scholarly journals The Role of Human Rights in Copyright Enforcement Online: Elaborating a Legal Framework for Website Blocking

2016 ◽  
Author(s):  
Christophe Geiger ◽  
Elena Izyumenko
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Copyright Enforcement

scholarly journals Does education plays a role in meeting the human rights needs of Indian women with mental illness?

2015 ◽  
Vol 6 (03) ◽  
pp. 369-376 ◽  
Author(s):  
Vijayalakshmi Poreddi ◽  
R Ramachandra ◽  
Suresh Bada Math
Keyword(s):  
Mental Illness ◽  
Human Rights ◽  
Care Center ◽  
Tertiary Care ◽  
Legal Framework ◽  
Community Members ◽  
Indian Women ◽  
Face To Face ◽  
Emotional Dimension

ABSTRACT Background: Globally women are one of the vulnerable populations and women without education and with mental illness are doubly disadvantaged. Aim: To find out the role of education in meeting the human rights needs of women with mental illness at family and community levels. Materials and Methods: A descriptive design was carried out among randomly selected recovered women (N = 100) with mental illness at a tertiary care center. Data was collected through face-to-face interview using a structured questionnaire. Results: Our findings revealed that human rights needs in physical needs dimension, i.e. access to safe drinking water (χ2 = 7.447, P < 0.059) and serving in the same utensils (χ2 = 10.866, P < 0.012), were rated higher in women with illiteracy. The human rights needs in emotional dimension, i.e. afraid of family members (χ2 = 13.266, P < 0.004), not involved in making decisions regarding family matters (χ2 = 21.133, P < 0.00) and called with filthy nicknames (χ2 = 8.334, P < 0.040), were rated higher in literate women. The human rights needs in religious needs dimension, i.e. allowed to go to temple, church, mosque etc. (χ2 = 9.459, P < 0.024), were not satisfied by the illiterate women. Similarly, literate women felt that they were discriminated by community members due to their illness (χ2 = 9.823, P < 0.044). Conclusion: The findings of the present study suggested that women without education were more deprived of human rights needs than literate women. Thus, there is an urgent need to improve literacy of women and to strengthen the legal framework to protect the rights of the women with mental illness.

The European ombudsman as a body for the protection of the rights of individuals and legal entities in the European Union

2021 ◽  
pp. 55-61
Author(s):  
Ivanna Maryniv ◽  
Andriy Kotenko
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
Legal Framework ◽  
Annual Reports ◽  
Main Body ◽  
The European Union ◽  
Association Agreement ◽  
The Eu

Formulation of the problem. Today, the EU faces new challenges due to the globalization policy pursued by most EU member states, migration and the global pandemic - COVID-19. In the new conditions, the protection of human rights acquires a fundamentally new meaning. Therefore, the question of the role of the EU Ombudsman in the process of protection of individual rights and control over the activities of bodies is very relevant. By choosing the path of European integration and committing itself under the Association Agreement to adapt a number of areas in line with the acquis communautaire, Ukraine should also focus on the experience of the European Ombudsman. Since taking office as the Ukrainian Parliamentary Commissioner for Human Rights in 1998, it will not be an exaggeration to state that there are a number of problems in overseeing the proper activities of the authorities in respecting human and civil rights and freedoms. That is why, given the shortcomings and the chosen vector of development, the experience of the European Ombudsman is of great importance for Ukraine in order to improve the activities of the Ukrainian Parliament’s Commissioner for Human Rights. Target of research is to examine the role of the EU Ombudsman in the process of investigating good governance in the EU institutional mechanism. Article’s main body. The article is devoted to the study of the legal status of the European Ombudsman as a body that must investigate improper bodies of the activities of institutions, agencies to ensure the restoration of violated rights guaranteed by the Charter of Fundamental Rights of the European Union. The analysis of the practice of the European Ombudsman in the official annual reports, as well as the development strategy is carried out. With the help of EU legislation research and conducting of the legal analysis of the Ombudsman’s annual reports, strategic development documents and enquiries, opened by the Ombudsman in the last decade, the complexity of the European ombudsman’s contribution to the implementation of the sustainable development principle within EU’s supranational legal framework. Conclusions. After analyzing the development of Ombudsman’s legal status and the results of his enquiries, conducted in the last decade, a conclusion has been made, that the European ombudsman considerably influences all the institutional system of the EU. His initiatives have far-reaching consequences which might have caused their effect on the whole legal framework of the EU, in case if the European ombudsman had been given some more legal powers. Though, having only recommendation mechanisms in possession, this body influences the governing system of the EU largely, causing positive changes, meeting the leading principles of the functioning of the EU.

scholarly journals Democratic Discourse in the Digital Public Sphere: Re-imagining Copyright Enforcement on Online Social Media Platforms

2021 ◽  
pp. 41-46
Author(s):  
Sunimal Mendis
Keyword(s):  
Service Providers ◽  
Legal Framework ◽  
Planning Theory ◽  
Content Sharing ◽  
Online Social Media ◽  
The Social ◽  
Social Media Platforms ◽  
Democratic Discourse ◽  
Copyright Enforcement

AbstractWithin the current European Union (EU) online copyright enforcement regime—of which Article 17 of the Copyright in the Digital Single Market Directive [2019] constitutes the seminal legal provision—the role of online content-sharing service providers (OCSSPs) is limited to ensuring that copyright owners obtain fair remuneration for content shared over their platforms (role of “content distributors”) and preventing unauthorized uses of copyright-protected content (“Internet police”). Neither role allows for a recognition of OCSSPs’ role as facilitators of democratic discourse and the duty incumbent on them to ensure that users’ freedom to engage in democratic discourse are preserved. This chapter proposes a re-imagining of the EU legal framework on online copyright enforcement—using the social planning theory of copyright law as a normative framework—to increase its fitness for preserving and promoting copyright law’s democracy-enhancing function.

scholarly journals National Mechanisms for Ensuring Social Rights

2017 ◽  
Vol 20 (3) ◽  
pp. 95-107
Author(s):  
Shahriyar Aliyev
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Justice System ◽  
Legal Framework ◽  
Social Rights ◽  
Constitutional Protection ◽  
Judicial Protection ◽  
Theoretical Considerations ◽  
Primary Form

The paper highlighted the role of national mechanisms for the protection of social rights. For this purpose its judicial and administrative remedies have been analyzed. The significance of the constitutional protection of the justice system, her legislative experience in the field of social security, legal and regulatory framework, features, procedural and substantive issues considered on the basis of scientific and theoretical considerations. Along with this, the paper considers a system of judicial protection of social rights, it’s civil, administrative and judicial properties, and shows the primary form of protection issues. Through administrative remedies and the Institute of Human Rights Commissioner (Ombudsman), the paper examined the current legal framework for the protection of social rights, and analyzed their activity in this field. As a result, the author has put forward a number of recomendations.

Socioeconomic Health Inequalities in Europe

2020 ◽  
Author(s):  
Brigit Toebes
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Health Inequalities ◽  
Health Inequities ◽  
The United States ◽  
Legal Framework ◽  
Human Rights Law ◽  
Human Rights Standards ◽  
Socioeconomic Health Inequalities

This chapter discusses the role of law and human rights in socioeconomic health inequalities in Europe. Given that socioeconomic health inequalities are largely unnecessary and avoidable, it is widely claimed that they lead to health inequities (i.e., avoidable inequalities in health). Addressing health inequities is considered to be an ‘ethical imperative’ and a ‘matter of social justice’. Human rights standards provide a moral and legal framework for assessing matters of social justice, including socioeconomic health inequalities. This chapter analyses how the main European organizations (EU and Council of Europe) address health inequalities. Specific attention is paid to the role of human rights law as a tool that may give support and priority to improving health and reducing inequities. By way of explaining how social determinants are addressed at the domestic level, the chapter discusses (the approaches to) socioeconomic health inequalities in the United Kingdom and the Netherlands. The chapter establishes that while not as dramatic as in the United States, socioeconomic health inequalities are a reality in Europe, and that inequalities have widened both between and within European countries. It concludes that reducing health inequalities should be a key priority in European and domestic health policy, and that human rights law plays an important role in informing what needs to be done.

scholarly journals CONDITIONS FOR EFFECTIVE INTERVENTION OF OMBUDSMEN IN ANTI-DISCRIMINATION COURT PROCEEDINGS

STED JOURNAL ◽  
2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Predrag Raosavljević
Keyword(s):  
Human Rights ◽  
State Institution ◽  
Legal Framework ◽  
Human Rights Protection ◽  
Federal States ◽  
Rights Protection ◽  
Legal Traditions ◽  
Court Proceedings ◽  
Court Intervention

It is beyond any doubt that victims of human rights violations are rarely in position to initiate court proceedings fighting systematic discrimination themselves, which makes the role of human rights institutions indispensable. This specific mandate gives rise to numerous questions, such as: to what extent state institution takes the role of the legal representative, what capacities should it possess, on what basis it selects the cases meriting court intervention, is court intervention equally suitable in all areas of human rights protection and which analyzed model from Europe or wider has proved to be the most effective? Article offers analysis of court interventions in federal states with complex government structure and multiple institutions mandated with human rights protection, be it Ombudsmen Institution or Equality Body, court interventions in states with single human rights institution, comparative practice present in various European states, as well as interventions of human rights bodies before European tribunals. Author outlines the legal framework, human resources, and administrative structure that need to be provided, so that court interventions would have the desired effect and generate positive changes. In this process, it is of paramount importance to respect existing legal traditions and intrinsic practices, which proved their practical applicability over time, while any attempt to use legal transplants, with a goal of hastily unification of national legal orders and imposing transnational jurisdiction, can only produce confusion and countereffects.

scholarly journals The Legal Framework on Human Trafficking in the UAE

2021 ◽  
Vol 4 (4) ◽  
pp. 419-436
Author(s):  
Aref Abdullah Mohmmed Alwadeai
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Analytical Approach ◽  
Legal Framework ◽  
Penal Code ◽  
Human Rights Violations ◽  
Human Beings ◽  
Trafficking In Human Beings

Trafficking in human beings is not accepted by the International Entities as a whole; because of the human rights violations that it entails and the woes that result from these acts. This research aims to identify the legal framework for crimes of trafficking in human beings in the UAE, and what made these legislations are distinquieshed in the CGC related to their phases of developments, by answering two main questions, firstly: What is the crime of human trafficking and its pillars? Secondly: what is the role of the UAE legislator in combating human trafficking crimes? The research followed the descriptive analytical approach. Finally: at the end of this research, number of results are reached related to the development of the UAE law as a special law for crimes of human trafficking as a complementary law to the Federal Penal Code. There are matters and procedures the UAE law must do it, for example, the need to criminalize the act of incitement to commit crimes of human trafficking in all its forms, by any means and whatever the legal or factual effect of this incitement.

scholarly journals A General Legislative Analysis of "Torture" as a Human Rights Violation in Zimbabwe

2017 ◽  
Vol 20 ◽  
pp. 1
Author(s):  
Howard Chitimira
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Law Enforcement Agencies ◽  
Human Rights Abuses ◽  
Convention Against Torture ◽  
Protection Of Human Rights ◽  
Legal Position ◽  
Legal Frameworks ◽  
Human Rights Violation

violations have been reported in Zimbabwe from the late 1970s to date. Notably, these torture-related human rights violations were problematic during the liberation war era in Zimbabwe. Regrettably, such violations are allegedly still prevalent, especially prior to and/or during general political elections in Zimbabwe. Accordingly, this article investigates torture as a human rights violation in Zimbabwe, inter alia by focusing on the role of selected law enforcement agencies in the protection of human rights in Zimbabwe. The article also discusses the legal position on torture and the perpetration of torture against ordinary people prior to as well as after independence in Zimbabwe. This is done to investigate the adequacy of the legal framework in Zimbabwe with regard to the combatting of torture. In relation to this, selected regional and international legal frameworks against torture are briefly discussed in order to determine possible measures that could be utilised in Zimbabwe. The authors submit that although the Constitution of Zimbabwe Amendment (No 20) Act, 2013 (Zimbabwe Constitution, 2013) prohibits torture, more may still need to be done to enhance the combatting of torture in Zimbabwe. For instance, apart from the prohibition contained in the Zimbabwe Constitution, 2013, there is no legislation that expressly outlaws torture in Zimbabwe. Moreover, Zimbabwe has not ratified the United Nations (UN) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 (UN Convention against Torture) to date. Lastly, concluding remarks and possible recommendations that could be employed to discourage torture-related human rights abuses in Zimbabwe are provided

scholarly journals Assessing Maritime Security and Human Rights: The Role of the EU and its Member States in the Protection of Human Rights in the Maritime Domain

2020 ◽  
Vol 35 (2) ◽  
pp. 325-347
Author(s):  
Sofia Galani
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Maritime Security ◽  
Responsibility To Protect ◽  
The European Union ◽  
Human Rights Law ◽  
Member States ◽  
Protection Of Human Rights ◽  
The Eu

Abstract Over the years, the European Union (EU) and its Member States have taken significant steps to enhance maritime security. However, these initiatives are mostly focused on the safety of ships and the protection of the marine environment rather than the protection of human rights at sea. Without belittling the importance of these initiatives, this article argues that it is time the protection of human rights at sea was also incorporated in the efforts to enhance maritime security. This argument is supported by the analysis of the legal framework which shows that the EU and its Member States as flag, coastal or port States have assumed responsibility to protect human rights at sea under the law of the sea, human rights law and EU law.

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