scholarly journals Interpretation of some criminal law aspects of the right to respect for private life

2021 ◽  
Vol 1 (15) ◽  
pp. 111-125
Author(s):  
Yuriivna Timofeyeva
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Freedom Of Expression ◽  
Environmental Safety ◽  
Criminal Code ◽  
The State ◽  
Private Life ◽  
The Right To Privacy ◽  
The Individual ◽  
The Right

The article considers some issues of interpretation of the right to privacy in the practice of the ECtHR and its impact on the criminal law of Ukraine. Numerous violations of the articles of the Convention require systematic response of the state and appropriate changes in both legislation and changes in law enforcement practices. The violations relate in particular to problems of interpretation of the provisions of the Convention. Provisions of Art. 8 of the Convention are related to other provisions of the Convention and the development of the case law of the European Court of Human Rights on certain issues. It is noted that the Convention is dynamic, it changes under the influence of society, its provisions change in the process of development and acquire new meanings. In particular, the ECtHR recognizes a violation of Art. 8 (right to respect for private life) in those contexts in which he has not previously recognized. In particular, interpretation of Art. 8 of the Convention in the context of the right to environmental safety in case significant harm to the persons health (cases Dubetska and others v. Ukraine, Grymkivska v. Ukraine), the right to beg in the context of the right to freedom of expression (Lakatush v. Switzerland). It is established that the development of these provisions requires analysis and consideration in the development of a new Criminal Code. At the same time, care must be taken to maintain a balance between freedoms and human rights and the security of society and the state. It is important that the rights enshrined in the Convention remain fundamental and do not go beyond the interests and needs of the individual. In addition, it is also necessary to take into account the national characteristics of the state.

The state of democracy and human rights in the Arab ummah (nation)1

2016 ◽  
Vol 9 (4) ◽  
pp. 523-535
Author(s):  
Isma’il al-Shatti
Keyword(s):  
Human Rights ◽  
The State ◽  
Private Life ◽  
Political Work ◽  
The Press ◽  
The Individual ◽  
The Right ◽  
Political Economic ◽  
The Arab Spring ◽  
Pro Forma

Arab constitutions, for the most part, specify and guarantee human rights in their wordings. However, the reality of the individual in the Arab nation reveals something quite different from that which is written in the constitutions. The state is charged with providing citizens with sufficient opportunities by granting them the right to participate in political, economic, social and cultural life in addition to rendering the private life and private affairs of individuals inviolable. Arab regimes' commitment to democracy is tenuous and in the main, these regimes preserve reference to democracy in their constitutions simply as a means for improving the image of the regime and as a pro-forma attempt at applying a modus operandi of a modern state. Despite the fact that laws are promulgated to regulate political work, the press and media, and the institutions of civil society, they are deprived of their function and impact through superficial or highly restricted legislation. For more than five decades, academic researches and writings on the obstacles to transitioning to democracy have increased and multiplied; and various ideas and opinions on the subject have been advanced. This article attempts an explanation of the phenomenon of Arab authoritarianism which fostered the crisis of the ‘Arab Spring’ and explores the reasons for the failure of democracy in the region.

scholarly journals Circumstances Excluding Criminality of an Act in the Light of the General Theory of Law

Lex Russica ◽  
2020 ◽  
pp. 62-70
Author(s):  
A. V. Savinskiy
Keyword(s):  
General Theory ◽  
Criminal Law ◽  
Legal Theory ◽  
Criminal Code ◽  
The State ◽  
Theory And Practice ◽  
Actual Problem ◽  
Theory Of Law ◽  
The Individual ◽  
The Right

The paper is devoted to an actual problem of the legal theory and practice, namely: the institution of circumstances excluding criminal nature (criminality) of an act (Chapter 8 of the Russian Criminal Code). As a manifestation of criminal and legal compromise steadily strengthening its position in domestic criminal legislation, this legal phenomenon is intended to encourage citizens to commit actions that contribute to localization or minimization of threats to the interests of the individual, society and the state protected by the law. At the same time, despite seemingly clear legislative enactment, the institution of circumstances precluding the criminal nature of an act evokes hot scientific debates. Among forensic scientists there is no uniform opinion concerning the legal nature of the criminal law institution as a whole and some of the individual types of circumstances constituting the institution under consideration, in particular. The legal literature substantiates the idea of the need to expand the legislative list of such circumstances. Investigators and judges often face difficulties in practical application of the rules enshrined in articles of Chapter 8 of the Criminal Code (especially provisions concerning necessary defense, extreme necessity, reasonable risk). The reasons for theoretical and practical problems related to the circumstances excluding the criminal nature of the act are largely preconditioned by the insufficient research of the institution under consideration in the general theory of law. This fundamental theoretical legal science lacks general legal equivalents of the criminal law concepts “criminality of the act”, “circumstances excluding criminality of the act.” It is proposed to introduce into scientific circulation the general legal equivalent of the concept “criminality of the act” — “delinquency of the act”, representing the set of such features of the offense as public harm, wrongfulness, culpability and punishability. This new legal design will allow us to investigate the phenomenon of circumstances excluding criminality of the act in the light of a general theory of law, to determine the possibility and limits of their subsidiary application in various branches of law. Thus, categories of circumstances excluding criminal, administrative, civil. disciplinary delinquency of acts will acquire the right to exist in differnt legal sciences and relevant branches of law. This, in turn, will contribute to improving the effectiveness of protection of rights, freedoms and legitimate interests of the individual, ensuring the interests of the society and the state.

Human Rights as Everyone’s Business

2019 ◽  
pp. 167-194
Author(s):  
Rowan Cruft
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
The State ◽  
Human Rights Violations ◽  
Human Rights Law ◽  
Collective Goods ◽  
The Individual ◽  
The Right

The first half of Chapter 10 addresses criticisms of the conception of human rights developed in Chapter 9: that it overlooks how human rights law protects collective goods rather than the individual, and that it overlooks the centrality of the state as duty-bearer in human rights law. The author’s response includes noting that state-focused human rights law is only one way in which ‘natural’ human rights are institutionalized: criminal law and non-law policy also play human rights roles. The chapter’s second half argues that human rights not only exist ‘for the right-holder’s sake’ (as in Chapters 7–9) but are also rights whose protection is distinctively ‘everyone’s business’: rights with which any human anywhere can show solidarity by demanding their fulfilment. This does not imply that human rights violations in one state are equally every state’s business. The chapter ends by summarizing Part II (Chapters 7–10) as vindicating the idea of human rights.

scholarly journals FREEDOM OF EXPRESSION AND THE RIGHT TO RESPECT FOR PRIVATE LIFE

2021 ◽  
Vol 70 (4/2020) ◽  
pp. 249-265
Author(s):  
Goran Ilic
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
European Court ◽  
The Right ◽  
The Relationship

The paper analyzes the relationship between freedom of expression and the right to respect for honour and reputation. It was pointed out the importance that is given to freedom of expression nowadays, and it was especially considered the practice of the European Court of Human Rights. On that occasion, the difference that exists between public and private personalities was pointed out, as well as the doubts that may arise from the distinction between factual statements and value judgments. When it comes to the right to privacy, the author referred to the importance of honour and reputation, and on that occasion reminded of the “double” presence of these values. In one case it is Art. 10 of the European Convention on Human Rights, and in another the case law of the European Court of Human Rights regarding the meaning of the term of the right to privacy from Art. 8 of the European Convention on Human Rights. Solutions in domestic law and case law are analyzed, and special attention is paid to one case in which the relationship between freedom of expression and violation of honor and reputation was discussed. The specificity of this situation is reflected, inter alia, in the fact that we are talking about university professors. The author used the normative, comparative and historical method when writing the paper.

scholarly journals Digital Profile: Main Risks for Constitutional Human Rights in the face of Legal Uncertainty

Lex Russica ◽  
2021 ◽  
pp. 88-101
Author(s):  
A. N. Mochalov
Keyword(s):  
Human Rights ◽  
Personal Information ◽  
Legal Regulation ◽  
The State ◽  
Private Life ◽  
The Right To Privacy ◽  
Depth Analysis ◽  
The Face ◽  
Monitoring And Forecasting ◽  
The Right

The paper considers the main threats to human rights in connection with the introduction of digital profiles in the Russian Federation. Rights such as the right to privacy and the right to dignity are most at risk. In addition, the risk of discrimination increases. Analyzing the current legal regulation of the digital profile, the author concludes that it does not meet the criterion of legal certainty and creates increased risks of intrusion of the state and private structures into the sphere of a person’s private life. Despite the fact that currently digital profiles of citizens are only a set of official information contained in some state information systems and public registers, according to the author, in the future, this infrastructure can be used for profiling people, in-depth analysis, monitoring and forecasting their behavior, as is already done today by some other states and nongovernmental organizations.The legal regulation of the digital profile should be based on special guarantees of human rights in connection with the collection and processing of personal information about citizens available to the state. Among such guarantees, the author includes, in particular, the establishment in the law of a list of information that cannot be part of a digital profile of a citizen or be otherwise related to it, a list of unacceptable purposes for using digital profiles, as well as the establishment of the obligation of operators to inform subjects in an accessible form about the facts and legal consequences of profiling, about the principles and logical schemes underlying profiling.

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.

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

Freedom of Expression and the Right to Privacy and Ethics in Dialectic of Human Rights in This Complex and Turbulent Society

2021 ◽  
Vol 9 (2) ◽  
pp. 1-28
Author(s):  
José Poças Rascão ◽  
Nuno Gonçalo Poças
Keyword(s):  
Social Networks ◽  
Human Rights ◽  
Online Social Networks ◽  
Freedom Of Expression ◽  
Technological Development ◽  
Social Engineering ◽  
Digital Data ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right

The article is about human rights freedom of expression, the right to privacy, and ethics. Technological development (internet and social networks) emphasizes the issue of dialectics and poses many challenges. It makes the theoretical review, the history of human rights through and reference documents, an analysis of the concepts of freedom, privacy, and ethics. The internet and social networks pose many problems: digital data, people's tracks, the surveillance of citizens, the social engineering of power, online social networks, e-commerce, spaces of trust, and conflict.

Reconceptualising Cyber Security

2016 ◽  
Vol 6 (2) ◽  
pp. 32-40 ◽  
Author(s):  
Andrew N. Liaropoulos
Keyword(s):  
Human Rights ◽  
Information Systems ◽  
Cyber Security ◽  
Freedom Of Expression ◽  
Security Dilemma ◽  
Critical Part ◽  
Critical Information ◽  
The Right To Privacy ◽  
Security Discourse ◽  
The Right

The cyber security discourse is dominated by states and corporations that focus on the protection of critical information infrastructure and databases. The priority is the security of information systems and networks, rather than the protection of connected users. The dominance of war metaphors in the cyber security debates has produced a security dilemma, which is not sufficiently addressing the needs of people. This article underlines this shortcoming and views cyber security through a human-centric perspective. Freedom of expression and the right to privacy are under attack in the era of cyber surveillance. From a human-centric perspective such rights should be understood as a critical part of cyber security. Human rights protections need to be effectively addressed in the digital sphere and gain their place in the cyber security agendas.

The right to the truth in international law: fact or fiction?

2006 ◽  
Vol 88 (862) ◽  
pp. 245-273 ◽  
Author(s):  
Yasmin Naqvi
Keyword(s):  
Human Rights ◽  
International Law ◽  
Criminal Law ◽  
The State ◽  
Legal Concept ◽  
The Right ◽  
Practical Implications ◽  
Legal Right

The right to the truth has emerged as a legal concept at the national, regional and international levels, and relates to the obligation of the state to provide information to victims or to their families or even society as a whole about the circumstances surrounding serious violations of human rights. This article unpacks the notion of the right to the truth and tests the normative strength of the concept against the practice of states and international bodies. It also considers some of the practical implications of turning “truth” into a legal right, particularly from the criminal law perspective.

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