaties in the field of human rights, this institute is positioned hierarchically at the highest level of the legal order. In the first part of the paper, the legal framework is examined, primarily international law and then constitutional law. The second part analyzes the decisions of the European Court of Human Rights and the Constitutional Court of the Republic of Serbia. The analysis of courts` decisions was used as a basis for the theoretical formulation of the most important aspects of the prohibition of trafficking in human beings as a category of human rights. Special emphasis was placed on the consideration of the positive obligations of the states undertaken by the ratification of international treaties in the field of human rights and the matter of the fight against human trafficking.

Sterilization of Women

2015 ◽  
pp. 131-150
Author(s):  
Christina M. Akrivopoulou ◽  
Maria N. Asproudi
Keyword(s):  
Human Rights ◽  
Informed Consent ◽  
United Nations ◽  
Ethical Dilemmas ◽  
Case Law ◽  
Mental Disabilities ◽  
The Poor ◽  
European Court ◽  
The World ◽  
Relevant Case

This chapter explores the international practices and policies regarding women sterilization and the legal and ethical dilemmas they pose. As is analyzed, women, in many places of the world, frequently rely on access to sterilization procedures in order to control their fertility at will. However, this is not always the case. Often, women are forced to undergo permanent and irreversible sterilization, without being aware of it or without their informed consent. As is illustrated in this chapter, despite the condemnation of such practices by the United Nations (UN), cases of coerced sterilization are recorded all around the globe, especially targeting women with mental disabilities, the poor or socially stigmatized, and those perceived as “unworthy” of reproduction. This chapter underlines the grave violations of human rights caused by involuntary sterilization and the relevant case law of the European Court of Human Rights regarding the protection of women in danger.

Sources and Content of the Pan-European General Principles of Good Administration

2020 ◽  
pp. 19-54
Author(s):  
Ulrich Stelkens ◽  
Agnė Andrijauskaitė
Keyword(s):  
Human Rights ◽  
Data Protection ◽  
Case Law ◽  
Administrative Law ◽  
European Convention ◽  
Soft Law ◽  
Council Of Europe ◽  
European Court ◽  
Relevant Case

This chapter examines the sources of the pan-European principles of good administration developed by the Council of Europe (CoE). It maps the degree of concretization these principles have reached, and how far they have spread concerning the classical and modern topics of administrative law. It scrutinizes the Statute of the CoE, the European Convention on Human Rights, and the (relevant) case law of the European Court of Human Rights, other CoE conventions (such as the CoE Convention on Data Protection, the Convention on Access to Official Documents, and the European Charter of Local Self Government), and the recommendations and other soft law on good administration of the Committee of Ministers and other institutions of the CoE. The chapter concludes that the principles deriving from these sources should not be considered as a loose bundle of various rules in administrative matters but instead form a ‘coherent whole’.

Threats of Terrorism and the European Court of Human Rights

2008 ◽  
Vol 10 (1) ◽  
pp. 1-10
Author(s):  
Jan Sikuta
Keyword(s):  
Human Rights ◽  
Case Law ◽  
First Case ◽  
European Court ◽  
Relevant Case

AbstractThis contribution is aiming to provide a reader with a brief overview of selected relevant case-law of the European Court of Human Rights in Strasbourg ("the Court"), somehow relating to the acts of terrorism. It shows the evolution of the Courts case-law from the very first case of Lawless v. Ireland, lodged to the Court in 1959, through the case of Osman v. UK, involving the positive obligation of a State to protect the life of its citizens and case of Ocalan v. Turkey, up to the case of Cetin and Others v. Turkey, dealing with terrorism and media (Article 10 of the Convention).The aim of this contribution is also to give a very brief views on the issue of terrorism from the aspects of different provisions of the Convention, starting with the Article 1 of the Convention and ending with Article 10 of the Convention, in order to provide participants of the Conference with short, but rather "plastic" picture of the Courts' case-law related to the mentioned issue.

scholarly journals Human trafficking as a crime against humanity

Legal Ukraine ◽  
2020 ◽  
pp. 62-70
Author(s):  
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Human Beings ◽  
European Court ◽  
The World ◽  
Trafficking In Human Beings ◽  
Institutional Mechanism

The article emphasizes that human trafficking is a modern form of slavery and a crime against humanity. The causes of the international crime are unresolved migration problem in the world, armed conflicts, insufficient efforts of states to combat human trafficking, inefficiency political and economic transformations in the state, corruption officials, declarative social policy and numerous other reasons. UN Office on Drug and Crime reports an increase in the number of recorded cases of human trafficking in the world. Due to the Covid-19 pandemic, states have closed their borders, but this is not the way out. After the resumption of international connections, a new wave of migration flows is expected. As a result, the level of human trafficking crime will increase. The institutional mechanism of the UN, the Council of Europe and the role International Criminal Court in the field of combating the crime of trafficking people were analyzed. The scale and effectiveness of certain international legal acts are determined. The main disadvantage is their recommendatory nature. Combating against transnational crime trafficking in human beings requires to use not only national and regional judicial system, but also international bodies. Particular attention was paid on the importance of the International Criminal Court and the European Court of Human Rights in investigating the crime of trafficking in human beings. The issue of jurisdiction of the International Criminal Court on human trafficking crimes was covered. Creating a new mechanism to combat human trafficking is not an appropriate way. We emphasized the importance of improving the work of existing institutions. Key words: crime against humanity, human trafficking, institutional mechanism, migration, International Criminal Court, Rome Statute, European Court of Human Rights.

Sign in / Sign up

Export Citation Format

Share Document