scholarly journals Hate crimes and international institutions: A literature review

2021 ◽  
Author(s):  
Eszter Kirs
Keyword(s):  
Human Rights ◽  
International Institutions ◽  
Hate Crimes ◽  
International Standards ◽  
International Review ◽  
Academic Literature ◽  
European Court ◽  
Wide Range ◽  
Potential Impact ◽  
Academic Authors

AbstractThe paper reflects on academic literature on the international normative and institutional framework related to hate crimes. Various theoretical and pragmatic issues have been discussed by academic authors, such as the challenges coming with the obligation of states to record hate crimes or to conduct efficient investigation, the limits of the potential impact of international review mechanisms, or the aims and content of resolutions adopted by international institutions and judgments delivered by the European Court of Human Rights. However, a wide range of practical and conceptual issues related to the existing international standards and the efficiency of international review mechanisms remain to be discussed in the academic sphere.

Convergence

2018 ◽  
Author(s):  
Daithí Mac Síthigh
Keyword(s):  
Human Rights ◽  
Public Service ◽  
Audiovisual Media ◽  
On Demand ◽  
European Court ◽  
Wide Range ◽  
Media Services ◽  
Non Linear ◽  
Telecommunications Law

The purpose of this chapter is to explain, in the context of telecommunications law and regulation, the regulation by EU and UK law of audiovisual and radio media services. Overarching principles are found in the Audiovisual Media Services Directive, which takes an approach described as technologically neutral, but established two top-level categories of regulation, for television (or linear) services and on-demand (or non-linear) services. In the case of television services, a wide range of standalone works and comprehensive Sections or chapters on the regulation of broadcasting are available. As such, the focus here (with a view to the interests of readers) is on licensing of content and multiplex services by Ofcom and the handling of complaints about those services, with a bias towards the standard licences for services on cable, satellite, internet, and digital terrestrial platforms, and the regulation of DTT multiplexes and of on-demand services, as opposed to detailed description of the BBC and the commercial public service broadcasters. Indeed, the European Court of Human Rights has regularly found that the regulation of communications infrastructure can have a real impact on the receiving and imparting of information.

Part III Themes, Ch.18 Australia in the International Order

2018 ◽  
Author(s):  
Charlesworth Hilary
Keyword(s):  
Human Rights ◽  
International Institutions ◽  
Legal Order ◽  
International Standards ◽  
Institution Building ◽  
International Institution ◽  
The World ◽  
Full Picture ◽  
International Legal Order ◽  
The Relationship

This chapter offers an account of Australia's engagement with the international legal order, through different aspects of the relationship: designing international institutions, litigating in the World Court, and implementing international standards. These are only fragments of the full picture, but they illustrate both Australia's embrace of and distancing from the international legal order. Australia's relationship with the international legal order overall is marked by a deep strand of ambivalence. It has played both the part of a good international citizen as well as that of an international exceptionalist. In some fields, Australia has engaged creatively in international institution-building, even if with a wary eye to protect certain Australian interests. In other areas, particularly human rights, the relationship is distinctly uneasy, with Australia appearing to believe that international standards should regulate others and that it is somehow above scrutiny.

scholarly journals Backlash and Judicial Restraint: Evidence from the European Court of Human Rights

2020 ◽  
Vol 64 (4) ◽  
pp. 770-784
Author(s):  
Øyvind Stiansen ◽  
Erik Voeten
Keyword(s):  
Human Rights ◽  
Strong Evidence ◽  
International Institutions ◽  
Difference In Differences ◽  
European Court ◽  
Democratic Support

Abstract How does backlash from consolidated democracies affect the behavior of liberal international institutions? We argue that liberal international institutions have incentives to appease their democratic critics. Liberal institutions rely on democratic support for their continued effectiveness and can accommodate democratic critics at a lower legitimacy cost than non-democratic challengers. We examine this theory in the context of the European Court of Human Rights using a new dataset of rulings until 2019 and a coding of government positions during multiple reform conferences. Combining matching and a difference-in-differences design, we find strong evidence that the Court exercises restraint towards consolidated democracies that have criticized the Court in multilateral reform conferences by rendering fewer violation judgments against these states. We find some evidence that governments have also recently appointed more deferential judges. The findings suggest that backlash can affect liberal international institutions even without membership exit.

scholarly journals Concept of abuse of procedural rights: general theoretical analysis (based on the case-law of the European Court of Human Rights)

2021 ◽  
pp. 166-175
Author(s):  
Taras Pashuk
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fundamental Rights ◽  
European Convention ◽  
Judicial Interpretation ◽  
Judicial Practice ◽  
European Court ◽  
Wide Range ◽  
Restrictive Measures ◽  
Procedural Rights

The author analyses the concept of abuse of procedural rights with reference to the case-law of the European Court of Human Rights (ECtHR). In their applications to the ECtHR the applicants often claim that the violations the European Convention on Human Rights (the ECHR) were accompanied by various abuses by the domestic authorities. Such abuses may be of procedural nature and those matters are examined by the ECtHR quite often because the Convention is primarily aimed at protecting an individual from State arbitrariness. At the same time, the problem of abuse of procedural rights may arise before the ECtHR, when such acts were committed by an applicant. This aspect of the problem is being examined in the present article. In this regard the issue of abuse of procedural rights appears in the case-law of the ECtHR in the context of the complaints concerning the alleged violations of rights under the ECHR. This may happen when the State measures to address such a negative phenomenon (for example, penalty for the abuse of procedural right) may at the same time affect the fundamental rights under the Convention. Apart from that, this issue may arise in the context of the application of restrictive measures by the ECtHR itself due to applicants’ abuse of their right of individual petition to the ECtHR. The main features of the abuse of procedural rights arising from the case-law of the ECtHR are the following: (1) using the procedural right contrary to its purpose (in view of multiple purposes of human conduct, this condition implies the need to establish a dominant purpose in the procedural conduct of the person); (2) the presence of damage resulting from such procedural conduct; (3) the exceptional nature of such procedural conduct (implying the necessity to focus on the explicit and obvious facts of procedural abuses). The combination of these features should be used cumulatively in order to determine correctly the limits of applicability of this concept and distinguish it from other related concepts, such as legitimate use of procedural right, refusal to use the procedural right, good-faith mistake in procedural conduct. In addition, the lack of legislative regulation of this institution in the law on criminal procedure of Ukraine calls for the development of judicial practice under Article 185-3 of the Code of Administrative Offenses of Ukraine as regards the administrative liability for contempt of court. It is argued that the provisions of Article 185-3 of that Code, if given appropriate judicial interpretation, can cover a wide range of procedural abuses. Keywords: abuse of procedural right, realisation of subjective right, contempt of court.

scholarly journals Standards of the European Court of Human Rights in the area of administrative law with special reference to the Republic of Macedonia

2018 ◽  
Vol 55 (4) ◽  
pp. 815-833
Author(s):  
Vesna Stefanovska ◽  
Blerton Sinani
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Case Law ◽  
Administrative Law ◽  
International Standards ◽  
European Convention ◽  
Republic Of Macedonia ◽  
European Court ◽  
Criminal Charges ◽  
The Republic

In many occasions, the European Court of Human Rights has reiterated that the ECHR is a ‘living instrument’. The rights enshrined in the Convention have to be interpreted in the light of present day conditions so as to be practical and effective. Therefore, the Court has on several occasions modified its views on certain subjects because of scientific developments. Although in the scope of Article 6(1) of European Convention on Human Rights are civil rights and obligations and criminal charges, the application to administrative disputes has arised from the Court’s case-law. This paper will try to analyze the framework of administrative disputes in the Republic of Macedonia, mainly the Law on Administrative Disputes and its consolidation with the international standards, specifically with the ECHR. Further, subject of elaboration will be the Macedonian dossier in Strasbourg and the judgments in which the ECtHR found violation of Article 6 of ECHR in relation to administrative disputes and procedures.

scholarly journals PROTECTION OF THE RIGHT TO RESPECT FOR PRIVATE LIFE IN THE COURSE OF EDUCATIONAL ACTIVITIES IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 262-267
Author(s):  
L. Yu. Fomina
Keyword(s):  
Human Rights ◽  
Private Life ◽  
International Standards ◽  
Educational Activity ◽  
Professional Activity ◽  
Educational Activities ◽  
European Court ◽  
The Right ◽  
Moral Attitudes ◽  
Legal And Ethical Requirements

The development of digitalization processes and their implementation in educational activities, the establishment of certain legal and ethical requirements for its participants determine the importance of ensuring privacy, identifying and preventing the actions that can be considered as interference with it, and specifying the limits of admissibility of such interference. The purpose of the article is to identify, analyze and generalize the rulings of the European Court of Human Rights regarding the protection of the right to respect for private life in relation to educational activities. Conclusions were made about broad understanding of private life and interference with it by the European Court of Human Rights in the framework of educational activities. It was pointed out that its content includes questions related to the teacher’s professional activity, the compliance of the participants in the educational activity with certain requirements for appearance and behavior, and control over their behavior using modern technologies. It was revealed that interference with private life in the course of educational activities is possible provided that certain criteria for its admissibility, connected with both moral attitudes of the subjects of such activities and with the developed international standards, are met.

Two-level politics and the backlash against international courts: Evidence from the politicisation of the European court of human rights

2020 ◽  
Vol 22 (4) ◽  
pp. 728-738 ◽  
Author(s):  
Mikael Rask Madsen
Keyword(s):  
Human Rights ◽  
International Institutions ◽  
International Politics ◽  
Mediating Effect ◽  
Recent Criticism ◽  
Bargaining Process ◽  
Dual Nature ◽  
International Courts ◽  
European Court ◽  
Political Interests

Are international institutions more prone to face backlash politics than domestic ones? Are international institutions easy targets for satisfying domestic political interests? Using the case of the recent criticism of the European Court of Human Rights, the article explores whether international institutions are more susceptible to face backlash politics than domestic ones due to the dual nature of international politics. The empirical study, focusing on the reform of the European Court of Human Rights through the 2018 Copenhagen Declaration, suggests that pre-existing commitments to international institutions might be given up rapidly when significant domestic interests collide with international institutions and their practices. The analysis, however, also shows that backlash politics against international institutions is transformed when seeking institutional reform. Entering a collective bargaining process, backlash objectives are changed by the logic of diplomatic negotiation, academic scrutiny and the interests of the other member states and civil society. This suggests that the two-level logic of ordinary international politics has a mediating effect on domestically fuelled backlash campaigns.

The European Court of Human Rights Interptetation of Migrants Cases: Basic Doctrinal Approaches

2019 ◽  
pp. 132
Author(s):  
SVITLANA KARVATSKA
Keyword(s):  
Human Rights ◽  
Comparative Method ◽  
National Level ◽  
Migration Policy ◽  
Practical Consideration ◽  
European Court ◽  
Wide Range ◽  
Migrants Rights ◽  
The Right ◽  
The Impact

The doctrinal substantiation of the practical consideration of precedents in relation to ensuring and violating the migrants’ rights is in sight of the representatives of various field of science. It is also a subject of complex international legal, political, historical, economic, demographic, anthropological and social studies. However, a rapid dynamic development, caused by various factors in migration processes, and its institutionalization requires picky and thorough scientific analysis of some important issues such as the migration problem, the impact of the right to migrate, political and rational incentives for migration, consideration of the interpretation of such cases by the European Court of Human Rights (ECtHR) for a further and comprehensive settlement of migration policy on both European and national level. Although particular steps are being taken to create a sustainable regulatory framework for the recognition and assurance of human rights in response to current challenges and to systemic drawbacks of the national human rights mechanism – the problems of migration and asylum are very urgent and thorny. The purpose of the article is to analyse doctrinal approaches and legal positions of the ECtHR in the process of interpretation in the field of migration. The use of the research methodology was caused by the specifics of the study subject. The comprehensive approach to analysis, which combines a wide range of philosophical, general scientific, special scientific and legal methods, served as a research basis. Thus, the dialectical method has allowed substantiating a regular nature of the formation of an evolutionary approach to the interpretation of ECtHR judgments. The anthropological approach emphasized on the place and role of man in the process of legal interpretation. With the help of the hermeneutic method, the concept of the categories “migrant”, “migrants’ rights”, “asylum”, as well as the content of the doctrinal approaches and legal positions of the Court were disclosed, while a systematic method reflected the interrelationship between them. The statistical method made it possible to quantitatively synthesize the case law of the ECtHR in the field of migration and asylum. The use of the comparative method allowed to carry out a comparative analysis of doctrinal approaches employed by the Court in considering various categories of migration issues in different periods of its activities. It is proved that the ECtHR uses many doctrinal approaches, the Court emphasizes on the need to adhere to the principle of wide margin of appreciation. In cases of deportation of foreigners convicted of a criminal offense, the Court is guided by the principle of proportionality. Most of the cases examined by the ECtHR concerning migrants are related to the provision of asylum. The interpretation activities of the Court are focused on identifying barriers to asylum and formulating the principle of prohibition of dismissal, if the asylum seeker was forced to leave his country caused by various circumstances such as humanitarian crisis, non-selective violence, real threat / danger, denial of justice, or unlawful detention or conviction by a manifestly unfair trial in country of residence, or procedural violations against migrants and etc. The ECtHR has also focused on assessing the risks of not granting asylum, in particular, harsh treatment and has formulated the predominance principle of the child’s extraordinary vulnerability, which prevails over the status of the illegal stay presence as a foreigner on the territory of the state

EVIDENCE AND PROOF IN CIVIL PROCEDURE LAW OF UKRAINE: COMPLIANCE WITH INTERNATIONAL STANDARDS

2018 ◽  
Author(s):  
Anton Busakevych ◽  
◽  
Oleksandr Pryvydentsev ◽  
Keyword(s):  
Human Rights ◽  
National Level ◽  
Legal Framework ◽  
Civil Procedure ◽  
International Standards ◽  
Legal Systems ◽  
Global Trends ◽  
European Court ◽  
Civil Proceedings ◽  
Evidence And Proof

The article is devoted to the consideration of the legal nature of the institution of proof in civil proceedings and the compliance of national norms with international standards. The legislative definition of the concept of evidence, enshrined in the Civil Procedure Code of Ukraine, is analyzed and some features of evidence in foreign countries are considered. The authors note that in order to conduct an effective comparative analysis of the evidentiary procedure in Ukraine and abroad, it is advisable to study the case law of the European Court of Human Rights, as one of the main institutions whose jurisdiction extends to all member states of the Council of Europe and improve national legislation and bring it into line with international standards. It should be noted here that in all legal families the institution of proof is the cornerstone of justice. The development of legal systems was due to the systematic reform of procedural legislation, the creation of new models aimed at meeting the requirements of the time. The European Court of Human Rights, using the traditions and features of common and continental law, has repeatedly stated that the future position of the court in resolving this conflict between the parties and making a reasoned decision depends on the quality and completeness of the evidence presented. The recommendations contained in the court decisions reflect the progressive trends of both legal systems and are aimed at strengthening guarantees of justice at the national level. According to the authors, the foundations have already been laid for the formation of a new perception of the institution of evidence in Ukraine, as its reform took place taking into account European standards of civil proceedings and under the influence of global trends in this area. However, this process is currently incomplete and needs to be intensified with the need to develop clear criteria for assessing evidence at the level of national law, which would apply the court to the case, as is the case in the Anglo-Saxon legal system. The authors draw attention to the fact that today in Ukraine it is appropriate to introduce a "standard of proof" in civil proceedings, i.e. the use of a balance of probability to assess the circumstances of the case. The article also analyzes the gaps in the legislation on the issue raised in the topic of the work, in particular, offers proposals for improving the legal framework of Ukraine to improve the procedure of proof in civil proceedings.

Ethical and Legal Aspects of Regulating Genomic Research in International and Russian Practice

2019 ◽  
Vol 64 (5) ◽  
pp. 69-70 ◽  
Author(s):  
П. Калиниченко ◽  
P. Kalinichenko ◽  
Д. Пономарева ◽  
D. Ponomareva
Keyword(s):  
Human Rights ◽  
Radiation Exposure ◽  
Legal Aspects ◽  
International Standards ◽  
Genomic Research ◽  
Council Of Europe ◽  
European Court ◽  
The Subject

Despite the UN efforts at the universal level, there are no legally binding instruments at this level devoted exclusively to biomedicine and genomic research. However, an experience in the field of protection against radiation exposure could be useful in this regard. The active development of Biomedicine and genomic research has led to conflicts between ethics and law, which have been the subject of consideration in the higher courts, including at the supranational structures level, in particular, the Council of Europe and the European Court of human rights. Nevertheless, it should be noted that despite all the laws imperfections, Russia is building its approach within the existing system of international standards that allow for the national uniqueness of the regulation in the relevant sphere.

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