scholarly journals EU, Trading and human rights: consistent framework?

2021 ◽  
pp. 244-260
Author(s):  
Carolina Jiménez Sánchez
Keyword(s):  
European Union ◽  
Human Rights ◽  
Negative Impact ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
The Relationship ◽  
Human Rights Violation ◽  
The Eu

The relationship between European Union and International Human Rights Law has not always been close. The global projection of the EU, specially, its interest in becoming a leader in international trade, is facing its negative impact in some territories, specially those affected by human rights violation or negation of fundamental rules of International Law, such as ius cogens self-determination of people. This paper will examine to what extend the practice of the European Union trading with occupying and administrative powers in some territories could jeopardise its compliance with its own values and principles.

Fixing, Adjusting, Regulating, Protecting Human Rights - The Shifting Uses of Regularisations in the European Union

2011 ◽  
Vol 13 (3) ◽  
pp. 297-316 ◽  
Author(s):  
Albert Kraler
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
The European Union ◽  
Human Rights Law ◽  
Irregular Migrants ◽  
National Human ◽  
Almost All ◽  
Human Rights Based Approach ◽  
The Eu

AbstractAlmost all Member States in the European Union currently make use, or in the past have made use of some form of regularisation of irregular immigrants, although to greatly varying degrees, in different ways and as a rule only reluctantly. A distinct feature of recent regularisations has been the shift towards a humanitarian justification of regularisation measures. In this context, regularisation has become reframed as an issue of the protection of irregular migrants’ human rights. As a result, regularisation has to some extent also been turned from a political tool in managing migration into an issue of international, European and national human rights law. While a human rights framework indeed offers a powerful rationale and at times compelling reasons why states ought to afford a legal status to irregular migrants, I argue that a human rights based approach must always be complemented by pragmatic considerations, as a human rights based justification of regularisation alone will be insufficient to find adequate responses to the changing presence of irregular migrants in the EU, not all of which can invoke human rights based claims to residence.

scholarly journals THE DETERMINATION OF THE EUROPEAN UNION IN THE INTERNATIONAL PROMOTION OF HUMAN RIGHTS

2021 ◽  
Vol 7 (1) ◽  
pp. 81-90
Author(s):  
Mentor Lecaj ◽  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Moral Obligation ◽  
Research Work ◽  
The European Union ◽  
Legal Rules ◽  
Eu Policy ◽  
Political Principles ◽  
The Eu

This paper aims to explain the legal, political and moral obligation of the European Union institutions in the promotion, advancement, respect, and implementation of human rights and freedoms as a universal value, and above all as binding legal- political principles during their efforts in relations with actors both inside and outside the EU. This research work simultaneously analyzes and interprets international legal rules that regulate human rights. Moreover, the cases and means in promoting the human rights used by the European Union in different cultural regions have been compared and analyzed as well as the possibility of changing the approach of EU policy towards countries where the highest level of resistance exist in the accepting of such values.

Equality and Non-discrimination Law in the EU

2021 ◽  
pp. 387-462
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
International Human Rights ◽  
Men And Women ◽  
Treaty Of Rome ◽  
International Human ◽  
The Right ◽  
The Eu

This chapter addresses equality and non-discrimination, which are explicitly acknowledged as foundational values in the EU context in Article 2 TEU. Similarly, the right to non-discrimination enjoys wide recognition in international human rights law. In the EU, non-discrimination had a specific role to play from the outset of European integration. Despite being founded without explicit reference to human rights, the original Treaty of Rome nonetheless prohibited discrimination on the basis of nationality (now Article 18 TFEU), as well as discrimination regarding pay between men and women (now Article 157 TFEU). Today, the scope of non-discrimination was enlarged, paving the way for Directives on racial equality and non-discrimination in the field of employment on the grounds of religion, disability, age, and sexual orientation. Moreover, the Court of Justice of the European Union (CJEU) identified the principle of equality as a general principle of EU law.

Foreigners: Wanted Dead or Alive?

2016 ◽  
Vol 18 (4) ◽  
pp. 409-441
Author(s):  
Céline Bauloz
Keyword(s):  
European Union ◽  
Human Rights ◽  
Premature Death ◽  
Integrated Approach ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
European Court ◽  
The One ◽  
Seriously Ill

While non-refoulement is an absolute principle of international human rights law, its application to seriously ill individuals exposed to premature death and physical and mental suffering because of the substandard medical system in their country of origin seems to have followed a double standard in Europe. On the one hand, medical cases are increasingly treated at the margin of the non-refoulement principle by the European Court of Human Rights, being only covered in highly exceptional cases. On the other hand, seriously ill individuals have been excluded from the scope of subsidiary protection in the European Union as confirmed by the Court of Justice of the European Union. Against such restrictive interpretations, the present article calls for an integrated approach where all non-refoulement claims, including those on medical grounds, are to be assessed along the same criteria so as to ensure seriously ill individuals a genuine right to live in dignity.

scholarly journals Human Rights Relationship between the European Union and China: The EU Approach to the Post-Tiananmen Incident and Xinjiang Crisis in China

2021 ◽  
Vol 4 (1) ◽  
pp. 108-116
Author(s):  
Mur-Hamida Sapaih Eldani
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Human Rights Violation ◽  
Rights Issues ◽  
The Eu

This paper specifically deals with the European Union and China Human Rights, Tiananmen, and Xinjiang. As a human rights promoter and protector, the EU turned its attention to the human rights violation issues in Tiananmen and Xinjiang. This work propels the readers to realize the EU’s efficiency and approach on human rights issues. By reviewing literature works related to the study’s theme, this review essentially examines the EU approaches in the post-Tiananmen and Xinjiang human rights dilemma. Also, it scrutinizes how the EU’s Human Rights differ from China and its impact on their human rights relationship. It indicates that the EU response during the post-Tiananmen and Xinjiang crisis was relatively weak and insufficient. Correspondingly, the diverse concept of human rights between the EU and China and their conflicting views lessen their human rights negotiations and decrease the chance of stable human rights relations.

Towards ever greater coherence? Human rights policies in the evolving EU

2020 ◽  
pp. 569-588
Author(s):  
Lisa Ginsborg ◽  
Graham Finlay
Keyword(s):  
Economic Policy ◽  
Human Rights ◽  
Policy Making ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
International Human Rights ◽  
Structural Coherence ◽  
International Human ◽  
The Eu

Coherence remains one of the most important challenges facing the European Union (EU) with respect to its commitment to human rights. While perfect coherence in EU human rights policy may never be possible, and is perhaps not even desirable, the normative coherence of EU human rights policy-making under international human rights law remains essential to uphold such a commitment and ultimately to avoid human rights violations by EU actors themselves. ‘Hard interests’, including security, managing migration, or economic policy, must never be used as an excuse to violate human rights, especially by the EU. The present chapter offers a number of suggestions to overcome different types of incoherence, and to promote normative, interest-based, and structural coherence in EU human rights action. Starting from this three-fold typology of incoherence, the chapter identifies different ways in which incoherence is a challenge for EU human rights policy, and offers suggestions to EU actors for opportunities to promote coherent human rights policy and best practices in this regard. Despite the EU’s complex institutional structure and web of competences, significant opportunities remain for the EU and its Member States to act coherently for human rights, both through law—in particular international and regional human rights law—and through the practice of EU actors themselves.

The Western Sahara Cases before the Court of Justice of the European Union and International Law

2019 ◽  
Vol 18 (2) ◽  
pp. 327-352
Author(s):  
Balingene Kahombo
Keyword(s):  
European Union ◽  
International Law ◽  
Vienna Convention ◽  
International Human Rights Law ◽  
The European Union ◽  
Western Sahara ◽  
Court Of Justice ◽  
The Law ◽  
The Eu

Abstract This paper reviews the relevance of the Western Sahara cases brought before the Court of Justice of the European Union to international law. These cases relate to the contestations of the consistency of a number of economic agreements concluded between the European Union (EU) and the Kingdom of Morocco, as well as the EU acts that approved them, with the Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The issues arising from these disputes include the legality of the Court’s jurisdiction to review the validity of a treaty which is already in force between parties and the rules of international law that the contested legal instruments have violated, perhaps entailing their invalidity under EU law. While the Court has rightly found that none of the aforementioned agreements is applicable to Western Sahara—since their territorial scope does not extend to a territory which is not subject to Moroccan sovereignty——this paper tries to answer a different question as to whether the Court’s decisions are in line with international law. It is demonstrated that though the Court’s competence to rule on the validity of EU unilateral acts is obvious, the establishment of its power to review the validity of a treaty which is in force, such as the fisheries agreement of 2006, is dubious because of the inconsistency of such power with the Vienna Convention on the Law of Treaties. In any event, the question which remains to be solved—and which was not submitted to the Court—pertains to the determination of the effects of the illegal application of the EU-Morocco agreements to Western Sahara on the rights of its people. It is concluded that such an application has violated the law of occupation and eventually international human rights law. These violations do not touch upon the validity of the contested legal instruments but relate to the question of responsibility for a wrongful act stemming from the illegal application of those agreements to occupied Western Sahara in a manner which is harmful to the interest of its people.

scholarly journals ASPECTS OF THE INTERACTION BETWEEN THE COURT OF JUSTICE B OF THE EUROPEAN UNION AND THE EUROPEAN COURT OF HUMAN THE EUROPEAN RIGHTS AFTER OPINION NO. 2/13

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 96-116
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship ◽  
The Eu

The present article is dedicated to one of the most debatable aspects of human rights protection in the European Union (EU), specifically the question of whether the EU should accede to the European Convention on Human Rights (ECHR). This article analyzes the maintained deficit in the functioning of the European Union in terms of the important parameters of democracy as a result of the failed EU accession to the ECHR as well as the new reality created in the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) after the negative Opinion no. 2/13 of the CJEU and the changes in the nature of the interaction between the two European courts in this changed situation.

scholarly journals PERLINDUNGAN HUKUM HAK ASASI MANUSIA INTERNASIONAL TERHADAP IMIGRAN SURIAH

Yustitia ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 148-158
Author(s):  
Mentari Jastisia
Keyword(s):  
European Union ◽  
Human Rights ◽  
Asylum Seekers ◽  
European Convention ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Status ◽  
International Human

Immigrants are people who have fled from their country to other countries where they can be referred to as refugees or asylum seekers. There are legal instruments that regulate and provide protection for them. Arrangements for asylum seekers are contained in the 1967 Declaration of Territorial Asylum, State practice, humanitarian issues, Declaration of Human Rights (UDHR). Meanwhile, the arrangements for refugees are contained in the Convention Relating to the Status of Refugees 1951, Protocol relating to the status of Refugees 1967, International Covenant on Civil and Political Rights (ICCPR). This papers uses a normative juridical method. This juridical approach is because this research analyzes existing legal aspects, and is normative because this research focuses more on the analysis of existing laws and regulations and other regulations, using secondary data, namely scientific references or other scientific writings as study material that can support the completeness of this scientific papers. Regarding legal protection for Syrian immigrants, the same applies to immigrants from other state as regulated in the arrangements that have been regulated. Countries in the European Union implement international human rights law protections for Syrian immigrants residing in European Union countries consistently as mandated in the European Convention on Human Rights, Convention applying the Schengen Agreement dated June 14, 1985, Lisbon treaty, Dublin II Regulation (Council Regulation (EC) 343/2003) 2003. The indication is that there are several countries in the European Union such as Greece, Hungary which refuse and do not want to take more responsibility for their obligations as a State related to the provisions of international human rights law to provide protection for Syrian immigrants. in Europe

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