scholarly journals Error Correction of Restrictive Measures: Appeals Made by Young People in Care

Young ◽  
2020 ◽  
Vol 29 (1) ◽  
pp. 81-96
Author(s):  
Laura Kalliomaa-Puha ◽  
Tarja Pösö ◽  
Virve-Maria Toivonen
Keyword(s):  
Human Rights ◽  
Young People ◽  
Error Correction ◽  
Child Protection ◽  
Access To Justice ◽  
Administrative Courts ◽  
The Right ◽  
Restrictive Measures

The article examines appeals against restrictive measures in child protection submitted to and decided upon by administrative courts in Finland. Restrictive measures used in care restrict children’s and young people’s fundamental and human rights considerably, meaning ‘confinement in fractions’. Therefore, young people’s access to justice is an important issue in situations in which they consider an error to have been made. We study appeals as a form of legal safety and as a means of error correction. Although young people, 12 years of age and older, have the right to appeal, the appeal system is mainly used by parents to appeal against restriction of contact. As such, the appeal system poorly protects young people’s individual access to justice, if at all. As only administrative courts can overturn the decision to apply restrictive measures, the adult-centeredness of the system and young people’s access to justice should be critically assessed and rethought.

Simoncioni v. Germany

2015 ◽  
Vol 109 (2) ◽  
pp. 400-406
Author(s):  
Riccardo Pavoni
Keyword(s):  
Human Rights ◽  
Crimes Against Humanity ◽  
Access To Justice ◽  
Constitutional Court ◽  
Sovereign Immunity ◽  
International Court Of Justice ◽  
International Court ◽  
Compensation Claims ◽  
The Right ◽  
Right Of Access

With Judgment No. 238/2014, the Italian Constitutional Court (hereinafter Court) quashed the Italian legislation setting out the obligation to comply with the sections of the 2012 decision of the International Court of Justice (ICJ) in Jurisdictional Immunities of the State (Germany v. Italy; Greece intervening) (Jurisdictional Immunities or Germany v. Italy) that uphold the rule of sovereign immunity with respect to compensation claims in Italian courts based on grave breaches of human rights, including—in the first place—the commission of war crimes and crimes against humanity. The Court found the legislation to be incompatible with Articles 2 and 24 of the Italian Constitution, which secure the protection of inviolable human rights and the right of access to justice (operative paras. 1, 2).

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

scholarly journals KEDUDUKAN DAN URGENSI HUKUMAN MATI TERHADAP PENANGGULANGAN PENGEDARAN NARKOTIKA DI INDONESIA DAN SEJUMLAH NEGARA DI DUNIA

2020 ◽  
Vol 9 (2) ◽  
pp. 155
Author(s):  
Zainul Arifin
Keyword(s):  
Human Rights ◽  
Young People ◽  
Death Penalty ◽  
Death Sentence ◽  
Legal Study ◽  
Life Sentence ◽  
The Law ◽  
The Right

Kedudukan hukuman mati terhadap pengedaran narkotika di Indonesia  sebagai strategi penanggulangan terhadap pengedaran narkotika  masih menimbulkan pihak yang menyetujui dan menolaknya. Pihak yang  menolak hukuman mati dikenakan pada pengedar nakotika dengan alasan hak asasi manusia atau hak keberlanjutan hidup terpidana, sedangkan ada kelompok yang menyetujui pelaksanaan hukuman mati yang juga dengan alasan demi kepentingan hak asasi manusia. Pihak yang menyetujui hukuman untuk pengedar ini menilai, bahwa sanksi yang dikenakan berupa hukuman mati dapat membuat jera atau takut calon-calon pelaku yang bermaksud mengedarkan narkotika atau hak hidup banyak generasi muda ikut diselamatkan menjadi korban kecanduan narkotika akibat ketakutan di kalangan calon-calon penjahat. hukuman mati bagi pengedar narkotika dalam kajian hukum positip sudah diatur dalam Undang-Undang Nomor. 35 tahun 2009 tentang Narkotika.Kata kunci: narkotika, hukuman, akibat, kedudukan, urgensi The death penalty for narcotics distribution in Indonesia as a counter strategy against narcotics distribution still raises those who approve and reject it. Parties that reject the death penalty are imposed on narcotics distributors on the grounds of human rights or the right to a life sentence, while there are groups that approve the execution of the death sentence as well as for the sake of human rights. The party who approved the sentence for the distributor ruled that sanctions imposed on the death penalty could scare or intimidate potential perpetrators who intend to distribute narcotics or livelihoods for many young people to be rescued as victims of narcotics addiction due to fear among potential criminals. the death penalty for narcotics traffickers in a positive legal study is set out in the Law of Numbers. 35 of 2009 on Narcotics. Keywords: narcotics, punishment, consequences, position, urgency

Risk and the European Convention on Human Rights: Towards a New Approach

2009 ◽  
Vol 11 ◽  
pp. 353-375 ◽  
Author(s):  
Christopher Hilson
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Nuclear Radiation ◽  
European Convention ◽  
Access To Justice ◽  
Public Concern ◽  
Initial Attempt ◽  
Liberal Conception ◽  
European Court ◽  
The Right

Abstract The aim of this chapter is to provide an initial attempt at analysis of the place of risk within the case law of the European Court of Human Rights (ECtHR) and, where appropriate, the Commission, focusing on the related issues of public concern and perception of risk and how the ECHR dispute bodies have addressed these. It will argue that, for quite some time, the Court has tended to adopt a particular, liberal conception of risk in which it stresses the right of applicants to be provided with information on risk to enable them to make effective choices. Historically, where public concerns in relation to particular risks are greater than those of scientific experts—nuclear radiation being the prime example in the case law—the Court has adopted a particularly restrictive approach, stressing the need for risk to be ‘imminent’ in order to engage the relevant Convention protections. However, more recently, there have been emerging but as yet still rather undeveloped signs of the Court adopting a more sensitive approach to risk. One possible explanation for this lies in the Court’s growing awareness of and reference to the Aarhus Convention. What we have yet to see—because there has not yet been a recent, post-Aarhus example involving such facts—is a case where no imminent risk is evident. Nevertheless, the chapter concludes that the Court’s old-style approach to public concern in such cases, in which it rode roughshod over rights to judicial review, is out of line with the third, access to justice limb of Aarhus.

Part III The Right to Justice, C Restrictions on Rules of Law Justified By Action to Combat Impunity, Principle 22 Nature of Restrictive Measures

2018 ◽  
Author(s):  
Pinzauti Giulia
Keyword(s):  
Human Rights ◽  
Theoretical Framework ◽  
Historical Background ◽  
Human Rights Violations ◽  
Criminal Prosecution ◽  
Legal Systems ◽  
Domestic Courts ◽  
Rules And Principles ◽  
The Right ◽  
Restrictive Measures

Principle 22 is an overarching guideline to states on the nature of the safeguards and restrictions that they may need to adopt and enforce in order to counter impunity more effectively. It is an umbrella provision listing certain rules or principles in national legal systems which might impede the criminal prosecution or other scrutiny of human rights violations by domestic courts. These rules and principles include those regulating amnesty, prescription (statutory limitations), extradition, the right to asylum, due obedience, repentance, the jurisdiction of military courts and the irremovability of judges. This chapter first provides a contextual and historical background on Principle 22 before discussing its theoretical framework and how the safeguards or restrictive measures outlined in Principle 22 have been applied in practice.

Deprivation of Liberty Safeguards

2019 ◽  
Vol 13 (1) ◽  
pp. 53-58
Author(s):  
Amanda McSorley
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Key Points ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Right ◽  
Restrictive Measures ◽  
Article 5 ◽  
Safe Care

Article 5 of the Human Rights Act, 1998 states that: ‘Everyone has the right to liberty and security of person. No-one shall be deprived of his or her liberty unless in accordance with a procedure prescribed in law.’ However, there are occasions when it is necessary and appropriate to deprive a person of their liberty in order to keep them safe from harm. Deprivation of Liberty Safeguards are the legal framework introduced in 2009 to ensure that this occurs only when absolutely necessary and no alternative, less restrictive measures can be utilised to ensure safe care. This article outlines the key points relating to DOLS, considering how they relate to GPs during their training and careers.

scholarly journals THE FULFILLMENT OF COMPREHENSIVE CHILD’S RIGHTS TO HEALTH IN CHILD DEVELOPMENT AGENCY (LPKA) OF KARANG ASEM, BALI

2017 ◽  
Vol 6 (1) ◽  
Author(s):  
Ani Purwanti
Keyword(s):  
Human Rights ◽  
Child Development ◽  
Child Protection ◽  
Social Impact ◽  
Central Government ◽  
Research Result ◽  
Right To Health ◽  
Child Rights ◽  
Development Agency ◽  
The Right

<p align="center"><strong>ABSTRACT<br /> </strong><strong></strong></p><p>This article aimed to investigate How is The fulfillment of the right to comprehensive child rights to health in Child Development Agency (LPKA) Karang Asem, Bali. The right to health is one of the rights of children that the State guarantees. The State’s  obligation to ensure the fulfillment of the right to health in which is regulated in Article 44 of Law number 35 of 2014 on the Amendment of Law number 23 of 2002 on Child Protection has to be implemented. Unfortunately, however, there is a paradigm of inconsistency between regulations relating to the purpose of parenting and child coaching.Paradigm change of special protection for   child in trouble with law as a protégé as regulated in Child’s Protection Law is still different from the Law Number 12 of 1995 on Correctional  System. The method used in this study is a qualitative empirical juridical approach. This interdisciplinary method is useful to get a thorough description related to facts of an implementation of a policy and its social impact. The research result concludes that The fulfillment of the right to comprehensive child rights to health in LPKA is the State’s responsibility, in this case are  <em>LPKA</em>, Local Government c.q /represented by the Office of Justice and Human Rights and the Office of Health and the Central Government represented by the Ministry of Justice and Human Rights and the Ministry of Health,  also society and parents.</p><p><strong>Keywords: child’s right, right to health, protection,</strong></p>

scholarly journals Implementation of Human Rights and the Mandatory Precedents in Foreign Trade, Legal Effectiveness: Mexico Case

2021 ◽  
Vol 9 (12) ◽  
pp. 153-164
Author(s):  
Laura Hernandez Ramirez
Keyword(s):  
United States ◽  
Human Rights ◽  
Foreign Trade ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Access To Justice ◽  
Court Of Justice ◽  
The Supreme Court ◽  
The Right ◽  
Right Of Access

We make an analysis of the implementation of human rights and the mandatory precedent in matters of Mexican foreign trade, in an administrative and judicial context in the search for legal effectiveness with constitutional control, highlighting the implementation of human rights contained in treaties commercial, such as access to justice and prompt and expeditious; We point out a recent case of human rights and foreign trade, with the implementation in the Mexican legal system, of the Free Trade Agreement Mexico United States Canada, before the Supreme Court of Justice of the Nation, as well as a possible proposal before the provisions of its Article 14.D.5, regarding the right of access to prompt and expeditious justice in investment matters, and avoiding the resolution of controversies before international arbitration panels that have been questioned.

Access to a Court in Matters Concerning Disputes of an Individual with the Public Administration in the Republic of Poland vs. the Standards of the Council of Europe

2016 ◽  
Vol 16 (1) ◽  
pp. 111-125
Author(s):  
Ewa Wójcicka
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Access To Justice ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Difference ◽  
The Republic ◽  
European Standards ◽  
Definition Of ◽  
The Right

Summary This paper focuses specifically on the fundamental part of the right to a fair trial, namely access to a court. The aim of this article is an attempt to analyse the difference between the requirements of European standards and how they are reflected in Polish legislation. First of all, I am going to analyze basic European standards specified in Article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, Recommendation Rec(2004)20 on the judicial review of administrative acts and in the jurisprudence of the European Court of Human Rights. Then I will focus on selected aspects of the problem of judicial review of administrative acts specified in the Act of 30th August 2002 Law on Proceedings before Administrative Courts. I will discuss several specific topics from this field, which can be considered as crucial in relation to access to court, namely: definition of terms for access to justice by an individual, exhausting administrative remedies before judicial review, locus standi and legal aid.

Art.13 Access to Justice

2018 ◽  
Author(s):  
Flynn Eilionóir
Keyword(s):  
Human Rights ◽  
Access To Justice ◽  
International Human Rights Law ◽  
Persons With Disabilities ◽  
Optional Protocol ◽  
System P ◽  
Human Rights Treaties ◽  
United Nations Convention ◽  
Effective Remedy ◽  
The Right

This chapter examines Article 13 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which represents the first expression of a stand-alone right to access justice in international human rights law. It explores how the drafters drew on concepts like the right to an effective remedy and the right to a fair hearing in other UN human rights treaties, to develop a unique treaty provision on access to justice for persons with disabilities in the CRPD. It further considers how this right has been interpreted by the UN Committee on the Rights of Persons with Disabilities in its Concluding Observations to date. Further, the chapter explores the extent to which the article has been interpreted and applied in domestic and regional courts. Finally, it highlights individual complaints made under the Optional Protocol concerning the interpretation of Article 13 and any references to this provision by other treaty bodies and independent mechanisms within the UN system.

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