Human Rights Standards and Framework Conditions for Anti-Terrorist Measures. European Standards and Procedures

2004 ◽  
pp. 27-31
Keyword(s):  
Human Rights ◽  
European Standards ◽  
Framework Conditions ◽  
Human Rights Standards

OGRANIČENjE LjUDSKIH PRAVA U VREME PANDEMIJE COVID-19 I USKLAĐIVANjE SA EVROPSKIM VREDNOSTIMA

2021 ◽  
pp. 63-74
Author(s):  
Dragan Bataveljić ◽  
Keyword(s):  
Human Rights ◽  
International Standards ◽  
European Convention ◽  
Global Level ◽  
Freedom Of Choice ◽  
European Values ◽  
New Challenges ◽  
European Standards ◽  
Human Rights Standards ◽  
Number Of Customers

The situation in which the mankind found itself at the beginning of 2020 as a result of Covid-19 pandemic has and will have significant impact on human rights on the global level. Namely, the majority of countries worldwide have imposed various measures aimed at combating the pandemic and spreading of virus, like restrictions of free movement, border closures, travel bans within and outside the country, introduction of lockdown and curfew hours, closing of bars and restaurants or restricting of opening hours and the number of customers, etc. What is important to consider here is whether these measures have been imposed based on existing regulations and according to international standards, before all the European Convention on Human Rights and established European values. The pandemic which has spread to entire world and the measures that the countries have imposed aimed at its containment have challenged the compliance with human rights standards worldwide. Therefore it is necessary to conduct a detail analysis and point out to the possible violation of these rights and liberties, as well as to invest additional efforts in adjusting national legislation to European standards and international acts that regulate this matter in order to overcome the new challenges which the pandemic poses in our everyday life. Since January 2020 we have faced the problems related to the freedom of choice since freedom, in its general sense, assumes the freedom of choice for a human being to select an option of his own will and make sovereign decisions.

EUROPEAN STANDARDS OF HUMAN RIGHTS IN THE PRACTICE OF THE CONSTITUTIONAL COURT OF UKRAINE

2020 ◽  
Vol 10 (4) ◽  
pp. 21-27
Author(s):  
Oleh Pankevych ◽  
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Constitutional Court ◽  
European Court ◽  
Wide Range ◽  
Protection Of Human Rights ◽  
European Standards ◽  
Liberal Communitarianism ◽  
Human Rights Standards

The article is devoted to the retrospective analysis of some aspects of the application and implementation of European human rights standards in the constitutional proceedings of Ukraine. It is substantiated that the domestic body of constitutional jurisdiction, realizing its role as an instrument for implementing European human rights standards in national legal practice, actively uses the Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the Strasbourg Court as arguments to motivate its decisions. In the future, not only the formal but also the substantive aspect of the use of the Convention and the case law of the European Court of Human Rights in the acts of the Constitutional Court of Ukraine certainly needs special attention. The following analysis will allow to reveal the "quality" of the reference to these international sources and the relevance of references to them. In the motivating part of its decisions, the Constitutional Court of Ukraine also uses as an additional argumentation a wide range of other international legal acts and decisions of other international and foreign judicial institutions. This aspect of the practice of the Constitutional Court of Ukraine obviously deserves to be the subject of our further research. Based on the validity of our conclusion in previous publications that the main philosophical basis of modern decisions of the Strasbourg Court are the postulates of liberal communitarianism as a result of a kind of convergence of liberal and communitarian ideologues, we believe that, in turn, these postulates can�t be found in the decisions of the Constitutional Court of Ukraine (when it uses the provisions of the Convention and the case law of the European Court of Human Rights for additional argumentation of its own legal positions). At the same time, this hypothesis still needs to be thoroughly proved in the following special research.

scholarly journals Content Moderation Technologies: Applying Human Rights Standards to Protect Freedom of Expression

2020 ◽  
Vol 20 (4) ◽  
pp. 607-640
Author(s):  
Thiago Dias Oliva
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Access To Information ◽  
Legal Analysis ◽  
Human Rights Law ◽  
Legal Perspective ◽  
Current Content ◽  
Human Rights Standards

Abstract With the increase in online content circulation new challenges have arisen: the dissemination of defamatory content, non-consensual intimate images, hate speech, fake news, the increase of copyright violations, among others. Due to the huge amount of work required in moderating content, internet platforms are developing artificial intelligence to automate decision-making content removal. This article discusses the reported performance of current content moderation technologies from a legal perspective, addressing the following question: what risks do these technologies pose to freedom of expression, access to information and diversity in the digital environment? The legal analysis developed by the article focuses on international human rights law standards. Despite recent improvements, content moderation technologies still fail to understand context, thereby posing risks to users’ free speech, access to information and equality. Consequently, it is concluded, these technologies should not be the sole basis for reaching decisions that directly affect user expression.

scholarly journals Exploring Children’s Understanding of the Legal Rights of Suspects in England and Wales

Youth Justice ◽  
2021 ◽  
pp. 147322542110305
Author(s):  
Vicky Kemp ◽  
Dawn Watkins
Keyword(s):  
Human Rights ◽  
Young People ◽  
Legal Rights ◽  
International Human Rights ◽  
Children And Young People ◽  
England And Wales ◽  
Research Interviews ◽  
International Human ◽  
Points Of View ◽  
Human Rights Standards

While studies have explored adult suspects’ understanding of their legal rights, seldom are the experiences of children and young people taken into account. In this article, we discuss findings arising out of research interviews conducted with 61 children and young people; many of whom have experience of being suspects. From listening to their points-of-view, we find that children and young people fundamentally lack understanding of the rights of suspects, and especially the inalienable nature of those rights. We argue this is not surprising when children are being dealt with in an adult-centred punitive system of justice, which is contrary to international human rights standards.

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.

Foreword

2001 ◽  
Vol 95 (1) ◽  
pp. 1-6 ◽  
Author(s):  
Ruth Wedgwood ◽  
Harold K. Jacobson
Keyword(s):  
Human Rights ◽  
International Conflict ◽  
Political Identity ◽  
Marshall Plan ◽  
Political Space ◽  
Economic Community ◽  
Military Conflict ◽  
Postwar Europe ◽  
Social Balance ◽  
Human Rights Standards

The aftermath of military conflict can be an occasion for transforming politics and society. In postwar Europe, aided by the Marshall Plan, statesmen such as Jean Monnet and Konrad Adenauer rebuilt the smoking ruins of an international conflict into an economic community with a strong democratic ethos, a common political identity, and a workable social balance. The old rivalries of the continent were abated by joint-security commitments, and the sense of Europe as a political space was strengthened by the human rights standards of the Helsinki process.

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