scholarly journals The legal status of religious minorities: Exploring the impact of the European Court of Human Rights

2018 ◽  
Vol 65 (1) ◽  
pp. 25-42 ◽  
Author(s):  
Effie Fokas
Keyword(s):  
Qualitative Research ◽  
Human Rights ◽  
Indirect Effects ◽  
Legal Status ◽  
Legal Reform ◽  
Direct Effects ◽  
Religious Minorities ◽  
European Court ◽  
Grassroots Level ◽  
The Impact

In the last 25 years the European Court of Human Rights (ECtHR) has evolved into a venue where some of the most contentious questions related to religion in European society are addressed. This article focuses on the grassroots level impact of the ECtHR in the domain of legal status of religious minorities. In light of scholarly debates questioning the direct effects of courts on the issues they address (i.e., legal reform and policy change), the research on which this article is based explores the nature and extent of the Court’s indirect effects on the legal status of religious minorities: how and to what extent does the ECtHR impact upon religious minorities in terms of their conceptions of, discourse around, and mobilisations pursuing their legal status-related rights? This question is addressed through results of empirical qualitative research conducted at the grassroots level in four country cases – Greece, Italy, Romania and Turkey.

scholarly journals Religion and Education in the Shadow of the European Court of Human Rights

2018 ◽  
Vol 12 (S1) ◽  
pp. S1-S8
Author(s):  
Effie Fokas
Keyword(s):  
Human Rights ◽  
Indirect Effects ◽  
Court Decisions ◽  
Social Actors ◽  
European Court ◽  
Public Consciousness ◽  
Grassroots Level ◽  
Critical Insight ◽  
The Impact ◽  
Insight Into

AbstractThis article presents a symposium on the “indirect effects” of the European Court of Human Rights jurisprudence on the place of religion in the educational sphere. The symposium showcases empirical research providing critical insight into how the Court's decisions may influence related domestic debates, raise public consciousness, and change how social actors perceive their rights and articulate their right claims in the area of religion and education. The research underpinning this symposium represents a clear departure from existing scholarship in this domain: it examines the impact of the Court not from the top-down (Court impact on states and their legislative frameworks) but from grassroots level upwards, in seeking to understand whether, how and to what extent Court decisions influence grassroots level actors' conceptions of their rights in the domain of religion and education and their efforts to secure new rights vis-à-vis their states.

scholarly journals PREVENTION OF TORTURE ON THE TEMPORARILY OCCUPIED TERRITORIES OF UKRAINE

2021 ◽  
pp. 142-147
Author(s):  
Kh. Yamelska
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Effective Means ◽  
The State ◽  
Council Of Europe ◽  
European Court ◽  
Occupied Territories ◽  
The Government ◽  
Legal Pressure ◽  
The Impact

The article reveals the content of armed aggression and the legal status of the temporarily occupied territories of Ukraine. Russia's aggression against Ukraine is considered in historical retrospect. Cases of torture and other ill-treatment on the temporarily occupied territories have been demonstrated in specific cases. The article examines the state of human rights on the temporarily occupied territories, namely the prevention of torture and other ill-treatment. Ways to prevent torture and ill-treatment in order to respect human rights and maintain the rule of law have been identified. The author determined that system of counteraction to aggression of Russia, which consists the political, legal and economic means, includes the prevention of torture and ill-treatment.The author notes that the adoption of UN GA resolutions and other documents of the Committee of Ministers of the Council of Europe, the Parliamentary Assembly of the Council of Europe, the Organization for Security and Co-operation in Europe are new elements of increasing legal pressure on Russia. The submission of interstate applications by the Government of Ukraine to the European Court of Human Rights against the Russian Federation is one of the effective means of preventing torture. The article reveals the impact of expert and advocacy activities of non-governmental human rights organizations on the prevention of torture and the state of human rights on the temporarily occupied territories. It is noted that maintaining contacts with the citizens of the Autonomous Republic of Crimea, constant informing, as well as obtaining information by the Ukrainian side on the state of human rights in the temporarily occupied territory provides an opportunity to partially prevent such violations and allow future reintegration of these territories. Keywords: prevention of torture, temporarily occupied territories, armed aggression, observance of human rights.

The Journalist—Source Relationship in Context: A Comparative Review of US and English Law

2009 ◽  
Vol 38 (3) ◽  
pp. 268-294
Author(s):  
Stuart Wallace
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
State Level ◽  
Potential Threat ◽  
Shield Law ◽  
Special Procedure ◽  
European Court ◽  
Comparative Review ◽  
The Uk ◽  
The Impact

This paper analyses the legal protection of the journalist–source relationship from both sides and the underlying interests involved. The paper begins by analysing why the relationship deserves protection. The position of journalists at common law is analysed with a discussion of the application of the principle established in Norwich Pharmacal v Customs and Excise to journalists. The development of immunity from contempt in s. 10 of the Contempt of Court Act 1981 is examined to illustrate the ideological clash between the judiciary and journalists. The impact of the Human Rights Act and decisions of the European Court of Human Rights are analysed to assess whether this will lead to a change in attitudes in the UK. Finally, the potential threat to journalists posed by compelled evidentiary disclosure in criminal cases is reviewed, with a particular look at ‘special procedure’ material. The US section begins with an analysis of the law at federal level, the decisions of the Supreme Court, including the leading decision of Branzburg v Hayes, as well as the role the legislature has played. The paper then analyses protections provided at state level, with a case study of the California shield law and a review of Californian jurisprudence.

Domestic Investigation and Prosecution of Atrocities Committed during Military Operations: The Impact of Judgments of the European Court of Human Rights

2013 ◽  
Vol 46 (3) ◽  
pp. 369-404
Author(s):  
Silvia Borelli
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Full Potential ◽  
Remedial Measures ◽  
Legal Systems ◽  
Military Operations ◽  
Council Of Europe ◽  
Proactive Approach ◽  
European Court ◽  
The Impact

The undeniable impact of the European Convention on Human Rights on the legal systems – and the wider society – of Member States of the Council of Europe would not have been possible without its unique monitoring system, centred around the European Court of Human Rights and the Committee of Ministers of the Council of Europe. The present article assesses the extent to which the European Court's judgments that have found violations of the procedural obligations under Articles 2 and 3 of the Convention to investigate unlawful killings, disappearances, acts of torture or other ill-treatment have, in fact, led to an improvement in the capability of the domestic legal systems of states parties to ensure accountability for such abuses. On the basis of four case studies, it is concluded that the European Court's judgments, coupled with the supervisory powers of the Committee of Ministers, have the potential to make a very great impact on the capability of domestic legal systems to deal with gross violations of fundamental human rights, and have led to clear and positive changes within the domestic legal systems of respondent states. Nevertheless, this is by no means always the case, and it is suggested that, in order for the Convention system to achieve its full potential in the most politically charged cases, the European Court should adopt a more proactive approach to its remedial powers by ordering specific remedial measures, to include in particular the opening or reopening of investigations.

scholarly journals Religious Expertise: Russian Experience

2013 ◽  
pp. 154-164
Author(s):  
Katerina Elbakyan
Keyword(s):  
Human Rights ◽  
The State ◽  
Religious Organizations ◽  
Religious Minorities ◽  
European Court

In modern Russia, one often hears about the claims of state bodies to certain religious organizations, mainly related to the so-called “religious minorities”. The result is judicial precedents, when individual religious organizations are forced, often repeatedly, to appeal to the courts of various instances, including the European Court of Human Rights, in order to solve their problems. Sometimes, on the contrary, the state makes charges against religious organizations.

scholarly journals The impact of public interest in the information privacy: Analyze of the ECtHR Decisions

2017 ◽  
Vol 6 (1) ◽  
pp. 1-8
Author(s):  
Jorida Xhafaj ◽  
Almarin Frakulli
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Family Life ◽  
Personal Information ◽  
Personal Data ◽  
Information Privacy ◽  
Public Institutions ◽  
Public Security ◽  
European Court ◽  
The Impact

The main object of this paper is the tender balance that exists and arises even more between the use of personal information that people provide in the course of most public security actions and privacy. This study analyze the most famous and strong related decision of the European Court of Human Rights, with the aim to give our opinion how has to be understand the barrier between the power of individuals over information and the power of public institutions to guaranties security. The protection of personal data is of fundamental importance to a person’s enjoyment of his or her right to respect for private and family life, and how law allocates power over information in different countries, will give us the possibility to define the most important criteria’s which define the existence of abuse or not over personal data and information.

scholarly journals Public Morality as a Legitimate Aim to Limit Rights and Freedoms in the National and International Legal Order

2019 ◽  
pp. 10-20
Author(s):  
Anna Młynarska-Sobaczewska ◽  
Katarzyna Kubuj ◽  
Aleksandra Mężykowska
Keyword(s):  
Human Rights ◽  
Moral Judgments ◽  
Moral Issues ◽  
National Courts ◽  
European Court ◽  
Starting Point ◽  
International Legal Order ◽  
Protection Of Human Rights ◽  
Human Rights Standards ◽  
The Impact

Domestic legislation and international instruments designed for the protection of human rights provide for general clauses allowing limitations of rights and freedoms, e.g. public morals. A preliminary analysis of the case-law leads to the observation that both national courts and the European Court of Human Rights, when dealing with cases concerning sensitive moral issues, introduce varied argumentation methods allowing them to avoid making direct moral judgments and relying on the legitimate aim of protecting morality. In the article the Authors analyse selected judicial rulings in which moral issues may have played an important role. The scrutiny is done in order to identify and briefly discuss some examples of ways of argumentation used in the area under discussion by domestic and international courts. The identification of the courts’ methods of reasoning enables us in turn to make a preliminary assessment of the real role that the morality plays in the interpretation of human rights standards. It also constitutes a starting point for further consideration of the impact of ideological and cultural connotations on moral judgments, and on the establishment of a common moral standard to be applied in cases in which restriction on human rights and freedoms are considered.

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