scholarly journals THE PROTECTION OF HUMAN RIGHTS IN ISLAM: AS DISCOURSED IN THE WORKS OF AL-QARADAWI

2017 ◽  
Vol 14 (2) ◽  
Author(s):  
Ahmad Nabil Amir ◽  
Tasnim Abdul Rahman
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Religious Freedom ◽  
Freedom Of Expression ◽  
Freedom Of Conscience ◽  
Crucial Issue ◽  
Protection Of Human Rights

This paper deals with the issues of human rights as crucially discussed in the works of al-Qaradawi, such as Fatawa al-Mu‘asarah, Fi Fiqh al-Dawlah fi al-Islam, Fiqh al-Jihad, Fiqh al-Awlawiyyat, Fiqh al-Aqalliyyat, Fiqh al-Zakah and other major contributions by him in the field of human rights. It fundamentally discussed the principle of safeguarding human rights relating to religious freedom, freedom of expression, freedom of conscience, rights of minority, gender equality, and other crucial topics substantively discussed by him. The outcome will highlight Qaradawi’s prominence as advocate of human rights and his position in this crucial issue and its contemporary relevance and significance for the ummah.

Introduction

2018 ◽  
Author(s):  
Allan Hepburn
Keyword(s):  
Human Rights ◽  
Church Of England ◽  
Freedom Of Expression ◽  
Roman Catholicism ◽  
Freedom Of Conscience ◽  
Oxford Movement ◽  
The Right To Privacy ◽  
The Right ◽  
Race And Religion ◽  
The Church

In the 1940s and 1950s, Britain was relatively uniform in terms of race and religion. The majority of Britons adhered to the Church of England, although Anglo-Catholic leanings—the last gasp of the Oxford Movement—prompted some people to convert to Roman Catholicism. Although the secularization thesis has had a tenacious grip on twentieth-century literary studies, it does not account for the flare-up of interest in religion in mid-century Britain. The ecumenical movement, which began in the 1930s in Europe, went into suspension during the war, and returned with vigour after 1945, advocated international collaboration among Christian denominations and consequently overlapped with the promotion of human rights, especially the defence of freedom of worship, the right to privacy, freedom of conscience, and freedom of expression.

Battles Over Symbols: The “Religion” of the Minority Versus the “Culture” of the Majority

2013 ◽  
Vol 28 (1) ◽  
pp. 67-104 ◽  
Author(s):  
Lori G. Beaman
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Religious Symbol ◽  
Anti Semitism ◽  
European Tradition ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Grand Chamber ◽  
The Right

Moreover, with the benefit of hindsight, it is easy to identify in the constant central core of Christian faith, despite the inquisition, despite anti-Semitism and despite the crusades, the principles of human dignity, tolerance and freedom, including religious freedom, and therefore, in the last analysis, the foundations of the secular State.A European court should not be called upon to bankrupt centuries of European tradition. No court, certainly not this Court, should rob the Italians of part of their cultural personality.In March, 2011, after five years of working its way through various levels of national and European courts, the Grand Chamber of the European Court of Human Rights decided that a crucifix hanging at the front of a classroom did not violate the right to religious freedom under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Specifically, Ms. Soile Lautsi had complained that the presence of the crucifix violated her and her children's right to religious freedom and that its presence amounted to an enforced religious regime. The Grand Chamber, reversing the lower Chamber's decision, held that while admittedly a religious symbol, the crucifix also represented the cultural heritage of Italians.

Headwind from Europe: The New Position of the German Courts on Personality Rights after the Judgment of the European Court of Human Rights

2010 ◽  
Vol 11 (5) ◽  
pp. 527-537 ◽  
Author(s):  
Corinna Coors
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Federal Court ◽  
Constitutional Court ◽  
Public And Private ◽  
State Laws ◽  
Private Interests ◽  
European Court ◽  
Protection Of Human Rights ◽  
The U.S

In Germany, as in the U.S., the relationship between protection of privacy and freedom of expression has been subject of many decisions. In the U.S. a right of privacy was famously conjured out of common law precedents by Warren and Brandeis. Over the course of a century, it developed into a right of publicity, which gave celebrities the power to prevent the commercial use of their names, endorsements, images, voices, and other attributes of personality by unauthorized third parties. In defining such a right, much attention has been focused on separating what is commercially unacceptable from what is desirable free speech under the First Amendment of the U.S. Constitution. It has also been important to settle the duration of such rights. Publicity rights as a commercial value of a person's identity are therefore well established in the U.S., although state laws vary widely as to the extent of protection. In Germany, due to the constitutional background of the personality right, the balance between public and private interests still operates differently. After the European Court of Human Rights (ECHR) in 2004 convicted the German Federal Republic of violating the Convention for the Protection of Human Rights Fundamental Freedoms, the German Federal Court (Bundesgerichtshof—BGH) took the opportunity to think over its previous position about image rights. Three judgments were examined by the German Constitutional Court (Bundesverfassungsgericht—BVerfG) and one of them was reversed.

scholarly journals Internet and freedom of expression in the case law of the European Court of Human Rights

2020 ◽  
Vol 54 (3) ◽  
pp. 1023-1042
Author(s):  
Ljiljana Mijović
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
The Internet ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
And Control

Internet as a means of communication, whatever the type of information it might be used for, falls within the exercise of the right to freedom of expression, as guaranteed by Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. As established in the European Court's case law, freedom of expression constitutes one of the essentials of a democratic society, therefore limitations on that freedom foreseen in Article 10 § 2 of the Convention are to be interpreted strictly. In order to ensure effective protection of one's freedom of expression on the Internet, States bear a positive obligation to create an appropriate regulatory framework, balancing the right to freedom of expression on one and the limitations prescribed in Article 10 § 2, on the other hand. Special attention in doing so is to be paid to the risk of harm posed by content and communications on the Internet to the exercise and enjoyment of other human rights and freedoms guaranteed by the European Convention, particularly the right to respect for private life. While it is the fact that the electronic network, serving billions of users worldwide, will never be subject to the same regulations and control, because of the national authorities' margin of appreciation, the European Court established commonly applicable general principles regarding the Internet as a media of exercising right to freedom of expression.

scholarly journals Freedom of expression and reputation protection in the European Court of Human Rights practice.

2021 ◽  
Vol 3 (3) ◽  
pp. 39-44
Author(s):  
Andriy Kuchuk
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Private Life ◽  
Clear Understanding ◽  
Human Rights Practice ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right

The article is devoted to the issue of understanding freedom of expression and reputation protection by the European Court of Human Rights. New opportunities to exercise the right to freedom of expression arise and opportunities to implement the right to freedom of expression as well as the possibilities for defamation increase within a democratic and information society. It is emphasized that within a law-based state guarantees provided to the press are of particular importance, as the media should disseminate information and ideas of public interest, and the public has the right to receive such information and ideas. A clear understanding of the content of the right to freedom of expression and the right to reputation protection is the basis for resolving the issue of finding a balance between them, which designates the relevance of the study. The paper elucidates the results of the European Court of Human Rights decisions analysis under Articles 8 and 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the right to privacy and the right to freedom of expression). Emphasis is placed on the various features of these rights and the peculiarities of their implementation in different circumstances. It is pointed out that the domestic judicial system actively uses the European Court of Human Rights practice in resolving cases related to reputation protection. Attention is placed on the fact that freedom of expression does not extend to hate speech. The spread of the right to reputation protection as for defamation of family members and relatives is analyzed. Emphasis is placed on the dynamic approach of the European Court of Human Rights towards the interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms. Even before the beginning of 2000, the European Court of Human Rights noted that the protection of reputation does not fall under the protection of the Convention for the Protection of Human Rights and Fundamental Freedoms. The study describes the genesis of the positions of the European Court of Human Rights on a person’s reputation protection. It is stated that a person’s right to protection of his or her reputation is covered by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms as part of the right to respect for private life (provided that causing considerable damage to reputation if it affects a person’s private life).

2. European Convention on Human Rights

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
European Convention ◽  
Right To Life ◽  
Essential Information ◽  
European Court ◽  
Margin Of Appreciation ◽  
Protection Of Human Rights ◽  
The Individual ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first explains the background and rationale for the formation of the European Convention on Human Rights (ECHR), tracing its roots to the Council of Europe that was formed in 1949 and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) established a year later. It then looks at the different kinds of human rights embedded in the ECHR, including the right to life, right to a fair trial, freedom of expression, right to property, and right to free elections. The chapter also provides an overview of the European Court of Human Rights (ECtHR), along with the major changes made to its complaints system and how it interprets the Convention rights. Finally, it considers the ECtHR’s use of proportionality and margin of appreciation doctrines to find the balance between the rights of the individual and the community when deciding upon qualified rights.

Defamation: Dignity Lost?

1998 ◽  
Vol 16 (3) ◽  
pp. 261-285
Author(s):  
Eleni Micha
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Interesting Case ◽  
The Us ◽  
Us Supreme Court ◽  
Protection Of Human Rights ◽  
The Subject ◽  
Similarities And Differences ◽  
Widespread Interest

Political libel cases always present a widespread interest due to the eventual conflict between freedom of expression and respect of personal reputation. Inasmuch as both principles are equally safeguarded in the area of the protection of human rights, one might ask how to achieve a balance of the different interests. What are the relevant criteria and what is the level of liability required for the award of damages? This article is an effort to review and analyse the solutions provided by the US Supreme Court, the European Commission and Court of Human Rights and Greek jurisprudence, since all three have already established an interesting case-law. The author examines the similarities and differences between the American and the European legal thought and presents her own argumentation on the subject. In addition, it is discussed if and how the Greek law is influenced by the Strasbourg case-law, since the Greek Constitution in itself recognises the supremacy of the ECHR.

Public Morals and the European Convention on Human Rights

2014 ◽  
Vol 47 (3) ◽  
pp. 361-378 ◽  
Author(s):  
Roberto Perrone
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
European Convention ◽  
The Public ◽  
General Clause ◽  
Protection Of Human Rights ◽  
The Right

The protection of ‘morals’ appears frequently as a limitation on the exercise of fundamental rights, both in international covenants and in constitutional charters. The European Convention for the Protection of Human Rights is not an exception, and ‘public morals’ may be called upon to justify the restriction of several important rights granted by the Convention, such as freedom of expression or the right to respect for private and family life. To avoid arbitrary restrictions of these rights it is important to understand the meaning of this general clause. This article aims to suggest a reading of the ‘public morals’ clause that singles out its scope and its boundaries.

scholarly journals Influence of the European Court of Human Rights Practice on the Implementation of the Principle of Gender Equality in Ukraine

2021 ◽  
pp. 17-30
Author(s):  
Yurii Voloshyn ◽  
Nataliia Mushak
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Gender Discrimination ◽  
Equal Rights ◽  
Council Of Europe ◽  
European Court ◽  
Participation Of Women ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
And Gender

The article analyses the modern court decisions of the European Court of Human Rights on the formation and implementation of the principle of gender equality in Ukraine. The research defines that the importance of ensuring equal rights and opportunities for women and men for Ukraine was because Ukraine is a member of all major international and European regional agreements in the field of human rights. The authors state that this is due both to Ukraine's general commitments to promoting respect for human rights and fundamental freedoms and their adherence, as well as the fact that its participation in European integration processes is important for Ukraine. The research stipulates that gender equality provides equal rights for women and men, as well as their same significance, opportunities, responsibilities and participation in all spheres of public and private life. The authors prove that the pioneering work of the Council of Europe in the field of human rights and gender equality contributed to the development of a comprehensive legal framework. Gender equality is one of the organization's priority areas of activity, and the Council of Europe continues to actively address current and emerging challenges and address barriers to achieving real and complete gender equality. The research investigates the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Protocol No12 in terms of prohibition of discrimination and ensuring gender equality. It also determines that the conceptual principles of these documents are the protection of human rights, support for democracy and ensuring the principle of the rule of law. The article states that, in particular, the modern legal instrument in the field of gender equality is the Council of Europe's Gender Equality Strategy 2018–2023. The document provides for the achievement of the main six goals. These include combating gender stereotypes and gender discrimination; preventing and combating violence against women; ensuring equal access of women to justice; ensuring equal participation of women and men in political and public decision-making; implementation of the strategy for achieving gender equality in politics and all activities; protection of the rights of migrants, refugees, women and girls seeking asylum. The authors prove that the establishment of the European value of gender equality should be ensured both in society as a whole and in its various institutions, in particular. This is primarily to prevent gender discrimination, ensure equal participation of women and men in making socially important decisions, ensuring equal opportunities for women and men to combine professional and family responsibilities, prevent gender violence, etc. Keywords: Gender Equality, European Standards, Legal Mechanism, European Court of Human Rights, Discrimination, Equal Rights.

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