scholarly journals Exploring the use of the concept human dignity in disability human rights law: from UNCRPD to EctHR

2021 ◽  
pp. 27-53
Author(s):  
Elif Celik
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Case Law ◽  
Recent History ◽  
Human Rights Law ◽  
Persons With Disabilities ◽  
European Court ◽  
History Of

The UN Convention on the Rights of Persons with Disabilities (CRPD) accommodates the concept of human dignity more fully than does any other human rights treaty. The role and interpretation of dignity is thus particularly interesting from the perspective of disability human rights and case law. This study examines the role and significance of the concept of dignity in relation to the human rights disability discourse and jurisdiction through the guidance and impact of the CRPD. It examines the currently available jurisprudence of the CRPD Committee and the European Court of Human Rights (ECtHR) in light of the CRPD, seeking to identify the rights that are particularly related to the concept of dignity through the perspective of disability and to identify the requirements of the respect for dignity for persons with disabilities. While accepting the limitations of the sources in this examination due to the recent history of the CRPD, the study nevertheless locates some points where human dignity has particular relevance to the realisation of the rights protected in the CRPD.

scholarly journals The European Court of Human Rights’ Engagement with International Human Rights Instruments: Looking at the Cases of Domestic Violence

2021 ◽  
pp. 79-96
Author(s):  
Ebru Demir
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Specific Area ◽  
Case Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
International Human ◽  
Scope Of Protection

In its recent jurisprudence on domestic violence, the European Court of Human Rights started to examine the domestic violence cases in the light of relevant international human rights law developed in this specific area. This article examines the engagement of the European Court of Human Rights with other international and regional human rights instruments in domestic violence cases. Upon examination, the article concludes that by integrating its case law into international human rights law the European Court of Human Rights broadens the scope of protection for domestic violence victims and maintains the unity of international law.

STRASBOURG'S U-TURN ON INDEPENDENCE AS PART OF AN EFFECTIVE INVESTIGATION UNDER ARTICLE 2

2015 ◽  
Vol 74 (3) ◽  
pp. 415-419 ◽  
Author(s):  
Jaka Kukavica ◽  
Veronika Fikfak
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Case Law ◽  
The State ◽  
Recent History ◽  
Private Party ◽  
Turn On ◽  
The United Kingdom ◽  
European Court ◽  
Lower Standard

AFTER McCann and Others v the United Kingdom (Application no. 18984/91) (1995) ECHR 31, in which the European Court of Human Rights first read into Article 2 the procedural obligation of effective investigation, Mustafa Tunç and Fecire Tunç (Application no. 24014/05), 14 April 2015, is perhaps one the most interesting decisions on the nature of the obligation to conduct an effective investigation in the Court's recent history. The Court, through its case law, has clarified that, when individuals have been killed by the state or a private party, the Contracting Parties have to undertake an investigation under Article 2, which has to be independent, adequate, prompt, and publicly scrutinised. It has been unclear, however, whether the element of independence had to meet criteria similar to those under Article 6, which guarantees a fair trial, or whether a lower standard was sufficient for an investigation to be considered effective in the context of Article 2. The Strasbourg court went back and forth on the issue (even adopting an absolutist approach in Al-Skeini and Others v the United Kingdom (Application no. 55721/07) (2011) ECHR 1093) and it was not until Mustafa Tunç that the issue of independence under Article 2 was addressed head-on.

scholarly journals European Consensus between Strategy and Principle

2021 ◽  
Author(s):  
Jens T. Theilen
Keyword(s):  
Human Rights ◽  
Social Transformation ◽  
Case Law ◽  
Status Quo ◽  
Human Rights Law ◽  
European Consensus ◽  
European Court ◽  
Depth Analysis ◽  
The Status ◽  
Critical Account

This study offers a critical account of the reasoning employed by the European Court of Human Rights, particularly its references to European consensus. Based on an in-depth analysis of the Court’s case-law against the backdrop of human rights theory, it will be of interest to both practitioners and theorists. While European consensus is often understood as providing an objective benchmark within the Court’s reasoning, this study argues to the contrary that it forms part of the very structures of argument that render human rights law indeterminate. It suggests that foregrounding consensus and the Court’s legitimacy serves to entrench the status quo and puts forward novel ways of approaching human rights to enable social transformation.

scholarly journals The European Court of Human Rights and (Framework Convention on) Tobacco Control

2021 ◽  
pp. 1-43
Author(s):  
Aikaterini Tsampi
Keyword(s):  
Human Rights ◽  
Global Health ◽  
Tobacco Control ◽  
Critical Appraisal ◽  
Case Law ◽  
Human Rights Law ◽  
Health Concerns ◽  
European Court

Abstract Unlike the current covid-19 pandemic, the tobacco pandemic has not been adequately assessed through a human rights law perspective, despite the fact that it raises compelling global health concerns. The ECtHR, in particular, holds a lot of potential for the promotion of the human rights-based fight against tobacco, which can be further tapped. It is for this that this article argues, on the basis of the systematisation and critical appraisal of the case law of the ECtHR on tobacco through the lens of the standards set by the who Framework Convention on Tobacco Control.

Reconciling the rules of international humanitarian law with the rules of European human rights law

2015 ◽  
Vol 97 (900) ◽  
pp. 1295-1311 ◽  
Author(s):  
Claire Landais ◽  
Léa Bass
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
European Court ◽  
Increased Risk ◽  
Protection Of Human Rights

AbstractStates party to the European Convention for the Protection of Human Rights and Fundamental Freedoms that engage in military operations abroad face an increased risk to be held responsible for violations of the Convention, given the relatively recent case law adopted by the European Court of Human Rights. This article examines some of the issues raised by the concurrent applicability of international humanitarian law and European human rights law. It also seeks to identify ways to reconcile these two different, but not incompatible, branches of international law.

Art.31 Statistics and Data Collection

2018 ◽  
Author(s):  
Pedersen Mads ◽  
Ferretti Federico
Keyword(s):  
Human Rights ◽  
Research Data ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Persons With Disabilities ◽  
National Implementation ◽  
History Of ◽  
United Nations Convention ◽  
Using Data ◽  
First Time

This chapter examines Article 31 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). It explores how a provision on statistics and research data found its way into a human rights treaty for the first time in the history of international human rights law. It explores the provision’s link with Article 32 on international cooperation and Article 33 on national implementation and monitoring. The chapter also takes a look at the current deficits in statistics and research data on disability, and describes the initiatives taken to set out more robust statistical and research data on disability issues suitable for international comparison. Finally, it highlights some of the initiatives taken and describes best practices on using data as a tool to assess how human rights are lived and experienced by persons with disabilities, with a view to considering how statistics and research data can be used to monitor the implementation of the CRPD.

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