scholarly journals THE LEGAL RECOGNITION OF THE HUMAN RIGHTS SITUATION OF WOMEN WITH DISABILITIES IN THE STATE OF QATAR

2017 ◽  
pp. 105
Author(s):  
MARÍA LAURA SERRA ◽  
MARÍA DEL CARMEN BARRANCO AVILÉS ◽  
PATRICIA CUENCA GÓMEZ ◽  
RAFAEL DE ASÍS ROIG ◽  
PABLO RODRÍGUEZ DEL POZO
Keyword(s):  
Human Rights ◽  
The State ◽  
State Party ◽  
Women With Disabilities ◽  
Persons With Disabilities ◽  
Legal Recognition ◽  
Fundamental Freedoms

From the continental law, this paper analyses the situation regarding the rights and fundamental freedoms of women with disabilities in Qatar. The analysis uses as the main reference, Article 6 of the Convention on the Rights of Persons with Disabilities (CRPD) and the General Comment that the CRPD Committee has made to this article. In this aspect, it tries to outline the difficulties that Qatar, as a State party, has in order to be able and take the very first steps towards a real inclusion for women with disabilities

scholarly journals Legal Protection for People with Disabilities in the Perspective of Human Rights in Indonesia

2021 ◽  
Vol 10 ◽  
pp. 538-547
Author(s):  
Faissal Malik ◽  
◽  
Syawal Abduladjid ◽  
Dewa Gede Sudika Mangku ◽  
Ni Putu Rai Yuliartini ◽  
...  
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Legal Protection ◽  
People With Disabilities ◽  
The State ◽  
Persons With Disabilities ◽  
Legal Recognition ◽  
State Regulations ◽  
Legal Principles ◽  
Constitutional State

The purpose of this research is to find out how the principles of legal protection for persons with disabilities and how the implementation of legal protection for persons with disabilities. Indonesia has strong legal principles in making Indonesia a constitutional state with the existence of regulations on guarantees for the protection and empowerment of persons with disabilities which are reflected in; Pancasila as the state philosophy, the Preamble of the 1945 Constitution, Law, TAP MPR, Conventions and International Declarations on human rights. Likewise, legal recognition of persons with disabilities can be seen from the regulations, both Indonesian state regulations, and regulations, or international organizations that provide legal guarantees for the rights of persons with disabilities.

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.

scholarly journals BREVES NOTAS ACERCA DO ACORDO AMIGÁVEL NO ÂMBITO DA COMISSÃO INTERAMERICANA DE DIREITOS HUMANOS

2018 ◽  
Vol 7 (2) ◽  
pp. 23 ◽  
Author(s):  
Felipe Schmidt
Keyword(s):  
Human Rights ◽  
The State ◽  
State Party ◽  
Legal Nature

<p class="resumo"><strong>Resumo</strong>: O estudo trata da disciplina do acordo amigável entre o peticionário e o Estado-parte no âmbito da Comissão Interamericana de Direitos Humanos e das características dessa avença (previsão, natureza jurídica, oportunidade, procedimento, papel da Comissão, obrigatoriedade ou não) e medidas adotadas em caso de êxito ou insucesso.</p><p class="resumo"><strong>Palavras-chave: </strong>Acordo Amigável, Sistema Interamericano de Direitos Humanos, Convenção Americana de Direitos Humanos, Comissão Interamericana de Direitos Humanos.</p><p class="resumo"> </p><h3>BRIEF NOTES ON THE FRIENDLY SEETLEMENT IN THE INTER-AMERICAN COMISSION OF HUMAN RIGHTS</h3><div><p class="abstractCxSpFirst"><strong>ABSTRACT </strong>The study deals with the friendly seetlement between the petitioner and the State party within the framework of the Inter-American Commission on Human Rights and the characteristics of this agreement (foreseeing, legal nature, timing, procedure, role of the Commission, mandatory or not) and measures adopted on success or failure).</p><p class="abstractCxSpLast"><strong>Keywords: </strong>Friendly Seetlement, Inter-american Human Rights System, American Convention on Human Rights, Inter-american Comission of Human Rights.</p></div>

scholarly journals The state liability for damages caused by its judicial authorities

2003 ◽  
Vol 75 (9-10) ◽  
pp. 409-422
Author(s):  
Nikola Mihailović
Keyword(s):  
Human Rights ◽  
The State ◽  
Point Of View ◽  
Council Of Europe ◽  
Member States ◽  
Legal Provisions ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
State Liability ◽  
Domestic Law

A breach of any right or freedom under the Convention for the Protection of Human Rights and Fundamental Freedoms, leads to but is not limited to liability of the State for damages. That liability is much stricter than the State liability for damage provided according to the domestic law provisions currently in force. The current provisions on State liability for the work of its judiciary do not include the damage caused by improper interpretation and application of the relevant legal provisions. In contrast, the liability of the Council of Europe Member States for the damage caused by their judicial and other authorities, through the breach of the human rights and fundamental freedoms guaranteed by the Convention includes their liability for improper interpretation and application of the relevant provisions of the Convention. That liability is so strict that it in fact comes equal to no-fault liability, from the point of view of its legal consequences. This is so, although it is regulated only as a presumed liability for which there are no grounds of limitation. As a result, two systems of liability for damage caused by judicial authorities will exist in our State Union and in its member states, after the ratification of the aforementioned Convention: liability pursuant to the domestic legal provisions and liability pursuant to the Convention. For that reason, a reform of the provisions on liability is necessary, which will lead to tightening of liability for damage caused by judiciary pursuant to the domestic rules. How to achieve this is a separate issue, which will not be discussed on this occasion.

Reformative and rehabilitative programs for prisoners with cognitive impairments: Australia’s international obligations

2017 ◽  
Vol 42 (2) ◽  
pp. 102-106
Author(s):  
Emma Henderson ◽  
Nicole Shackleton ◽  
Stephanie Falconer
Keyword(s):  
Human Rights ◽  
Cognitive Impairments ◽  
The State ◽  
Political Rights ◽  
Mental Impairment ◽  
Persons With Disabilities ◽  
International Obligations ◽  
Civil And Political Rights

While there has been much recent controversy relating to the abusive treatment of young prisoners and the failure of the State to properly facilitate the rehabilitation and reformation of young detainees, little attention has been paid to similar failures in relation to prisoners with cognitive impairments. In this article, we argue that Article 10.3 of the International Covenant on Civil and Political Rights and Article 26 of the Convention on the Rights of Persons with Disabilities require Australia to ensure that the conditions of detention of all prisoners are primarily reformative and rehabilitative. Analysing relevant jurisprudence, we argue that Australia is systematically failing to meet its human rights obligations to prisoners found ‘not guilty’ by reason of mental impairment.

scholarly journals MODEL PERLINDUNGAN SOSIAL BAGI PENYANDANG DISABILITAS DI KABUPATEN CIANJUR DIKAJI DALAM PERSPEKTIF HAK ASASI MANUSIA

2019 ◽  
Vol 11 (2) ◽  
pp. 131
Author(s):  
Tanti Kirana Utami
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Research Method ◽  
Social Protection ◽  
The State ◽  
Human Beings ◽  
Persons With Disabilities ◽  
Analytical Research ◽  
The Government ◽  
Policies And Programs

Law Number 39 of 1999 concerning Human Rights regulates the obligations of the State in protecting each of its citizens, including the respect, protection and fulfillment of the rights of persons with disabilities. Persons with disabilities should get the same opportunity in developing themselves through independence as human beings with dignity. Based on the foregoing it is very important to conduct research on persons with disabilities to find out the objective conditions of persons with disabilities in Cianjur district and to find out policies and programs for social protection activities for persons with disabilities. The research method used is normative juridical with descriptive analytical research specifications. The results showed that the condition of persons with disabilities in Cianjur Regency was caused due to birth or illness with various disabilities spread in several districts and social protection for persons with disabilities in Cianjur regency carried out in the form of providing various facilities and social security in stages. The conclusion of this study is the data of persons with disabilities in Cianjur Regency already included including social protection provided by the government. For this reason, it is expected that various facilities and social security will be improved and local regulations made

scholarly journals Pursuing the Right to an Effective Remedy for Human Rights Violation(s) In Cameroon: The Need for Legislative Reform

2017 ◽  
Vol 20 ◽  
pp. 1-29
Author(s):  
Avitus A Agbor
Keyword(s):  
Human Rights ◽  
The State ◽  
Equal Protection ◽  
State Party ◽  
Legislative Reform ◽  
Domestic Legislation ◽  
Effective Remedy ◽  
The Right ◽  
International Instruments ◽  
Human Rights Violation

Undoubtedly, global and regional human rights instruments clearly entrench the right to an effective remedy for a human rights violation. The substantive nature of the right to an effective remedy makes it relevant to the realisation of the right to equality as well as the right to equal protection under the law. Cameroon, as a State Party to most of these human rights instruments, is bound to adopt measures aimed at giving effect to the rights contained therein. One of such steps, in my opinion, is the enactment of domestic legislation that defines the content of these rights; stipulates the forums where remedies for human violations could be pursued; specifies what kinds of remedies a victim of a human rights violation would get at the end; and lastly, defines who can access such forums. Unfortunately, the lack of domestic legislation that meets these requirements means the right to an effective remedy for a human rights violation in Cameroon cannot be realised. It is argued in this paper that the critical nature of the right to a remedy, given its bearing on other substantive human rights as well as the protection and promotion of human rights, warrants progressive efforts undertaken by the State in order to give effect to this right. Therefore, the sheer lack of a legislative instrument in this regard makes it very difficult for the pursuit of a right to a remedy when there is a violation of human rights. As evidenced by legislative developments in numerous African States that are States Parties to these international instruments, there is growing consensus that the enactment of domestic legislation that answers the questions of content; forums; outcomes and access is a positive and vital step towards the realisation of the right to an effective remedy for a human rights violation.     

scholarly journals Torture as a ground for inadmissibility of evidence

2021 ◽  
pp. 28-31
Author(s):  
Maryna HRYTSENKO
Keyword(s):  
Human Rights ◽  
Third Parties ◽  
The State ◽  
Evidence Based ◽  
Legal Systems ◽  
Criminal Proceedings ◽  
National Courts ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

The European Court of Human Rights, which focuses on the Convention for the Protection of Human Rights and Fundamental Freedoms, points to the importance of the prohibition of torture. The Court has formed its position based on the importance of Article 3 of the Convention and, consequently, the inadmissibility of the evidence obtained in violation of that article by the prosecution. This paper analyzes the practice of the European Court of Human Rights on the implementation of evidence-based activities in national legal systems, and in particular examines the requirements of the Court on the admissibility of evidence-based exercise and activity obtained in the course of work results. The paper demonstrates the ECHR's practice on the issue of torture in obtaining evidence and the consequences of using such a «method», its significance for the practice of national courts and the modernization of the position of courts in relation to the dynamics of this issue. As a result, problematic areas of Ukrainian legislation and justice were identified. The reasons for the use of torture by the authorities and the safeguards introduced by Ukraine to combat the use of such inhuman treatment by the authorities were identified. Changes in the opinion of the European Court of Human Rights on this issue and its significance for Ukraine are analyzed. The possibilities of application of the ECHR for evaluation of admissibility of evidence in criminal proceedings in Ukraine are examined. The patterns characterizing the legal positions of the ECHR in assessing the admissibility of evidence are discovered and singled out. Ukraine should take into account that the responsibilities of the state, in addition to refraining from the use of torture to obtain evidence, include the protection of people from these encroachments by third parties.

scholarly journals CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, PROTOCOL TO THE CONVENTION AND THE CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS AS A SOURCES OF SUFFRAGE IN UKRAINE

2020 ◽  
Keyword(s):  
Human Rights ◽  
Political Development ◽  
Electoral System ◽  
Case Law ◽  
The State ◽  
Free Expression ◽  
European Court ◽  
Legal Nature ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

The article is devoted to the study of such sources of electoral law in Ukraine as the Convention for the Protection of Human Rights and Fundamental Freedoms, the first Protocol to the Convention and the case-law of the European Court of Human Rights. The legal nature of these international sources of suffrage in Ukraine is considered. Attention is drawn to the peculiarities of the wording of the right to free election in Article 3 the first Protocol to the Convention. The peculiarities of the application of the above article by the European Court of Human Rights are disclosed. The importance the case-law of the European Court of Human Rights as a source of suffrage in Ukraine is emphasized. This assertion is justified by the fact that the rules of the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols are of a general and abstract nature and are interpreted and filled with real meaning in judgments of the European Court of Human Rights, which are of precedent nature. A number of legal positions of the European Court of Human Rights concerning the obligation of the state to organize and hold democratic elections, enshrined in the specific decisions of this international judicial institution, have been analyzed. In the article were covered such legal positions as: the possibility of limiting the suffrage of citizens, provided that such conditions do not interfere with the free expression of the people's opinion on the election of the legislative body; evaluation of the electoral legislation in the light of the political development of the country, taking into account national characteristics; wide discretion of the state in the choice of the electoral system, which will ensure the free expression of the opinion of the people, etc. There are a number of unresolved issues regarding the application of the case-law of the European Court of Human Rights in judicial and administrative practice in Ukraine, one of which is the possible conflict between the case-law of the Court and the rules of Ukrainian law. It is proposed to resolve this conflict at the legislative level. The conclusions focus on the peculiarities of the legal nature of these sources of suffrage in Ukraine. KEY WORDS: sources of suffrage, Convention for the Protection of Human Rights and Fundamental Freedoms, case-law of the European Court of Human Rights, right to free elections.

scholarly journals The Uglier Side of Bonnie Scotland: the Tinker Housing Experiments

2021 ◽  
Vol 3 (2) ◽  
pp. 180-208
Author(s):  
Shamus McFee
Keyword(s):  
Human Rights ◽  
International Law ◽  
Local Authority ◽  
The State ◽  
Human Rights Violations ◽  
Long Term Effects ◽  
State Party ◽  
Key Stakeholders ◽  
Scottish Government

The aim of this paper is to illumine the insidious and covert nature of the racially motivated programme of measures, implemented by the State Party and other key stakeholders in Scottish society, ostensibly designed to crush and eradicate age-old Scottish Gypsy Traveller culture. To best rationalise those actions committed necessitates exploration of various themes: the treatment meted out, the mindset underpinning those actions, the attitudinal context, the intersectionality of the human rights violations and the long term effects of the damage sustained, both at an individual and collective level, by those subjected nationally to such assimilatory schemes, culminating in an inquisition of the reasons furnished by the Scottish Government for its subsequent refusal to grant an apology to the victims – despite repeated appeals to that end. The methodology will include personal photographs, reference to historical papers, relevant newspaper articles, and files from both national and local authority archives. The corollary of these investigations will conclude that the human rights of Scottish Gypsy Travellers have been irrefutably violated under international law; this has been executed with impunity by the authorities and, inarguably, constitutes a crime against humanity.

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