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.

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.

3 Right to be Presumed Innocent

2021 ◽  
Author(s):  
Clooney Amal ◽  
Webb Philippa
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Burden Of Proof ◽  
Reasonable Doubt ◽  
International Human Rights ◽  
The Rule Of Law ◽  
Human Rights Treaties ◽  
International Human ◽  
Assessment Of Evidence ◽  
The Right

This chapter focuses on the right to be presumed innocent, one of the most ancient and important principles of criminal justice, and a prerequisite for any system based on the rule of law. The right is absolute and non-derogable and, at its core, prohibits convictions that are predetermined or based on flimsy grounds. International human rights bodies have therefore found that where a conviction is based on non-existent, insufficient, or unreliable evidence, the presumption has been violated and a miscarriage of justice has occurred. More frequently, international human rights bodies have applied the presumption to require specific procedural protections during a trial. These include guarantees that the prosecution bears the burden of proving a defendant’s guilt beyond reasonable doubt, and that the defendant should not be presented or described as a criminal before he has been proved to be one. The chapter concludes that the presumption is protected in similar terms in international human rights treaties, but also highlights divergences in international jurisprudence relating to the standard for finding that a court’s assessment of evidence violates the presumption, the permissibility of reversing the burden of proof, and the extent to which the presumption applies after a trial has been completed.

13. The right to life

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
National Security ◽  
Death Penalty ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
Security Forces ◽  
International Human ◽  
The Right

This chapter examines African, American, European, and international jurisprudence on the right to life. It discusses the positive obligation incumbent on States to protect life; the permissible deprivation of life (the death penalty, death caused by national security forces, and death during armed conflict); and the issue of genocide. The chapter concludes that the right to life is of paramount importance in international human rights law. International law covers not only the straightforward human rights aspects, but also extends to the prevention and punishment of the crime of genocide.

Part IV The Right to Reparation/Guarantees of Non-Recurrence, A The Right to Reparation, Principle 32 Reparation Procedures

2018 ◽  
Author(s):  
d’Argent Pierre ◽  
de Ghellinck Isabelle
Keyword(s):  
Human Rights ◽  
Theoretical Framework ◽  
Historical Background ◽  
International Level ◽  
Human Right ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right ◽  
Procedural Aspect

Principle 32 deals with the procedural aspect of the right to reparation, that is, the right for victims of human right violations to access remedial procedures. It addresses three issues: the right to access remedial procedures, procedural requirements of national reparation programmes, and regional and international procedures. While the obligation of states to provide effective remedies is enshrined in most of, if not all, the key international human rights treaties, Principle 32 provides for a right to all victims to access remedies. ‘Reparation’ and ‘remedies’ are both envisioned as victims’ rights, but the distinction between them is vague. After providing a contextual and historical background on Principle 32, this chapter discusses its theoretical framework and how the reparation procedure, judicial or administrative, dealing with gross violations of human rights at national or international level has been implemented.

The European Court of Human Rights has the Turkish Security Forces Held Responsible for Violations of Human Rights: The Case of Akdivar and Others

1997 ◽  
Vol 10 (1) ◽  
pp. 99-110 ◽  
Author(s):  
Leo Zwaak
Keyword(s):  
Human Rights ◽  
Private Life ◽  
Violent Conflict ◽  
European Convention ◽  
Eastern Region ◽  
Human Right ◽  
Security Forces ◽  
South Eastern ◽  
European Court ◽  
The Right

In this article, special attention will be given to the recent judgment of the European Court of Human Right in the case of Akdivar and Others v. Turkey. Since 1985, a violent conflict has raged in the South-Eastern region of Turkey, between the Turkish security forces and sections of the Kurdish population in favour of Kurdish autonomy, in particular members of the PKK (Workers' Party of Kurdistan). Since 1987, 10 of the 11 provinces of South-Eastern Turkey have been subjected to emergency rule, which was in force at the time of the facts complained of. The main issue in this case concerned the fact that during this conflict, a large number of villages have been destroyed and evacuated by the security forces. According to the applicants, the alleged burning of their houses by the security forces constituted, inter alia, a violation of Article 3 (the prohibition of torture and inhuman treatment or punishment) and Article 8 (the right of respect for private life, family life, and home) of the European Convention on Human Rights (ECHR), and Article 1 of Protocol No. 1 (property rights).

scholarly journals The problem of applying reservations to international human rights agreements

2021 ◽  
pp. 68-73
Author(s):  
Ivanna Maryniv ◽  
Liubov Rudai
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Regulation ◽  
European Convention ◽  
Effective Control ◽  
International Treaties ◽  
International Human Rights ◽  
European Court ◽  
Human Rights Treaties ◽  
International Human

A problem statement. Human rights law, as a branch of public international law, to date, is mainly codified and consists mainly of treaty rules contained in universal and regional conventions. At the same time, in most cases, the parties to these agreements make reservations of both a substantive and procedural nature that apply to all generations of human rights. The question arises as to the legitimacy of the reservations declared by states to international acts on human rights and freedoms. Аnalysis of research and publications. Many international lawyers deal with the issue of reservations to human rights treaties and their validity. Thus, the works of E.S. Alisievich, are devoted to this issue, I.I. Lukashuk, V.G. Butkevich, V.L. Tolstoy, M.V. Buromensky and others. However, there are a number of problems with the legal regime of reservations to human rights treaties. The main thesis that reveals their essence is that there is no mechanism for effective control over the legitimacy of such reservations. The main text. The article considers the concept of reservations to international treaties, examines the problem of issuing reservations to international human rights treaties. The application of the institution of reservations is studied on the example of certain international treaties in the field of human rights, such as: the European Convention on Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the African Charter on Human and Peoples’ Rights. The case law of the European Court of Human Rights on the application of reservations to the European Convention on Human Rights is studied. Conclusions. Today, the sovereign right of every state to stipulate international treaties is firmly established in international law, but there is no clear legal regulation of this institution that would prevent abuses by states in this area. We see the need to further study the institution of reservations to human rights treaties, its development and the development of general principles, procedures, and control over their legitimacy.

scholarly journals Conflict over Conflict: The Right to Strike in International Law

2017 ◽  
Vol 8 (1) ◽  
Author(s):  
Diane F Frey
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Political Rights ◽  
International Labour Organisation ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right

<p>The existence of a right to strike under international law has been challenged by the International Organization of Employers since the late 1980s. The employer group claims that no such right exists under international law and has been moving to undermine recognition of the right at the International Labour Organisation (ILO). This article examines the right to strike in international human rights law. It considers specifically the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) and finds that the right to strike exists in both of these treaties. Further, the article demonstrates that while the ILO employers group may challenge the existence of the right to strike, its government members have overwhelmingly ratified international human rights treaties contradicting the employer group's position that there is no such right.</p>

scholarly journals STATE SOVEREIGNTY, INTERNATIONAL HUMAN MOBILITY AND HUMAN RIGHTS

2015 ◽  
Vol 12 (5) ◽  
pp. 198
Author(s):  
Luís Renato Vedovato ◽  
Samyra Haydêe Dal Farra Naspolini
Keyword(s):  
Human Rights ◽  
Human Mobility ◽  
The State ◽  
State Sovereignty ◽  
International Human Rights ◽  
The Past ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right

International human mobility and human rights can be linked by the dinamogenesis theory. The State sovereignty isn’t the same it was in the past. The State can’t decide about the right to entry without consider international human rights treaties. The nationality has an important row in finding how dinamogenesis can modify the interpretation of the State sovereignty. The right to entry is built in the evolution of human rights. Now State has no more the discretion to decide who can enter its territory, due to dinamogenesis and human rights.

scholarly journals El Estado como garante de los derechos de los pueblos originarios en Argentina / The argentinian State as guarantor of aboriginal’s rights

2019 ◽  
pp. 164-171
Author(s):  
María Florencia Blanco Pighi
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Legal Protection ◽  
Right To Health ◽  
International Human Rights ◽  
Derechos Humanos ◽  
Court Of Justice ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right

Los derechos humanos de los pueblos originarios, entre ellos, el derecho a la salud, son reconocidos por la Constitución Argentina, por tratados internacionales ratificados por nuestro país, por la normativa interna y por las constituciones provinciales. La Corte Suprema de Justicia de la Nación, mediante el fallo en análisis, establece que la protección de estos derechos debe asegurarse por la vía más idónea, y que, al existir una acción de amparo en curso, la medida cautelar de interposición más reciente, debe ser rechazada.   The Argentinian Constitution, the international human rights treaties ratified by Argentina, the argentine internal regulations and the constitution of several provinces, recognize the aboriginal´s human rights, including the right to health. In the judgment in analysis, the Argentinian Supreme Court of Justice, states that the protection of those rights needs to be accomplish by the most suitable way. When a legal protection action is in curse, the most recently filed action must be rejected.

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