Social Rights as Components in the Civil Right to Personal Liberty: Another Step Forward in the Integrated Human Rights Approach?

2002 ◽  
Vol 20 (1) ◽  
pp. 29-51 ◽  
Author(s):  
Ida Elisabeth Koch
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Close Connection ◽  
Social Rights ◽  
Legal Principles ◽  
Personal Liberty ◽  
European Court ◽  
Legal Implications ◽  
The Social ◽  
Dividing Line

The article seeks to get closer to an understanding of the legal implications of the notion of the indivisibility of human rights as distinct from the philosophical implications. While the first part of the article (Sections I-IV) deals with the notion of indivisibility in a general way by discussing possible interpretations and legal principles for pursuing an integrated human rights approach, the second part of the article (Sections V-VIII) deals with indivisibility in the concrete context of deprivation of liberty for medical or social reasons. Despite increased awareness of the possibilities of an integrated human rights approach, the European Court of Human Rights has in this particular context been reluctant to accept a blurred dividing line between social and civil rights. By emphasising the close connection between the existence of treatment and the duration of the confinement, the article, however, argues that fulfilment of the civil right to personal liberty is dependent on recognition of the interdependence between social rights and civil rights. Even though social and civil rights have been separated into two conventions proportionality and teleological considerations lead to the conclusion that the (social) right to treatment ought to be considered an integrated component of the (civil) right to personal liberty.

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.

THE BOUNDARIES PROBLEM OF THE 1950 EUROPEAN CONVENTION DYNAMIC INTERPRETATION ON HUMAN RIGHTS ON THE EXAMPLE OF ENSURING THE SOCIAL RIGHTS OF CONVICTS

2021 ◽  
Vol 7 (1) ◽  
pp. 112-125
Author(s):  
Andrew Yu. KLYUCHNIKOV
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Current Approach ◽  
European Convention ◽  
Social Rights ◽  
Dynamic Interpretation ◽  
European Court ◽  
The Social ◽  
The Right ◽  
The Impact

The 1950 Convention for the Protection of Human Rights and Fundamental Freedoms is an instrument for the dynamic development of the human rights system in the member states of the European Council. Such an active formation of the latter is due to the activities of the European Court of Human Rights. However, the case-law of the court is not always accepted in national jurisdictions, especially when it comes to the most sensitive areas of life in modern societies. As the goal of the research, the author sets out the identification of the current approach of this international court to the problem of social rights of convicts, especially in the context of ensuring their social rights. The material for the research was the case-law of the ECHR on the social rights of citizens - with special attention to the rights of persons in places of isolation from society, the legal positions of domestic researchers on the problem posed. The author uses traditional research methods - general scientific and special, with an emphasis on historical, social and legal methods. The paper describes the stages of the international soft law sources formation on penitentiary rules and the impact on this of the ECHR practice in the context of the discrimination standarts prohibition regarding the right of ownership and violation of the forced (compulsory) labor prohibition. A common European standard “the right of a convicted person to retire” has not yet been developed, which has been confirmed in the practice of the ECHR. This decision is due to the need to maintain the effectiveness of the entire convention system, the policy of compromises with states. Through the dynamic interpretation of the ECHR, this right is recognized as an element of the convention rights protection, the convict should be granted an increasing amount of social rights.

The Council of Europe, the European Convention on Human Rights and the Social Charter

2020 ◽  
pp. 41-52
Author(s):  
Liz Griffith
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Social Rights ◽  
Political Rights ◽  
Council Of Europe ◽  
Economic Rights ◽  
European Court ◽  
The Social ◽  
The Cold War ◽  
Social And Economic Rights

Chapter 3 provides a critical perspective on the establishment of the Council of Europe and its development of human rights mechanisms amongst Western European powers during the Cold War. It discusses attempts to address the lack of coverage of social and economic rights in the ECHR, with the development of the European Social Charter and the Committee of Social Rights and looks at the Council of Europe’s differing approaches to civil and political rights (and the jurisdiction of the European Court of Human Rights) and the social and economic rights contained in the Social Charter (with oversight by the Committee of Social Rights). It outlines some of the strengths and weaknesses relating to enforcement and realisability of these differing sets of rights.

scholarly journals Socialinės teisės Europos žmogaus teisių teismo praktikoje

Teisė ◽  
2008 ◽  
Vol 66 (2) ◽  
pp. 21-43 ◽  
Author(s):  
Dr. Danutė Jočienė
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Social Issues ◽  
European Convention ◽  
Social Rights ◽  
Effective Implementation ◽  
European Court ◽  
The Social ◽  
New Interpretation ◽  
Rights Issues

The present Article deals with the question of interpretation of social rights in the jurisprudence of the European Court of Human Rights (thereafter – the Court)1. In the article the Author analyses the social rights’ issues under the European Convention on Human Rights and their interpretation given by the European Court of Human Rights. Social rights were not included into the text of the Convention adopted in 1950. Nevertheless, the Court has opened the door for a new interpretation of human rights enshrined in the Convention taking into account the social issues of the rights involved and setting up new tenden­cies for their full and effective implementation at international and national levels. Different social rights’ issues, arising in the applications submitted to the Court, especially in the last years, raise the discussion whether exclusion of social rights can still be regarded as legitimate and where there is already a need to include expressly the social rights into the text of the Convention or, whether, the protection of social rights is sufficient under the provisions of the European Social Charter and under the broader interpreta­tion of such rights provided for by the European Court of Human Rights. Straipsnyje analizuojama socialinių teisių aiškinimo ir taikymo klausimai Europos žmogaus teisių teismo praktikoje. Pažymėtina, kad socialinės teisės nebuvo įtrauktos į Europos žmogaus teisių konvencijos teks­tą, priimtą 1950 m., todėl peticijos dėl socialinių teisių gynimo buvo atmetamos kaip nesuderinamos su Konvencijos nuostatomis. Ilgainiui, vykstant socialiniams pokyčiams ir plečiantis teisių, numatytų Kon­vencijoje, aiškinimo ir taikymo riboms, Europos žmogaus teisių teismas ėmė aiškinti Konvencijoje numa­tytas teises plačiau, apimdamas ir atitinkamus socialinių teisių aspektus. Straipsnyje taip pat keliamas klausimas, į kurį kol kas negalima rasti vienintelio atsakymo, ar ne laikas būtų aiškiai įtraukti socialinių teisių kategoriją į Europos žmogaus teisių konvencijoje numatytų teisių sąrašą, ar vis dėlto užtenka Teis­mo plečiamo aiškinimo šių teisių atžvilgiu bei Europos socialinės chartijos nuostatų.

The idea of social human rights as interpreted by representatives of the school of revived natural law in Russia at the end of the 19th – beginning of the 20th centuries

2020 ◽  
pp. 417-425
Author(s):  
Angelina Lapayeva
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Natural Law ◽  
Social Rights ◽  
Political Rights ◽  
Social Equality ◽  
Important Place ◽  
Constitutional State ◽  
The Social ◽  
The Right

We analyze the representatives’ views of the school of revived natural law on the social human rights problem. We note that a key milestone in the state and legal transformations of Russia at the beginning of the 20th century was the consolidation of civil rights and freedoms for Russian citi-zens. We establish that representatives of the school of revived natural law developed a theory of individual rights and freedoms in the context of the re-lationship between the constitutional state with the ethics and morality prob-lems. We doctrinally justify that social rights, along with political rights, oc-cupied an important place in the catalog of human rights classification developed by scientists, due to the fact that they were associated with values such as social justice and social equality. We offer arguments indicating that representatives of the school of revived natural law considered the right to a dignified human existence as the source of social rights emergence, which were a prerequisite for the individual’s social emancipation and an attempt to transform the estate society into a civil one.

Recent jurisprudence of the European Court of Human Rights relevant to employment law

2018 ◽  
Vol 9 (3) ◽  
pp. 287-298
Author(s):  
Adalberto Perulli ◽  
Elena Sychenko
Keyword(s):  
Human Rights ◽  
Integrated Approach ◽  
European Convention ◽  
Social Rights ◽  
Employee Privacy ◽  
European Court ◽  
The Social ◽  
Regulatory Instruments ◽  
Forced Labour ◽  
The Relationship

In the field of regulatory instruments in the social field, the European Convention on Human Rights (ECHR) and the related jurisprudence of the Court of European Court of Human Rights (ECtHR) deserves renewed focus. In recent years considerable debate has developed over the relationship between social rights and human rights, and the jurisprudence of the ECtHR has clearly demonstrated the growing value of human rights in the workplace. The Court explored the growing facets of the ban on forced labour and discrimination; developed the idea of employee privacy and contributed to the protection of their freedom of religion, expression and association; recognised the ‘vulnerability’ of the employee in the employment relationship and has drawn from it the principle that a restriction on hiring practices or certain dismissal practices may have a ‘chilling effect’ on the exercise of the rights provided for by the Convention. In essence, thanks to a sensitivity towards the social and labour field, and due to the integrated approach adopted by the Court of Strasbourg, the scope of the ECHR has been broadly extended to include the protection of certain social rights of a collective nature.

Council of Europe

2018 ◽  
Author(s):  
Oliver Lewis
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Social Rights ◽  
Council Of Europe ◽  
Persons With Disabilities ◽  
European Committee ◽  
European Court ◽  
Human Rights Treaties ◽  
Fundamental Freedoms ◽  
Two Bodies

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and Fundamental Freedoms (ECHR)) and the European Committee of Social Rights—and outlines their mandates with regard to integrating UN human rights treaties. It analyses how these two bodies have cited the Convention on the Rights of Persons with Disabilities (CRPD). The dataset was forty-five cases dealt with by the Court and two collective complaints decided by the Committee that cite the CRPD up to 2016. Notwithstanding the relatively small size of the dataset, the conclusions are that the Council of Europe system has yet to engage seriously in the CRPD’s jurisprudential opportunities. The reasons for this cannot be ascertained from a desk-based methodology, and further research is required.

An Intimate Yet Anglo-Centric Account of a Renaissance Human Rights Man

2021 ◽  
Vol 54 (1) ◽  
pp. 120-134
Author(s):  
Dilek Kurban
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Civil Rights Movement ◽  
Social Inequalities ◽  
Political Conflict ◽  
Power Dynamics ◽  
Legal Scholar ◽  
Minority Community ◽  
The United Kingdom ◽  
The Social

In his well-researched biography, Mike Chinoy chronicles Kevin Boyle's life and career as a scholar, activist and lawyer, bringing to light his under-appreciated role in the civil rights movement in Northern Ireland and the efforts to find a peaceful solution to the conflict, as well as his contributions to human rights movements in the United Kingdom, Europe and the world. Are You With Me? is an important contribution to the literature on the actors who have shaped the norms, institutions and operations of human rights. In its efforts to shed light on one man, the book offers a fresh alternative to state-centric accounts of the origins of human rights. The book offers a portrait of a social movement actor turned legal scholar who used the law to contest the social inequalities against the minority community to which he belonged and to push for a solution to the underlying political conflict, as well as revelations of the complex power dynamics between human rights lawyers and the social movements they represent. In these respects Are You With Me? also provides valuable insights for socio-legal scholars, especially those focusing on legal mobilisation. At the same time the book could have provided a fuller and more complex biographical account had Chinoy been geographically and linguistically comprehensive in selecting his interviewees. The exclusion of Kurdish lawyers and human rights advocates is noticeable, particularly in light of the inclusion of Boyle's local partners in other contexts, such as South Africa.

SOCIAL HUMAN RIGHTS: GENERAL THEORETICAL CHARACTERISTIC

2017 ◽  
Author(s):  
Lyudmyla Bogachova ◽  
◽  
Tetiana Herhulenko ◽  
Keyword(s):  
Human Rights ◽  
Negative Impact ◽  
Deep Understanding ◽  
Social Rights ◽  
Historical Aspect ◽  
Social Sphere ◽  
The Social ◽  
Housing Rights ◽  
Social Code ◽  
The Welfare State

In the article, within the framework of the general exploration of human rights was made an attempt to substantiate the importance of social rights as a separate category of rights that belongs to the «second generation» of human rights and needs analysis within the state and legal reality. Attention was paid to the historical aspect of the development of social rights. The events, that inevitably influenced the emergence, development and ideological justification of the need for recognition of social rights are analyzed, the causal links involved in their formation are also indicated. In publication the connection of social rights with the concept of the welfare state is revealed, the main purpose of this state is to promote the realization of these rights. The fundamental features of this form of organization of government and society make it possible to evaluate the great dependence of the realization of social rights on socially oriented policy and economy of the country. For a deep understanding of the essence and ideas embedded in the content of social rights, the features and characteristics of this category of rights are studied. Attention is also paid to the different approaches to the concept of social rights expressed by researchers in this issue. The sources in which social human rights are legally fixed are considered (the Universal Declaration of Human Rights, the European Social Charter, the Constitution of Ukraine, the German Social Code). Also there is a comparative analysis of the enshrinement of these rights in courses mentioned above. Particular attention is paid to the characteristics of social rights listed in the German Social Code, as well as to the content of the agreement between Ukraine and Germany about cooperation in the social sphere. Great attention in the publication is paid to the studying of events in Ukraine that hinder the realization of social rights. The coronavirus pandemic and military events in the East of the country have negative impact on the implementation of social rights. The statistical data confirming the violation of the housing rights and medical care at present are given. Conclusion is formulated about the need of analyzing social rights as a specialized group of human rights, which have passed a significant historical path of formation and have unique characteristics and features.

scholarly journals The social doctrine of the catholic church as a foundation for the emergence of the legal regulation in the area of social protection in Europe

2020 ◽  
pp. 353-357
Author(s):  
Mykhailo Shumylo
Keyword(s):  
Human Rights ◽  
Welfare State ◽  
Catholic Church ◽  
Social Protection ◽  
Legal Regulation ◽  
Social Rights ◽  
Holy See ◽  
Social Doctrine ◽  
The Social ◽  
The Catholic Church

The social doctrine of the Catholic Church is an indication of the active involvement of the Church in disseminating the ideas ofthe welfare state and it reflects its attempts to establish ideals of the welfare state through an external influence on the ideology of countriesthat belong to Christendom.Furthermore, one cannot ignore the fact that encyclicals had a direct or indirect influence on the adoption of the first social protectionacts in Catholic Europe where encyclicals played an important role.As a result, the Holy See aligned itself with the labour movement.Considering the fact that papal encyclicals covered the entire Catholic World, these documents can be viewed as an example ofinternational soft law.The first social rights, principles, and values in the area of social protection were enshrined in the encyclicals.Social rights belong to second-generation human rights the legal basis for which comprises international instruments adoptedafter the Second World War (the Universal Declaration of Human Rights (1948), the Convention for the Protection of Human Rightsand Fundamental Freedoms (1950), the International Covenant on Economic, Social and Cultural Rights (1966), the European SocialCharter (Revised) (1965–1996), the European Code of Social Security (1964), meaning 50 years after these rights were enshrined inpapal encyclicals.There is an indisputable fact that has still not been discussed in scientific research on social protection and according to whichthe social doctrine of the Catholic Church can be viewed as an inherent part of the process of occurrence, formation, and developmentof social protection, and it can be regarded as an ideological framework, a source of social rights and principles of social protection.Considering the above-mentioned findings, the social doctrine of the Catholic Church can be defined as the body of legislationadopted by the Holy See regarding the status and development of social and labour rights, their place in a person’s life and in publiclife. Papal encyclicals form the basis of that legislation and they are addressed to believers, bishops, and archbishops.

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