scholarly journals Conflict of Interests of the Council of Europe, EU and Russia in the Sphere of Protection of Human Rights and Promotion of Democracy

2016 ◽  
pp. 71-86
Author(s):  
M V Danilina
Keyword(s):  
Human Rights ◽  
Soft Power ◽  
Council Of Europe ◽  
Open Method ◽  
Open Method Of Coordination ◽  
Protection Of Human Rights ◽  
The Russian Federation ◽  
Democracy Building ◽  
The Eu

The article considers the interaction of the Council of Europe, EU and Russia in the sphere of the protection of human rights and the promotion of democracy. The author uses an institutional method, soft power method and the open method of coordination (OMC). Based on research in the framework of the institutional approach the author found a direct competition between the EU and the Council of Europe, taking place in the areas of human rights and democracy building. In the author's view, the use of soft power and the spread of Russian values with respect to human rights and democracy in Europe could be a solution of the problem. In order to solve the global challenges in Europe, the Council of Europe, EU and the Russian Federation can use the open method of coordination, if not in the short term, then in the long term.

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.

The Protection of Cultural Rights in Europe: None of the EU's Business?

2003 ◽  
Vol 10 (2) ◽  
pp. 117-147 ◽  
Author(s):  
Yvonne Donders
Keyword(s):  
Human Rights ◽  
Cultural Identity ◽  
Cultural Diversity ◽  
Fundamental Rights ◽  
Immigrant Communities ◽  
The European Union ◽  
Council Of Europe ◽  
Cultural Rights ◽  
Protection Of Human Rights ◽  
The Eu

Over the last decade, cultural diversity and the promotion and protection of cultural human rights have become important issues in the European context. States are trying to protect their national cultural identity within the European integration process, while at the same time several communities within States, such as minorities, indigenous peoples and immigrant communities, demand the promotion and protection of their cultural identity. The Council of Europe has established a human rights mechanism including the protection of cultural rights and rights of minorities. Within the European Union, the promotion and protection of human rights has slowly become a part of the internal policies, the latest step being the proclamation of the Charter on Fundamental Rights. However, the promotion of cultural diversity and of cultural rights or rights of minorities hardly play a role in this respect. Bearing in mind the possible inter-State implications that these issues may have, Member States should co-operate more closely and develop policies at the EU level in relation to the promotion and protection of cultural diversity.

TO THE QUESTION OF RESPONSIBILITY FOR TORTURE IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 10 (2) ◽  
pp. 103-106
Author(s):  
ASTEMIR ZHURTOV ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Large Scale ◽  
Human Life ◽  
International Standards ◽  
World Community ◽  
The World ◽  
Long Time ◽  
Protection Of Human Rights ◽  
The Russian Federation

Cruel and inhumane acts that harm human life and health, as well as humiliate the dignity, are prohibited in most countries of the world, and Russia is no exception in this issue. The article presents an analysis of the institution of responsibility for torture in the Russian Federation. The author comes to the conclusion that the current criminal law of Russia superficially and fragmentally regulates liability for torture, in connection with which the author formulated the proposals to define such act as an independent crime. In the frame of modern globalization, the world community pays special attention to the protection of human rights, in connection with which large-scale international standards have been created a long time ago. The Universal Declaration of Human Rights and other international acts enshrine prohibitions of cruel and inhumane acts that harm human life and health, as well as degrade the dignity.Considering the historical experience of the past, these standards focus on the prohibition of any kind of torture, regardless of the purpose of their implementation.

An International Relations Perspective on the Reform Needs of the Human Rights Council

2021 ◽  
Vol 62 (1) ◽  
pp. 43-80
Author(s):  
Wolfgang S. Heinz
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Structure And Dynamics ◽  
Human Rights Council ◽  
Local Actors ◽  
Protection Of Human Rights ◽  
The Subject

Abstract: This article approaches the matter of institutional reform of the United Nations Human Rights Council from an international relations perspective. A well-known tension exists between State representatives acting for their governments in international organisations, but whose decisions are presented as UN policies. The latter should be guided primarily by the UN Charter and public international law. However, in reality, different worldviews and foreign policy considerations play a more significant role. In a comprehensive stock-take, the article looks at four major dimensions of the Council, starting with structure and dynamics and major trends, followed by its country and thematic activities, and the role of key actors. Council reform proposals from both States and civil society are explored. Whilst the intergovernmental body remains the most important authority responsible for the protection of human rights in the international sphere, it has also been the subject of considerable criticism. Although it has made considerable progress towards enlarging its coverage and taking on more challenging human rights crises, among some of its major weaknesses are the election of human rights-unfriendly countries into its ranks, the failure to apply stronger sanctions on large, politically influential countries in the South and North, and lack of influence on human rights crises and chronic human rights problems in certain countries. Whilst various reform proposals have emerged from States and NGOs, other more far reaching propositions are under sometimes difficult negotiations. In the mid- to long-term, the UN human rights machinery can only have a stronger and more lasting impact if support from national/local actors and coalitions in politics and society can be strengthened.

scholarly journals The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence in the Polish Social Safeguard System

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Magdalena Tabernacka
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
Council Of Europe ◽  
Protective Function ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Heated Debate ◽  
Protection Of Human Rights ◽  
The Common

The ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence in Poland was preceded by a heated debate. From the very beginning it was be object of political battles between the conservative and liberal circles. Culturally and socially conditioned position of women has influenced its operation and the scope of its implementation. The Convention is a universally binding tool which guarantees the protection of human rights in events of violence against the woman and children. The case of this Convention in Poland proofs the existence of a universal European understanding of human rights protection standards. The Convention thus has a protective function not only for individuals but also, in a broader context, for the common European cultural identity.

scholarly journals The state liability for damages caused by its judicial authorities

2003 ◽  
Vol 75 (9-10) ◽  
pp. 409-422
Author(s):  
Nikola Mihailović
Keyword(s):  
Human Rights ◽  
The State ◽  
Point Of View ◽  
Council Of Europe ◽  
Member States ◽  
Legal Provisions ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
State Liability ◽  
Domestic Law

A breach of any right or freedom under the Convention for the Protection of Human Rights and Fundamental Freedoms, leads to but is not limited to liability of the State for damages. That liability is much stricter than the State liability for damage provided according to the domestic law provisions currently in force. The current provisions on State liability for the work of its judiciary do not include the damage caused by improper interpretation and application of the relevant legal provisions. In contrast, the liability of the Council of Europe Member States for the damage caused by their judicial and other authorities, through the breach of the human rights and fundamental freedoms guaranteed by the Convention includes their liability for improper interpretation and application of the relevant provisions of the Convention. That liability is so strict that it in fact comes equal to no-fault liability, from the point of view of its legal consequences. This is so, although it is regulated only as a presumed liability for which there are no grounds of limitation. As a result, two systems of liability for damage caused by judicial authorities will exist in our State Union and in its member states, after the ratification of the aforementioned Convention: liability pursuant to the domestic legal provisions and liability pursuant to the Convention. For that reason, a reform of the provisions on liability is necessary, which will lead to tightening of liability for damage caused by judiciary pursuant to the domestic rules. How to achieve this is a separate issue, which will not be discussed on this occasion.

European Norms on the Protection of Human Rights: On the Development of Russian Human Rights Legislation

2004 ◽  
Vol 29 (3) ◽  
pp. 365-405 ◽  
Author(s):  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Armed Forces ◽  
European Convention ◽  
Protection Of Human Rights ◽  
The Russian Federation ◽  
European Standards ◽  
Principles And Standards ◽  
Judicial Protection ◽  
Special Circumstances

AbstractThis article examines the problems concerning the observance by the Russian Federation of European conventions, in particular the European Convention on Human Rights and the European Convention for the Prevention of Torture. In recent years, there has been a signifi cant breakthrough in the development of Russian legislation in light of human rights' principles and standards laid down by the Council of Europe. At the same time, the implementation of European standards in the law enforcement area has been carried out at a distinctly slow pace, particularly in relation to the criminal–executive system (where the first tentative steps towards the reform of penitentiary institutions have only been recently taken), the rights of migrants and refugees, the protection of the rights of armed forces personnel, and human rights in Chechnya. This article analyses the problems involved in the legal and judicial protection of human rights in Russia as well as issues concerning the restriction of citizens' rights in special circumstances (such as war or a state of emergency) and the protection of social rights. Lastly, the creation of a unifi ed legal space for human rights in the Russian Federation will also be discussed.

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