scholarly journals The Rights of Intersex Persons to Establish a Family under Albanian Law. Practice of the ECHR

2015 ◽  
Vol 5 (2) ◽  
pp. 137
Author(s):  
Dr.Sc. Jorida Xhafaj
Keyword(s):  
Human Rights ◽  
Family Relationships ◽  
Family Life ◽  
National Legislation ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Provisions ◽  
European Court ◽  
Definition Of ◽  
The Right

identity is the way in which a person is self-identified with a gender category, as for example to be female or male, or in some cases intersex, which is none of the distinguishable biological sexes. In principal, intersex persons are part of the society with their rights and obligations, which are not the same with those of the other members of society, in special areas of life.This paper aims to treat the right of intersex persons to marriage and to establish a family. The paper begins with an overview of definition of intersex persons, their rights, and focuses primarily on the right to establish a family.The right for a family life has found protection in the Albanian national legislation. The Constitution of theRepublicofAlbaniaof 1998 in its Article 53 stipulates that "everyone has the right to marry and have a family" establishing the principle of equality before the law, closely linked to the principle of non-discrimination. The legal provisions set a controversial position on the right to get married and to establish family relationships of the intersex persons, which is based on different arguments.For the purposes of the research, we aim also to compare the national legislation with the European principles and practice of the European Court of Human Rights (hereinafter referred as ECHR). The paper also includes the opinions and recommendations of Albanian institutions, as well as those of foreign ones, mainly European, in the area of human rights protection, and especially regarding the rights of the intersex persons.

1 The Court Over Sixty Years

2020 ◽  
Author(s):  
Nussberger Angelika
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Peace Treaty ◽  
Member States ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Definition Of ◽  
The Individual ◽  
Violent Conflicts

This introductory chapter provides a background of the European Convention on Human Rights (ECHR), a multilateral treaty based on humanism and rule of law. Similar to the—albeit non-binding—Universal Declaration of Human Rights (UDHR), the ECHR is a document that marks a change in philosophy and gives a new definition of the responsibility of the State towards the individual. It fixes basic values in times of change and paves the way towards reconciliation in Europe. Unlike in a peace treaty, not all wartime enemies participate in its elaboration, but, one by one, all the European States accede to it, signalling their consent to the values fixed by a small community of States in the early 1950s. Seven decades later, forty-seven European States have ratified the Convention. Admittedly, the new start based on common values could not prevent the outbreak of violent conflicts between Member States. At the same time, the resurgence of anti-democratic tendencies could not be successfully banned in all Member States, but such tendencies could be stigmatized as grave human rights violations in binding judgments of the European Court of Human Rights (ECtHR). Thus, it is not surprising that the European model of human rights protection has been attractive and inspirational for other parts of the world. Nevertheless, there was and is a debate in some Member States to withdraw from the Convention as the Court’s jurisprudence is seen to be too intrusive on national sovereignty.

RIGHT TO GOOD ADMINISTRATION AS SEEN BY THE EUROPEAN COURT OF HUMAN RIGHTS

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 29-47
Author(s):  
Kacper Rożek
Keyword(s):  
Human Rights ◽  
The European Union ◽  
Legal Provisions ◽  
European Court ◽  
Euro Pean ◽  
Principle Of Proportionality ◽  
Definition Of ◽  
Right To Good Administration ◽  
Administrative Proceedings ◽  
The Right

The following article analyzes the judicature of the European Court of Human Rights in search for the definition of the term “right to good administration”, which is new for the whole administrative law branch and, at the same time, very important as far as an individual citizen is concerned. The research has been supported by the already existing view in literature as well as by the analysis of the legal provisions as adopted by the Euro¬pean Union. The result of the aforementioned explorations is surprising. It turned out that the European Court of Human Rights had already touched upon the said term, which is “right to good administration”, even before it became the subject of interest in the European Union. The Court, in its verdicts, also highlighted such characteristics as the principle of proportionality or thorough, objective and fast-paced administrative proceedings. As far as the European Court of Human Rights is concerned, the right to good administration should be treated as one of the key rights in the public law doctrine.

The Right to Invoke Rights as a Limit to Sovereignty – Security Interests, State of Emergency and Review of un Sanctions by Domestic Courts under the European Convention of Human Rights

2017 ◽  
Vol 86 (3) ◽  
pp. 275-301 ◽  
Author(s):  
Stefan Kadelbach ◽  
David Roth-Isigkeit
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Public Security ◽  
State Of Emergency ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Independent Review ◽  
The Right

Recently, human rights law has been restricted increasingly by measures taken in the interest of public security. This raises the question whether there are limits in human rights protection that cannot be touched without questioning the very essence of individual rights protection itself. This article submits that the jurisprudence of the European Court of Human Rights (ECtHR) in cases dealing with the compatibility of measures taken in the public interest with the echr has defined such limits predominantly in terms of procedure. Accordingly, individuals must not be deprived of the right to independent review in the light of their fundamental rights. Thus, the Court has been developing what may be called a right to invoke rights, a procedural component underlying all guarantees of the Convention. This principle has been established and upheld in three different constellations: general measures for public security, states of emergencies and the implementation of un sanctions regimes.

Tajemnica adwokacka w świetle orzecznictwa Europejskiego Trybunału Praw Człowieka

2020 ◽  
Vol 29 ◽  
pp. 367-376
Author(s):  
Kacper Milkowski ◽  
Keyword(s):  
Human Rights ◽  
Public Authorities ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedures ◽  
True Knowledge ◽  
The Right ◽  
Transfer Of Information

The attorney–client privilege is one of the fundamental elements that determines the actual assurance of the right to legal aid. It allows for the existence of trust between the client and the attorney, creating optimal conditions for the free and unrestricted transfer of information and comments between them. This, in turn, means that the attorney – equipped with full and true knowledge from the client, can most effectively assist in seeking protection of his rights and freedoms in court or before other public authorities. This means that attorney–client privilege increases the effectiveness of legal assistance and, consequently, access to court and enforcement of judicial procedures for the protection of all rights and freedoms. The article analyzes the significance of the attorney–client privilege in the context of the jurisprudence of the European Court of Human Rights. The ECtHR has repeatedly ruled on the protection of the attorney–client privilege as part of the human rights protection system. The Tribunal places the right to keep secret the information provided between the client and the lawyer in the sphere of guarantees arising from Article 6 (right to court) and Article 8 (right to protect communication) of the Convention for the Protection of Human Rights and Fundamental Freedoms.

scholarly journals Sports in the Case-Law of the European Court of Human Rights

2019 ◽  
Author(s):  
Jakub Czepek
Keyword(s):  
Human Rights ◽  
International Law ◽  
Case Law ◽  
Council Of Europe ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Point Of Interest ◽  
European Court ◽  
Degrading Treatment ◽  
The Right

Sport has been an object of interest of international law on several occasions. It has also been a point of interest of regional human rights protection, for example within the legal system of Council of Europe. Recently, the European Court of Human Rights has developed its case-law concerning sport-related issues, such as football supporters related violence and prevention of events of hooliganism, anti-doping related issues or fairness of proceedings before The Court of Arbitration for Sport (CAS) in Lausanne or the protection of professional athletes’ rights in the context of anti-doping requirements. The article focuses on the ECtHR case-law relating to sport within the meaning of the  right to life (art. 2 of the ECHR), prohibition of torture of inhuman or degrading treatment or punishment (art. 3 of the ECHR), right to liberty and security (art.5 of the ECHR), right to a fair trial (art.6 of the ECHR) or right to protection of private and family life (art.8 of the ECHR).

scholarly journals Nagorno-Karabakh in the jurisprudence of the European Court of Human Rights

2021 ◽  
Vol 73 (1) ◽  
pp. 106-123
Author(s):  
Aleksa Nikolic
Keyword(s):  
Human Rights ◽  
Point Of View ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The People ◽  
European Court ◽  
European System ◽  
The Status ◽  
The Right

The paper analyses the conflict between Azerbaijan and Armenia over Nagorno-Karabakh from the point of view of the jurisprudence of the European Court of Human Rights (ECtHR) regarding the violation of human rights of the warring parties directly related to the disputed territory. The European system of human rights protection is one of the greatest European achievements in the field of law, especially if we keep in mind that its judgments are binding on the signatories of the European Convention on Human Rights and Freedoms (ECHR), thus giving it suprajudicial power. Through the analysis of two cases, Sargsyan vs Azerbaijan and Chiragov and others vs Armenia, the Court addressed some very interesting issues that may encourage different interpretations of the European Convention on Human Rights and Freedoms (ECHR), but also directly affect the resolution of the Nagorno-Karabakh conflict. In this regard, the analysis of the (non) existence of the right of the people of Nagorno- Karabakh to self-determination is especially interesting and significant. The author concludes that the ECtHR in its judgments has taken certain positions that may be of great importance in resolving the status of Nagorno-Karabakh before the international community and international organisations.

Securing the right of the child to express views in the process of a case adjudication: international bodies of human rights protection’ approach

2021 ◽  
Vol 7 ◽  
pp. 45-50
Author(s):  
N. V. Kravchuk ◽  
Keyword(s):  
Human Rights ◽  
International Standards ◽  
Judicial Process ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Minor Children ◽  
The Russian Federation ◽  
Child Friendly ◽  
The Right

While considering the case related to the rights and interests of the child the judge can face the situation raising questions about the substance of the right of the child to express views and practical aspects of its realization. Some of these questions, which were not yet clarified by the Supreme Сourt of the Russian Federation, could be considered through the perspective of corresponding international standards. These standards reflect principles of child-friendly justice and cannot be divided into those applied within the sphere of criminal justice and those for civil and family cases. The necessity to secure a possibility for a child to voice his/her views requires certain adaptation of the judicial process for the needs and capacities of the child. «The style» of the process should be changed along with the procedure. Two principles were underlined by the international bodies in this context: active protection of the child by the court and the necessity of a child-sensitive approach. Their application is demonstrated basing on the European Court of human rights’ jurisprudence. While international human rights bodies give considerable weight to the possibility to hear the child directly, they nevertheless accept this is not always for the benefit of the child or justice. This applies not only to minor children but to those older than 10 y. o. as well. In such situations, the court has to seek assistance from a professional qualified to hear the child. However it is the court that bears the responsibility for the judgment even when expert's opinions it received were contradictory or those of low quality.

The Internationalization Of Human Rights And The Importance Of Normative Dialogues Between International And National Courts

2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa
Keyword(s):  
Human Rights ◽  
The Other ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Courts ◽  
European Court ◽  
Differences Of Opinion ◽  
Rights Discourse ◽  
Different Characteristics ◽  
Human Rights Discourse

This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.

scholarly journals Interim measures as human rights protection instruments: to the problem statement

2021 ◽  
pp. 539-544
Author(s):  
Siuzanna Mnatsakanian
Keyword(s):  
Human Rights ◽  
National Level ◽  
Human Rights Violations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Core Issue ◽  
Great Practice ◽  
Interim Measures ◽  
Human Rights Violation

Conceptual approaches to defining the nature and the scope of interim measures implementation as an instrument of human rights protection at international and national level are analyzed. The widespread use of interim measures as international standard of urgent respond to alleged violations of human rights has not led to the implementation of the legal institute concerned at the national level. Accordingly, this analysis aimed at defining the grounds of interim measures as human rights protection instrument application to be used by the state as an immediate response to human rights violations and possible violations. European Court of Human Rights has a great practice of interim measures granting. Interim measures are granted by the Court only in clearly defined conditions, namely where there is a risk that serious violations of the Convention might occur. A high proportion of requests for interim measures are inappropriate and are therefore refused. Besides, interim measures are applied upon request of the applicant claiming about alleged violations of his or her human rights. At the national level interim measures should/may be granted upon request of the applicant or by the duty-bearer’s initiative to prevent possible human rights violations. The grounds of interim measures granting should also be defined – the best international practice should be used taking into account the Ukrainian context. Another core issue analyzed is defining duty-bearers – subjects enforced to grant interim to prevent abuse in the sphere concerned. It is obvious that court shall be the only authority to resolve the substantive case of alleged human rights violation. However, public and local authorities shall be enabled to grant interim measures to prevent the possible violations. With this, the scope and the sphere of its application at the national level shall be broader in comparison with the case law of the European Court of Human Rights.

scholarly journals Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional Court

2017 ◽  
Vol 9 (1) ◽  
pp. 34-67
Author(s):  
Antonia Baraggia ◽  
Maria Elena Gennusa
Keyword(s):  
Human Rights ◽  
In Vitro Fertilization ◽  
Constitutional Court ◽  
Vitro Fertilization ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Protection Systems ◽  
Shed Light

Abstract International and constitutional law, originally distinct realms with limited areas of intersection, are getting closer and closer, particularly in the European landscape within the human rights protection field, where these mere contacts between the two systems have become intersections and overlaps. The present article will try to shed light on the still unsolved and problematic issues to which overlapping human rights protection systems give rise, by focusing on an analysis of the heterologous in vitro fertilization case, where both the Strasbourg Court and the Italian Constitutional Court delivered relevant judgments on very similar matters (ECtHR’s S.H. Judgment; Judgment No. 162/2014 from the Italian CC). Such analysis revealed useful in highlighting connections and disconnections between the different levels of protection of rights, and led us to argue that the development of a multilevel protection of rights is also, at least partially, a tale of Courts, each competing to have the last word on human rights adjudication.

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