The Oviedo Convention: A European Legal Framework at the Intersection of Human Rights and Health Law

2005 ◽  
Vol 2 (4) ◽  
Author(s):  
Roberto Andorno
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
European Convention ◽  
Political Rights ◽  
General Terms ◽  
Human Rights Treaties ◽  
Protection Of Human Rights ◽  
History Of ◽  
Degrading Treatment ◽  
First Time

AbstractIntroductionThe European Convention on Human Rights and Biomedicine of 1997 (“Oviedo Convention“) is the best current example of how to promote the protection of human rights in the biomedical field at a transnational level. The importance of this instrument lies in the fact that it is the first comprehensive multilateral treaty addressing biomedical human rights issues. Certainly, some of the principles it contains were already included in more general terms in previous international human rights treaties, such as the International Covenant on Civil and Political Rights of 1966 and the European Convention on Human Rights of 1950 (e.g. the rights to life, to physical integrity and to privacy, the prohibition of inhuman or degrading treatment and of any form of discrimination). However, this is the first time that these rights have been developed and assembled in one single multilateral binding instrument entirely devoted to biomedical issues.The purpose of this paper is, first, to give an overview of the history of the Convention; second, to present its general characteristics; and finally to summarize its key provisions.

scholarly journals TEDH ante la violencia contra la mujer

2020 ◽  
Author(s):  
Maite Carretero Sanjuan
Keyword(s):  
Human Rights ◽  
Gender Violence ◽  
European Convention ◽  
Derechos Humanos ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
History Of ◽  
Degrading Treatment ◽  
First Time

El Tribunal Europeo de Derechos Humanos (TEDH), como máxima autoridad para la garantía de los derechos humanos y libertades fundamentales en Europa, tiene como finalidad específica la de garantizar el cumplimiento del Convenio Europeo de Protección de los Derechos Humanos y Libertades Fundamentales (CEDH), firmado en Roma, el 4 de noviembre de 1950. Si bien este texto, en sí, no contiene una regulación de específica protección para los casos de violencia de género y otros tipos de violencia contra la mujer, la casuística es perfectamente encuadrable en su contenido y, por ende, enjuiciable por este Tribunal. Y ello, precisamente, por el encaje de este tipo de violencia en el artículo 3 del CEDH, a cuyo tenor: “Nadie podrá ser sometido a tortura ni a penas o tratos inhumanos o degradantes”. En este sentido se pronuncia la Sentencia Opuz vs. Turquía, de 9 de junio de 2009, que conlleva la condena, por primera vez en la historia del TEDH, de un Estado parte por violencia doméstica y malos tratos. The European Court of Human Rights (ECtHR), as the highest authority for the guarantee of human rights and fundamental freedoms in Europe, has the specific purpose of ensuring compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), signed in Rome on 4 November 1950. Although this text, in itself, does not contain a regulation of specific protection for cases of gender violence and other types of violence against women, the casuistry can be perfectly framed in its content and, therefore, prosecuted by this Court. This is precisely because this type of violence is covered by Article 3 of the ECHR, which states: "No one shall be subjected to torture or to inhuman or degrading treatment or punishment". In this sense, the Opuz v. Turkey Judgment of 9 June 2009 is pronounced, which entails the condemnation, for the first time in the history of the ECtHR, of a state party for domestic violence and ill-treatment.

The Right to Compensation for Wrongful Conviction/Miscarriage of Justice in International Law

2019 ◽  
Vol 8 (2) ◽  
pp. 215-244
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Political Rights ◽  
Wrongful Conviction ◽  
European Court ◽  
Human Rights Treaties ◽  
Protection Of Human Rights ◽  
The Right ◽  
African Commission ◽  
Miscarriage Of Justice

Human rights treaties (including Article 14(6) of the International Covenant on Civil and Political Rights (iccpr); Article 3 of the Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms; and Article 10 of the American Convention on Human Rights) explicitly protect the right to compensation for wrongful conviction or miscarriage of justice. The African Charter on Human and Peoples’ Rights is silent on this right. The Human Rights Committee, the European Court of Human Rights, the African Commission on Human and Peoples’ Rights and the Inter-American Commission on Human Rights have developed rich jurisprudence on the ambit of the right to compensation for wrongful conviction or miscarriage of justice. States have adopted different approaches to give effect to their obligation under Article 14(6) of the iccpr. Relying on the practice and/or jurisprudence from States in Africa, Europe, North America, Asia, and Latin America and on the jurisprudence of the Human Rights Committee, the European Court of Human Rights, the Inter-American Commission on Human Rights and the African Commission on Human and Peoples’ Rights, the article illustrates the approaches taken by some States to give effect to Article 14(6) of the iccpr and the relevant regional human rights instruments.

scholarly journals A New Model of Appeal Proceedings in Criminal Cases: Acceleration v. Fairness? A Few Remarks from the Perspective of the Standards of Protecting Human Rights

2021 ◽  
Vol 30 (4) ◽  
pp. 187
Author(s):  
Małgorzata Wąsek-Wiaderek
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Appellate Court ◽  
Political Rights ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Supreme Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
First Time

<p>The purpose of this study is to present and evaluate the main changes to the appeal proceedings model introduced in the last few years to the Polish criminal proceedings in order to accelerate it and, thereby, satisfy the requirements of Article 6 (1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The article presents arguments supporting the thesis whereby these have weakened the right of the defendant to appeal against the judgement. Under the currently applicable regulations, it is permissible that an appellate court may impose a penalty for the first time which cannot be subject to an effective appellate review. Such a solution may raise doubts as to its compliance with Article 14 (5) of the International Covenant on Civil and Political Rights. The article also formulates a thesis whereby the newly introduced measure – a complaint against the cassatory judgement of the appellate court – contrary to preliminary fears, has not in fact “blown up” the system of appeal measures in the Polish criminal proceedings. At the same time, despite the relatively small scope of its use, it may contribute to strengthening the appeal – as opposed to the revisory – model of appellate proceedings and thus accelerating the criminal proceedings. This thesis is based on the research of all complaints brought to the Supreme Court in 2016–2019.</p>

scholarly journals THE PROHIBITION OF TORTURE, CRUEL OR DEGRADING TREATMENT OR PUNISHMENT IN CLOSED INSTITUTIONS

2021 ◽  
Vol 1 (91) ◽  
pp. 23-29
Author(s):  
Jelena Girfanova
Keyword(s):  
Health Care ◽  
Human Rights ◽  
European Convention ◽  
Political Rights ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Degrading Treatment ◽  
Civil And Political Rights ◽  
The Right ◽  
European Regional

In the paper “The prohibition of torture and other cruel, inhuman or degrading punishment in closed Institutions” the author has examined the obxervasnce of  persons’  in detention,  custody or imprisonment human rights in the European regional acts and national instruments as well as the provision of health care for detainees and convicted persons alike.All basic human rights’ documents, namely: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the United Nations and the European Convention for the Protection of Human Rights and Fundamental Freedoms state that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, degrading his or her human dignity”.  All persons who have been punished, regardless of the crimes for which they were convicted, have the right to humane treatment and respect for their personality. No actions of people, whatever they may be, justify the inhuman treatment of them or the humiliation of their personality.  

scholarly journals Derogation in the Field of Human Rights: International Legal Instruments and Practice of Ukraine

2020 ◽  
Vol 20 (2) ◽  
pp. 7-37
Author(s):  
Volodymyr Denysov ◽  
Lyudmyla Falalieieva
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Legal Framework ◽  
The State ◽  
Political Rights ◽  
Loss Of Control ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
First Time

Summary The study highlights the international legal framework for the regulation of derogation of human rights and the practice of applying the latter by Ukraine, which is exercised for the first time under conditions of armed conflict and temporary loss of control over part of its territory. The essence, factors, mechanisms, peculiarities and problems related to derogation in the field of human rights, tools for its realization are revealed. The importance of using derogation of human rights as one of the “escape mechanisms” for the state is emphasized, the state’s right which is of an exclusive nature, the possibility of which is provided for by the relevant international treaty, requiring compliance with agreed conditions and procedures. Comparative analysis of the provisions of International Covenant on Civil and Political Rights (1966), Convention for the Protection of Human Rights and Fundamental Freedoms (1950) concerning the right of the state to derogate in the field of human rights in time of a public emergency threatening the life of the nation is made. It is emphasized that the derogation in the field of human rights requires doctrinal understanding as a kind of legitimate limitation on use of restrictions on rights. It outlines the specific measures Ukraine was forced to take in order to derogate in the field of human rights under the armed conflict and temporary loss of control over part of its territory, as well as their perception by the international community. International legal acts, case law of the European Court of Human Rights and doctrinal views on issues outlined are analyzed.

25. International Human Rights Law

2018 ◽  
Author(s):  
Nigel Rodley
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Political Factors ◽  
International Protection ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
Protection Of Human Rights

This chapter considers the background to, and current developments concerning the manner in which international law has engaged with the protection of human rights, including both civil and political rights and economic, social, and cultural rights. It looks at historical, philosophical, and political factors which have shaped our understanding of human rights and the current systems of international protection. It focuses on the systems of protection developed by and through the United Nations through the ‘International Bill of Rights’, including the Universal Declaration of Human Rights, the UN human rights treaties and treaty bodies, and the UN Special Procedures as well as the work of the Human Rights Council. It also looks at the systems of regional human rights protection which have been established.

scholarly journals The Protection of Human Rights in Post-Communist Albania

2016 ◽  
Vol 7 (1) ◽  
pp. 63
Author(s):  
Meljana Bregu
Keyword(s):  
Human Rights ◽  
Criminal Code ◽  
Fair Trial ◽  
European Convention ◽  
Communist Regime ◽  
Political Rights ◽  
Revolutionary Movement ◽  
The Past ◽  
Protection Of Human Rights ◽  
The Right

Albania was one of the most isolated countries in Europe for nearly 45 years. During the communist era, the legal system was under the direct control of the Party of Labor. The protection of human rights in the first years of the communist regime was clearly shaped on the soviet principles. The criminal code of Albania was the symbol of a repressive system, regardless of human rights protection, crimes punishable by death were sanctioned by various articles, including “agitation and propaganda against the state” and ‘activities against the revolutionary movement of the working class”. Hoxha also closed the Ministry of Justice and banned the private practice of law as a consequence the right to a fair trial was denied. After the fall of communism Albania has made significant progress toward respect for civil and political rights, especially toward the right to a fair trial. The constitution of 1998 protects the right to a fair trial in chapter two and one important step is the ratification of the European Convention on Human Rights in 1996, which guarantee the right to a fair trial in article six. Still, 25 years of transformation are not enough to wipe away the legacy of the past; the lack of human rights mechanisms poses a serious challenge to the Albanian democratic system. Still today Albania faces important issues concerning the protection of human rights generally and particularly the right to a fair trial. This fact is evident if we refer to the cases of the European Court of human rights versus Albania dealing with the application of article 6 of the Convention.The paper aims to address the protection of human rights after the demise of the communist regime, especially regarding the right to a fair trail, analyzing the progress but also the continuity in some aspects with the past.

scholarly journals Rethinking Suresh: Refoulement to Torture Under Canada’s Charter of Rights and Freedoms

2009 ◽  
pp. 125-160
Author(s):  
David Jenkins
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Supreme Court Of Canada ◽  
European Court ◽  
Canadian Law ◽  
The Supreme Court ◽  
Convention Against Torture ◽  
Protection Of Human Rights ◽  
United Nations Convention ◽  
Degrading Treatment

This article takes the European Court of Human Rights’ decision in Saadi v. Italy and uses it as an opportunity to re-examine the Canadian case of Suresh v. Canada (Minister of Citizenship and Immigration). The author argues that the national security exception in Suresh is no longer tenable in light of subsequent developments in both international and Canadian law. The author concludes that the Supreme Court of Canada should reject the Suresh exception at its first opportunity and adopt an approach to review of refoulement cases similar to that under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Asserting the Right to Life (Article 2, ECHR) in the Context of Industry

2007 ◽  
Vol 8 (3) ◽  
pp. 231-253 ◽  
Author(s):  
Dimitris Xenos
Keyword(s):  
Human Rights ◽  
Self Regulation ◽  
European Convention ◽  
Right To Life ◽  
Liberal Tradition ◽  
European Court ◽  
Active Protection ◽  
Protection Of Human Rights ◽  
The Right ◽  
First Time

In the liberal tradition, there has always been scepticism about the state's involvement in the activities of industry. Instead, internal measures by way of self-regulation and collective action have been preferred. In recognition of the reality that exclusive reliance on such solutions has not prevented violations of human rights, to which a high constitutional importance is attached, other arrangements have to be provided. In the system of the European Convention of Human Rights (hereinafter the Convention), positive obligations are imposed engaging the state in the active protection of human rights. The need to protect human rights against the hazards of industry has been the main issue in the case of Öneryildiz v. Turkey, in which, for the first time in the jurisprudence of the European Court of Human Rights (hereinafter the Court), a claim under the right to life (Article 2 of the Convention) has successfully been asserted in the context of industry.

9. Parliamentary Supremacy and Human Rights

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Human Rights Protection ◽  
Protection Of Human Rights ◽  
History Of ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Complete Series ◽  
Parliamentary Supremacy ◽  
The Uk

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter examines the legislative supremacy of the UK Parliament and its impact on human rights protection (and vice versa), discussing the history of the European Convention on Human Rights (ECHR) in a UK context and the ECHR’s legal standing. It considers the Human Rights Act 1998 (HRA 1998) and its operation in the UK. The chapter addresses how the ECHR and the HRA 1998 affect parliamentary supremacy, and how the human rights context differs from the EU context as regards parliamentary supremacy. Finally, it analyses whether parliamentary supremacy provides adequate protection of human rights.

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