scholarly journals The American Convention on Human Rights. Updated by the Inter-American Court

Iuris Dictio ◽  
2017 ◽  
Author(s):  
Alvaro Paúl
Keyword(s):  
Human Rights ◽  
Case Law ◽  
International Treaties ◽  
Do So

This work attempts to provide an instrument allowing non-specialized readers to become acquainted with the Inter-American Court of Human Rights case law. In order to do so, it inserts the Inter-American Court’s case law into the American Convention on Human Rights. The author makes this insertion using the prescriptive and concise format of international treaties, so that the result of this work is neither a manual nor a casebook, but a document that is brief and easy to consult.

scholarly journals Old age psychiatry and the law

2002 ◽  
Vol 180 (2) ◽  
pp. 116-119 ◽  
Author(s):  
Robin Jacoby
Keyword(s):  
Human Rights ◽  
Old Age ◽  
Case Law ◽  
European Convention ◽  
The Status ◽  
Human Rights Act ◽  
Old Age Psychiatry ◽  
Human Rights Act 1998 ◽  
Incapacitated Patients ◽  
Do So

BackgroundOld age psychiatry is no less subject to increasing legal and quasi-legal restraint than other branches of the profession, but the emphases are different. Two themes predominate: first, that of capacity or competence; and second, to what extent formal legal measures should be implemented in cases where incapacitated patients do not dissent from, as opposed to giving active consent to, admission to hospital or receiving treatment.AimsTo discuss the issues of capacity or competence, especially in relation to recent legislation and judgements and to proposed legislation in England and Wales.MethodSelective review and discussion of recent case law and current and proposed statute law.Results and conclusionsThe Bournewood case threatened but ultimately failed to upset the status quo. However, the European Convention on Human Rights and the British Human Rights Act 1998 may yet do so.

scholarly journals ON DIGNITY, VULNERABILITY, INDIGENOUS PEOPLES AND FISHERFOLKS: CHILEAN SUBSISTENCE FISHING ACCORDING TO INTERNATIONAL HUMAN RIGHTS

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Eduardo Roig Monge
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Case Law ◽  
International Treaties ◽  
Conceptual Approach ◽  
International Human Rights ◽  
Right To Food ◽  
International Human ◽  
The Right ◽  
Subsistence Fishing

Abstract Subsistence fishing is a confusing and heterogeneous fishery construct. Even so, its connection to human protection compels us to analyze it through the lens of human rights. Using the case of Chile due to its legal peculiarities, we aim to determine the scope of the Chilean legislation on subsistence fishing, integrating international treaties on human rights, case law, and reports from United Nations agencies regarding three issues. First, we examine how the Chilean legislation relates to the right to food and the promotion of decent social conditions. Next, we explain why the prohibition of riggings and propulsion enables us to identify economically precarious users and how this prohibition is related to vulnerabilities and poverty as human rights concepts. Finally, we show how the property of indigenous peoples and the culture of fisherfolk populations could impose their inclusion and preferences in access to subsistence fishing resources. Considering the results, we hold that human rights help to clarify the understanding of it and propose partial amendments to the Chilean legislation on subsistence fishing. But, above all, they introduce protection standards that allow us to see such legislation not as a mere derivation of state privilege, but as an attempt to foster a situation of equality: an affirmative action. We conclude by presenting a conceptual approach for Chilean subsistence fishing, suggesting that it could help to unveil new objectives and rights in fishing, and even influence the understanding of natural resource allocation.

scholarly journals Admissibility of evidence before the Inter-American Court of Human Rights

2017 ◽  
Vol 13 (2) ◽  
pp. 653-676
Author(s):  
Álvaro Paúl
Keyword(s):  
Human Rights ◽  
Case Law ◽  
American System ◽  
Relevant Case ◽  
Made In ◽  
Do So

Abstract The Inter-American Court of Human Rights performs a wide evidentiary analysis, which tends to be very flexible in its admission of evidence. This paper tries to decipher the extent, applicability, and content of the Court’s admissibility rules, both the norms established by the Court itself, and those that the Court is obliged to follow. In order to do so, this article will analyze the relevant case law of the Court and provide some examples. Within this analysis, this article refers in depth to some unclear rulings that the Court has made in relation to the exclusion of evidence obtained via coercion, some of which seem to clash with the central role of truth in the Inter-American system.

Potential Effect of the Law of Belligerent Occupation on the Applicability of Investment Treaties in Occupied Territories

2018 ◽  
Vol 18 (2) ◽  
pp. 152-169
Author(s):  
Petr Stejskal
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Potential Effect ◽  
Bilateral Investment Treaties ◽  
International Treaties ◽  
Foreign Investments ◽  
Occupied Territory ◽  
Human Rights Treaties ◽  
Occupied Territories ◽  
Investment Treaties

AbstractThis article focuses on the applicability of bilateral investment treaties on the conduct of the occupying power towards foreign investments situated in the occupied territory. It examines the content of the obligation to respect the laws in force in the occupied territory as prescribed by Art. 43 of the Convention (IV) respecting the Laws and Customs of War on Land. Some authors proposed an idea that this obligation is a gateway provision for the applicability of international treaties which are in force in the occupied territory on the conduct of the occupier. They refer to the case-law dealing with the applicability of human rights treaties in occupied territories. However, after the interpretation of this provision and inquiry into the case-law, this paper reaches the con­clusion that the obligation to respect the laws in force does not have this effect. Instead, it deals with the legislative powers of the occupying power.

Inequality, Victimhood, and Redress

2020 ◽  
Author(s):  
Rita Kesselring
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
South African ◽  
Human Life ◽  
Social Groups ◽  
Case Law ◽  
Federal Courts ◽  
Legal Norms ◽  
The Law ◽  
Do So

In relation to inequality, the law is ambivalent. Legal norms can be used to create or formalize differences in a society, but social groups can also use legal norms in their attempts to attenuate inequality. This contribution differentiates three ways in which law can affect structures of inequality: legislation, case law, and law enforcement, and law’s discursive forms and legal practices. It focuses on the latter, or what Bourdieu calls ‘the force of law’, at the level of lived reality. To do so, it examines the apartheid litigations where South African victims of human rights violations turned to U.S. federal courts to seek redress, and shows how, in that pursuit, new forms of inequalities were produced. As the law needs to valuate life, the evaluation of human life poses the danger of producing new disparities. Recourse to the law can, however, also be emancipatory for the injured. Both effects—emancipation from and cementation of inequalities—have societal rather than mere technical causes.

scholarly journals DEROGATION OF HUMAN RIGHTS DURING STATES OF EMERGENCY (COMPARATIVE ANALYSIS OF CASE LAW OF INTERNATIONAL BODIES FOR THE PROTECTION OF HUMAN RIGHTS)

2016 ◽  
pp. 0-0
Author(s):  
Ольга Киселева ◽  
Olga Kiseleva
Keyword(s):  
Complex System ◽  
Human Rights ◽  
Case Law ◽  
International Treaties ◽  
International Human Rights ◽  
International Treaty ◽  
Judicial Decisions ◽  
States Of Emergency ◽  
Protection Of Human Rights ◽  
International Human

In case of emergency state authorities are more inclined to abuse their powers and authority, so the international community created a complex system of application for derogation, which has its own features in every international treaty for the protection of human rights. Moreover, there are only general expressions in the texts of international treaties, while the necessary interpretation of legal derogation from the obligations is contained in the acts of international human rights bodies (in judicial decisions, as well as interpretations, such as the General Comment of the United Nations Human Rights Committee). This article analyses different approaches of the international bodies to the regulation of derogation of human rights during states of emergency.

scholarly journals Juvenile Defendants’ Right to be Tried within a Reasonable Time in Cambodia: An International Human Rights Analysis

Youth Justice ◽  
2019 ◽  
Vol 19 (1) ◽  
pp. 42-62
Author(s):  
Aekje Teeuwen
Keyword(s):  
Human Rights ◽  
Juvenile Justice ◽  
Case Law ◽  
International Treaties ◽  
International Human Rights ◽  
Reasonable Time ◽  
Unique Position ◽  
Legislative Framework ◽  
International Human ◽  
The Right

A delay in proceedings pending trial has a significant impact on defendants, particularly juveniles. The majority of prominent human rights instruments and their governing bodies seek to address the right to be tried within a reasonable time. Nevertheless, the unique position of juvenile defendants in relation to this right is considered with substantial inconsistency. Cambodia has ratified several international treaties acknowledging this fundamental right and recently adopted the Juvenile Justice Law. Consequently, this article examines the extent to which the right for juvenile defendants to be tried within a reasonable time has been incorporated into the relevant international, as well as the Cambodian legislative framework, and case law.

Proportionality and the Human Rights of Companies Under the ECHR – Whose Interests are at Stake?

2020 ◽  
Vol 89 (3-4) ◽  
pp. 327-342
Author(s):  
Eduardo Gill-Pedro
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Free Expression ◽  
Human Beings ◽  
European Court ◽  
A Company ◽  
Do So

Abstract This article considers whose interests may be at stake when a company claims its human rights under the European Convention on Human Rights (echr). In order to do that, the article will first investigate whether it makes sense to conceive of companies as persons capable of having their own interests. It finds that it is possible to do so. The article proceeds to analyse the case law of the European Court of Human Rights (ECtHR) in respect of claims regarding their companies’ right to property, free expression and respect for home, considering whether, when the Court assesses the proportionality of the alleged interference, it is the interests of the company claiming the rights that are at stake. The article concludes it is possible to understand the case law of the court as not necessarily placing the interests of the company in the balance when assessing the proportionality of interferences with the Convention rights of companies. The article suggests that such an understanding is normatively desirable if we consider human rights as instruments for the protection of human beings.

scholarly journals The principle of good governance: national and european judicial practice

2021 ◽  
pp. 189-197
Author(s):  
Ya.O. Bernazyuk
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
Case Law ◽  
Public Law ◽  
Constitutional Court ◽  
International Treaties ◽  
Judicial Practice ◽  
European Court ◽  
Euro Pean ◽  
Main Components

The article reveals the content of the principle of good governance based on the analysis of the Constitution and laws of Ukraine, international treaties, decisions of the Constitutional Court of Ukraine, as well as decisions of the European Court of Human Rights and the Supreme Court.The author analyzes the decisions of the European Court of Human Rights, which formulates the principle of good governance in its modern sense, and on the basis of this analysis determines its content and features. It has been established that the rulings of the European Court of Human Rights have established a consistent practice of understanding the principle of good governance, which includes five main components, a detailed analysis of each of which is based on specific examples. It was found that the principle of good governance is characterized by the dynamics of its development, which is manifested in the constant expansion of the content of this principle. It is argued that the permanent development of the principle of good governance has led to the formation of a new component of this principle - proportionality.The national case law in cases arising from public law disputes is described and the approach of courts to the application of the principle of good governance is clarified. It is substantiated that there is a well-established case law in social disputes, according to which one of the manifestations of the principle of good governance is that in the absence of an effective mechanism for guaranteeing social benefits provided by law, in full or no statutory expenditures for such benefits. should make it impossible to protect the property rights of a person guaranteed by Article 41 of the Constitution of Ukraine. Other aspects of the application of the principle of good governance in judicial practice have been clarified and analyzed. Based on the analysis, a conclusion is drawn about the importance of the principle of good governance in Euro-pean and national case law.

scholarly journals Recent Case Law of the European Court of Human Rights: an Overview

2007 ◽  
Vol 35 (2) ◽  
pp. 262-277 ◽  
Author(s):  
Valeriy A. Musin
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Case Law ◽  
European Countries ◽  
International Treaties ◽  
Council Of Europe ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Russian Federation

In 2006 the Russian Federation was chair of the Committee of Ministers of the Council of Europe. Our motto was: “Towards united Europe without dividing lines.” In order to make European countries closer to each other it is very important to insure unified interpretation and application of norms contained in international treaties. Such harmony between countries requires us to first consider the terms in the Convention for the Protection of Human Rights and Fundamental Freedoms.

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