scholarly journals Academic Freedom and Its Protection in the Law of European States

2016 ◽  
Vol 3 (3) ◽  
pp. 254-345
Author(s):  
Klaus D. Beiter ◽  
Terence Karran ◽  
Kwadwo Appiagyei-Atua
Keyword(s):  
Higher Education ◽  
Human Rights ◽  
Academic Freedom ◽  
Freedom Of Expression ◽  
European Convention ◽  
The European Union ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
The Right

Focusing on those countries that are members of the European Union, it may be noted that these countries are bound under international human rights agreements, such as the International Covenants on Civil and Political, and Economic, Social and Cultural Rights or the European Convention on Human Rights, to safeguard academic freedom under provisions providing for the right to freedom of expression, the right to education, and respect for ‘the freedom indispensable for scientific research.’ unesco’s Recommendation concerning the Status of Higher-Education Teaching Personnel, a ‘soft-law’ document of 1997, concretises international human rights requirements to be complied with to make the protection of the right to academic freedom effective. Relying on a set of human rights indicators, the present article assesses the extent to which the constitutions, laws on higher education, and other relevant legislation of eu states implement the Recommendation’s criteria. The situation of academic freedom in practice will not be assessed here. The results for the various countries have been quantified and countries ranked in accordance with ‘their performance.’ The assessment demonstrates that, overall, the state of the protection of the right to academic freedom in the law of European states is one of ‘ill-health.’ Institutional autonomy is being misconstrued as exhausting the concept of academic freedom, self-governance in higher education institutions sacrificed for ‘executive-style’ management, and employment security abrogated to cater for ‘changing employment needs’ in higher education.

Lois Mémorielles in Post-Genocide Societies: The Rwandan Law on Genocide Ideology under International Human Rights Law Scrutiny

2014 ◽  
Vol 27 (2) ◽  
pp. 419-445 ◽  
Author(s):  
PIETRO SULLO
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Freedom Of Expression ◽  
European Countries ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
Human Rights Standards

AbstractThis article discusses the Rwandan Law 18/2008 on genocide ideology in the light of international human rights standards. In order to put the genocide ideology law into context, it sketches a brief overview of the post-genocide scenario. Because of the influence that provisions restricting freedom of expression aimed at fighting negationism might exert on testimonies during genocide trials, it pays particular attention to the transitional justice strategies adopted in Rwanda. Finally, it assesses the law on the genocide ideology against the background provided by the measures implemented in some European countries to deal with the phenomenon of negationism.

Human rights violations during the COVID-19 pandemic

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohammed R.M. Elshobake
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Freedom Of Expression ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Content Type ◽  
International Human ◽  
The Right

Purpose The purpose of this paper is to explore the most prominent human rights violations during the COVID-19 pandemic in accordance with international human rights law. Design/methodology/approach Through doctrinal and legal study and content analysis, this paper analyses the important relevant legal provisions under International human rights law and applies these provisions to the reality of managing the COVID-19 crisis to identify the most prominent human rights violations during the COVID-19 outbreak. This research paper considered as a review paper in that it provides a review of the most prominent measures taken during the COVID-19 crisis, which constitutes violations of international human rights law. Findings It is concluded that some measures that have been taken by countries to confront the COVID-19 pandemic have constituted violations of human rights and did not comply with the legal conditions to restrict human rights. Indeed, the COVID-19 pandemic has shown the ugly fractures in health-care systems, health inequities, racism and discrimination, Undermining the right to freedom of expression and the right to access information, gross negligence in protecting detainees from COVID-19 infection, all of these constitute clear violations of the principles of international human rights law. Research limitations/implications The spread of COVID-19 has not stopped, and its effects still continue, including human rights violations. Therefore, this paper cannot enumerate all human rights violations that occur during the spread of COVID-19. Practical implications Based on the results in this paper, governments need to be more prepared to face any health crisis at all levels including health care, which would reduce human rights violations. Social implications This research paper reflects positively on the social reality, as the adoption of its recommendations leads to the provision of adequate health care to all members of society in accordance with the principles of human rights, granting them the right to access information, protecting their right to freedom of expression, reducing the phenomenon of racism and discrimination and providing adequate health care to all detainees. Originality/value This paper studies an up-to-date topic that we are still living and seeing its effects. The benefit of this paper is to provide recommendations that protect human rights during the COVID-19 pandemic.

Equality and Non-discrimination Law in the EU

2021 ◽  
pp. 387-462
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
International Human Rights ◽  
Men And Women ◽  
Treaty Of Rome ◽  
International Human ◽  
The Right ◽  
The Eu

This chapter addresses equality and non-discrimination, which are explicitly acknowledged as foundational values in the EU context in Article 2 TEU. Similarly, the right to non-discrimination enjoys wide recognition in international human rights law. In the EU, non-discrimination had a specific role to play from the outset of European integration. Despite being founded without explicit reference to human rights, the original Treaty of Rome nonetheless prohibited discrimination on the basis of nationality (now Article 18 TFEU), as well as discrimination regarding pay between men and women (now Article 157 TFEU). Today, the scope of non-discrimination was enlarged, paving the way for Directives on racial equality and non-discrimination in the field of employment on the grounds of religion, disability, age, and sexual orientation. Moreover, the Court of Justice of the European Union (CJEU) identified the principle of equality as a general principle of EU law.

scholarly journals The Right of the Accused in Saudi in Criminal Procedure during Investigation Process and Arbitrary Dentation and Prohibits Torture and Protects the Rights of Suspects to Obtain Legal Council

2018 ◽  
Vol 150 ◽  
pp. 05053
Author(s):  
Faten Mohmed Alqahtani ◽  
Amani Ali ◽  
Abdulrahman M.A.AlBelihi ◽  
Metwally Ali
Keyword(s):  
Human Rights ◽  
Saudi Arabia ◽  
Justice System ◽  
Criminal Procedure ◽  
International Human Rights ◽  
Legal Representation ◽  
International Human ◽  
The Law ◽  
The Right ◽  
Human Rights Standards

Saudi Arabia has recent in years pass several important legislations to ensure a fair and balanced justice system, including: 1) The Law of Procedure Before Sharia Courts of September 2001, which grants defendants the right to legal representation and outlines the process by which please, evidence and experts are heard by the courts. 2) The Code of Law Practice of January 2001, which outlines requirements necessary to become an attorney and defines the duties and right of lawyers, including the right of attorney-client privilege. 3) The Law of Criminal Procedure of May 2001, which protects a defendant right with the regard to interrogation, investigation, and incarceration; outlines a series of regulations that justice and law enforcement authorities must follow during all stages of legal process, from arrest and interrogation to trial and sentencing; prohibits torture and protects the right of suspects to obtain legal counsel; and limits the period of arbitrary detention. The main objective of this study is to examine the operation of the criminal justice system in Saudi Arabia in light of the international human rights standards pertaining to the administration of justice. It involves the international human rights treaties and focuses mainly on the instruments in which the right to a fair trail in Saudi Arabia.

Born in the twilight zone: Birth registration in insurgent areas

2019 ◽  
Vol 101 (911) ◽  
pp. 507-536 ◽  
Author(s):  
Kathryn Hampton
Keyword(s):  
Human Rights ◽  
International Humanitarian Law ◽  
Twilight Zone ◽  
Birth Registration ◽  
Humanitarian Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
The Right

AbstractInsurgent groups are registering births in territories which they control, and yet States do not recognize insurgent birth registration, resulting in a legal vacuum with harsh consequences for children. Based on international human rights and humanitarian law provisions related to birth registration, this article argues that insurgent groups have an inherent power to register births in order to fulfil their obligations under international humanitarian law, and that State obligation to ensure the right to recognition as a person under the law should require States to recognize insurgent birth registration in order to prevent harm to children.

scholarly journals U-4 An Analytical Study of the Rights Granted to the Accused during the Trial under ICCPR 1966

2021 ◽  
Vol 5 (1) ◽  
pp. 46-56
Author(s):  
Aisha Jadoon ◽  
Ali Asghar Chusti
Keyword(s):  
Human Rights ◽  
Analytical Study ◽  
Freedom Of Expression ◽  
Political Rights ◽  
International Human Rights ◽  
Cultural Rights ◽  
United Nations General ◽  
United Nations General Assembly ◽  
International Human ◽  
The Right

The ICCPR 1966 is an important international human rights treaty that provides a number of protections for civil and political rights. The Charter was adopted by the United Nations General Assembly in 1966 and came into force in 1976. July 2020 So far, the agreement has been ratified by 171 countries. The newly liberated states of Africa and the Caribbean, together with the ICCPR, the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, are considered international human rights bills. The ICCPR obliges countries that ratify the agreement to ensure the protection of fundamental human rights, such as the right to life and human dignity, equality before the law, freedom of expression, the right to assembly and other rights also. ICCPR guarantees the fair trial for the accused in three stages i.e. Rights before trial, during trial and after trial. This article appraises the analytical study of the rights granted to the accused during the trial.

scholarly journals Freedom of Expression and Hate Speech in Ethiopia: Observations (Amharic)

2021 ◽  
Vol 15 (1) ◽  
pp. 195-226
Author(s):  
Aron Degol ◽  
Bebizuh Mulugeta
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Adverse Impact ◽  
Court Cases ◽  
Human Right ◽  
International Human Rights ◽  
Peace And Security ◽  
International Human ◽  
The Right

Freedom of expression is one of the human rights enshrined under International human right instruments. However, hate speech in the course of exercising this right has the potential to pose threats on the peace and security of nations and wellbeing of individuals. This has brought about arguments in favor of limitations to expression and against the limitations owing to unintended adverse impact of such limitations in the exercise of freedom of expression. In the Ethiopian case, ‘Hate Speech and Disinformation Prevention and Suppression Proclamation No. 1185/ 2020’ has been enacted.  The Proclamation indicates prohibited acts of hate speech and its exceptions. In particular, the generic terms contained in the definition given to ‘hate speech’ need to be carefully examined. However, the implications of provisions that set exceptions to ‘hate speech’ in the new law have not yet been subject to adequate academic discourse. This article examines these issues. By consulting different international human rights instruments, experience of other countries and scholarly literature, the article examines the appropriateness, constitutionality and implications of the Proclamation on the right to freedom of expression. Moreover, it indicates potential challenges that the exceptions will pose on the process of implementing the Proclamation in real court cases.

International Human Rights Law

2019 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Subject ◽  
International Human ◽  
The United Nations ◽  
The Right

International Human Rights Law provides a concise introduction for students new to the subject. Clearly written and broad in scope, this popular text gives a concise introduction to international human rights, including regional systems of protection and the key substantive rights. The author skillfully guides you through the complexities of the subject, making it accessible to those with little or no prior legal and/or international knowledge. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. The book continues to be relied upon by students worldwide as the first book to turn to for clear and accurate coverage. It discusses the United Nations; the United Nations’ organizational structure; regional protection of human rights; Europe; the Americas; Africa; key treaties and mechanisms for monitoring, implementing, and enforcing human rights; substantive rights; equality and non-discrimination; the right to life; freedom from torture; cruel, inhuman, and degrading treatment or punishment; the rights to liberty of person; equality before the law; the right to a fair trial; the right to self-determination; freedom of expression; the right to work; the right to education and human rights education; minority rights; and group rights.

scholarly journals PERLINDUNGAN HUKUM HAK ASASI MANUSIA INTERNASIONAL TERHADAP IMIGRAN SURIAH

Yustitia ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 148-158
Author(s):  
Mentari Jastisia
Keyword(s):  
European Union ◽  
Human Rights ◽  
Asylum Seekers ◽  
European Convention ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Status ◽  
International Human

Immigrants are people who have fled from their country to other countries where they can be referred to as refugees or asylum seekers. There are legal instruments that regulate and provide protection for them. Arrangements for asylum seekers are contained in the 1967 Declaration of Territorial Asylum, State practice, humanitarian issues, Declaration of Human Rights (UDHR). Meanwhile, the arrangements for refugees are contained in the Convention Relating to the Status of Refugees 1951, Protocol relating to the status of Refugees 1967, International Covenant on Civil and Political Rights (ICCPR). This papers uses a normative juridical method. This juridical approach is because this research analyzes existing legal aspects, and is normative because this research focuses more on the analysis of existing laws and regulations and other regulations, using secondary data, namely scientific references or other scientific writings as study material that can support the completeness of this scientific papers. Regarding legal protection for Syrian immigrants, the same applies to immigrants from other state as regulated in the arrangements that have been regulated. Countries in the European Union implement international human rights law protections for Syrian immigrants residing in European Union countries consistently as mandated in the European Convention on Human Rights, Convention applying the Schengen Agreement dated June 14, 1985, Lisbon treaty, Dublin II Regulation (Council Regulation (EC) 343/2003) 2003. The indication is that there are several countries in the European Union such as Greece, Hungary which refuse and do not want to take more responsibility for their obligations as a State related to the provisions of international human rights law to provide protection for Syrian immigrants. in Europe

Gross Violations of Human Rights: Invoking the European Convention on Human Rights in the Case of Turkey

1997 ◽  
Vol 15 (2) ◽  
pp. 161-173 ◽  
Author(s):  
Aisling Reidy ◽  
Françoise Hampson ◽  
Kevin Boyle
Keyword(s):  
Human Rights ◽  
Violent Conflict ◽  
European Convention ◽  
International Human Rights ◽  
Security Forces ◽  
Human Rights Treaties ◽  
International Human ◽  
Fact Finding ◽  
The Right ◽  
Legal Procedures

Situations of gross violation of human rights require a larger response than is possible through the invocation of complaints mechanisms in international human rights treaties. Nevertheless such international legal procedures can have an influence through the impartial establishment of disputed facts and international accountability. The European Convention on Human Rights has been invoked against Turkey by a large number of citizens of Kurdish origin claiming to be victims of practices of violation by the security forces in the emergency region of the South East. The experience of these cases before the Commission and Court to date demonstrates the hurdles that an individual complainant faces in seeking to prove alleged patterns of gross violation. These cases which have involved a major role for the Commission in fact-finding have also produced a new emphasis on the importance of the right to a domestic remedy as part of a State's commitments under the Convention. Alter the coming into force of Protocol 11 the new Court may well be faced with new situations of violent conflict or of minority tensions which may necessitate radical changes to its powers, procedures and practice.

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