scholarly journals The Crisis of Security of an Individual in the European Union in the Context of Refugee Rights

2019 ◽  
Vol 28 (1) ◽  
pp. 91
Author(s):  
Wojciech Konaszczuk
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Organizations ◽  
Legal Aspects ◽  
Global Scale ◽  
Point Of View ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Beings ◽  
Mutual Cooperation

<p>Globally, it is worth stressing that international law, European law and national laws must fulfill the same standards, considering the human rights laws. Since the end of the Second World War, the sphere of international human rights law, including the set of rights of human beings, increased tremendously. In the sphere of human rights, the set of refugees’ rights is one of the most important. On the other hand, the sphere of human rights since September 11 had to face the problems of security on a global scale. Today, security impacts the governments, international organizations, NGOs as well as human beings. Let us say that security influences both local and global policy. From this point of view, the article analyzes an important question: Is the human rights system able to function properly with the growing lack of security both in international and regional relations? Can the European Union and its Member States afford total acceptance of international refugee rights regulations referring to African natives? The article refers to the facts from the last few years which totally changed the attitude to human rights laws. It seems that today international organizations such as the United Nations and its specialized agencies should again work on the system of human rights referring to refugees, including legal aspects of counterterrorism. The author also takes into account the necessity of cooperation between the governments in a wider scale, including mutual cooperation and legal activity.</p>

Unaccompanied Migrant Minors at the Frontier of Human Rights. The Spanish Case

2019 ◽  
Vol 27 (4) ◽  
pp. 796-820
Author(s):  
Patrizia Rinaldi
Keyword(s):  
European Union ◽  
Human Rights ◽  
Age Determination ◽  
Fundamental Rights ◽  
International Human Rights Law ◽  
The European Union ◽  
European Union Law ◽  
Migration System ◽  
Rights Of The Child ◽  
European Values

Protecting children is paramount for upholding the European values of respect for human rights, dignity and solidarity. It is also about enforcing European Union law and respecting the Charter of Fundamental Rights of the European Union and international human rights law on the rights of the child. The existing EU legislation provides a framework for the protection of the rights of the child in migration, including reception conditions, dealing with their applications and integration. This article elaborates on provisions concerning the international protection system for minor migrants. It examines entry strategies put into place by young migrants facing the Spanish migration system. The first part examines the guidelines of the reception system for unaccompanied migrant minors arriving in Spain. An assessment of the Spanish arrangements for the reception of umms is carried out in the second part, focussing on three key aspects: refoulement at the border (pushback), age determination and guardianship.

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 The Phenomena of Fragmentation in the Legal Relations between the Council of Europe and the European Union

2020 ◽  
Author(s):  
Viktoriya Kuzma
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
The European Union ◽  
Council Of Europe ◽  
European Continent ◽  
Court Of Justice ◽  
European Court ◽  
The Law

This article presents the current issues in the law of international organizations and contemporary international law in general. It is pointed out that the division of international law into branches and institutions, in order to ensure the effective legal regulation of new spheres of relations, led to the emergence of autonomous legal regimes, even within one region, namely on the European continent. To date, these include European Union law and Council of Europe law. It is emphasized the features of the established legal relations between the Council of Europe and the European Union at the present stage. It is determined that, along with close cooperation between regional organizations, there is a phenomenon of fragmentation, which is accompanied by the creation of two legal regimes within the same regional subsystem, proliferation of the international legal norms, institutions, spheres and conflicts of jurisdiction between the European Court of Human Rights and the Court of Justice of the European Union. It is revealed that some aspects of fragmentation can be observed from the moment of establishing relations between the Council of Europe and the European Union, up to the modern dynamics of the functioning of the system of law of international organizations, the law of international treaties, law of human rights. Areas and types of fragmentation in relations between international intergovernmental organizations of the European continent are distinguished. One way to overcome the consequences of fragmentation in the field of human rights is highlighted, namely through the accession of the European Union to the Convention on Human Rights and Fundamental Freedoms 1950. Considerable attention has also been paid to defragmentation, which is partly reflected in the participation of the European Union in the Council of Europe’s conventions by the applying «disconnection clause». It is determined that the legal relations established between an international intergovernmental organization of the traditional type and the integration association sui generis, the CoE and the EU, but with the presence of phenomenon of fragmentation in a close strategic partnership, do not diminish their joint contribution into the development of the law of international organizations and contemporary international law in general. Key words: defragmentation; European Union; European Court of Human Rights; Convention on Human Rights and Fundamental Freedoms 1950; conflict of jurisdictions; «disconnection clause»; Council of Europe; Court of Justice of the European Union; fragmentation; sui generis.

Book IV Multilateral Diplomacy, Human Rights, and International Organizations, 22 The European Union—II External Relations

2016 ◽  
Author(s):  
Berman Paul
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Organizations ◽  
International Level ◽  
The European Union ◽  
External Relations ◽  
Single State ◽  
Common Policies ◽  
Multilateral Diplomacy ◽  
The Eu

This chapter examines the unique characteristics of the European Union in conducting its external relations, including its limitations and complex division of responsibilities. The Union’s position on the international stage has frequently been seen as ambiguous. Its extensive common policies and legislation, and its extensive relations with third States and international organizations, can create the expectation that the European Union can or should act at the international level in a manner akin to that of a single State. However the Union can only act within the limits of the powers conferred on it by its Member States under the EU Treaties and the complex division of responsibilities amongst the Union’s own institutions. As such, dealing with the European Union at the international level can indeed be perplexing.

scholarly journals Conflict and Sovereignty. The Debate between the United States and the European Union

2009 ◽  
Vol 11 ◽  
pp. 98-116
Author(s):  
Miłowit Kuniński ◽  
Clarinda Calma
Keyword(s):  
United States ◽  
European Union ◽  
The United States ◽  
Global Scale ◽  
Point Of View ◽  
Western World ◽  
Political Transformation ◽  
The European Union ◽  
Political Actors ◽  
Distribution Of Power

Certainly we are dealing with a profound and long-lasting crisis at the core of the Western World, caused by the fall of the communist system – as many have already pointed out – which changed the previous distribution of power and enabled a clearer and more open redefinition of the interests of its main political actors. This crisis will be characterized by irregular outbursts of aggressive activity, often far exceeding the norms of diplomatic correctness, by periods of collaborative effort, particularly if the West faces serious threats on a more global scale and has to deal with serious political games. It is certain that the main source of this present crisis is the rivalry that has been waged on various fronts between the US and the European Union. It can be therefore affirmed that, from the point of view of the logic of political transformation, the Union must aim toward an external sovereignty. This process will certainly be a long one, and will undoubtedly involve recurring frictions between the European Union and the United States. This will be the symptom of the process of building the sovereignty in opposition to a state whose legal and international sovereignty cannot be questioned, and whose practical sovereignty has been expressed in the active participation in the international arena for almost 200 years.

Trafficking in Human Beings for the Purpose of Labour Exploitation

2016 ◽  
Vol 34 (4) ◽  
pp. 318-339 ◽  
Author(s):  
Julia Planitzer
Keyword(s):  
European Union ◽  
Human Rights ◽  
Supply Chain ◽  
Supply Chains ◽  
The European Union ◽  
Human Beings ◽  
The United Kingdom ◽  
Labour Exploitation ◽  
Modern Slavery ◽  
Trafficking In Human Beings

This article gives an overview of current legal initiatives for enhanced transparency regulations for corporations and the actions they take against trafficking in human beings (THB). The California Transparency in Supply Chains Act (CTSCA) has an influence on legal initiatives in Europe, in particular in the United Kingdom. The UK's Modern Slavery Act includes the obligation for corporations to report on actions taken against THB and slavery. In addition, at the European Union level, measures to enhance obligatory reporting on non-fnancial matters, such as human rights matters, are to be implemented in national legislation in the next years. This article compares the California Transparency in Supply Chains Act with the UK's Modern Slavery Act. In order to decrease exploitation along the supply chain, the article concludes that legislation should not only require obligatory reporting but also oblige corporations to implement measures to prevent THB related to their activities.

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

Sign in / Sign up

Export Citation Format

Share Document