scholarly journals Freedom of peaceful assembly and prohibition of discrimination on the basis of sexual orientation

Temida ◽  
2013 ◽  
Vol 16 (2) ◽  
pp. 149-168
Author(s):  
Melanija Jancic
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Constitutional Court ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Main Emphasis ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Domestic Law

In this paper, the author deals with the question of realization of guaranteed freedom of peaceful assembly and the prohibition of discrimination on the basis of sexual orientation. The prohibition of discrimination and freedom of peaceful assembly are prescribed by international documents and domestic law. The main emphasis will be on the prohibition of the Pride Parade that was to be held in Belgrade in October 2011 and on the rights and freedoms of the LGBT population that were consequently violated. However, on 22 December 2011 the Constitutional Court of Serbia upheld a constitutional complaint lodged by the organizers of the Pride Parade in 2009. The Constitutional Court ruled that the competent authorities in Serbia banned the 2009 Pride Parade in violation of the Serbian Constitution. This decision is of great importance for human rights protection in Serbia and the cornerstone judgment regarding the prohibition of discrimination on the basis of sexual orientation and realization and protection of human rights and fundamental freedoms in our country.

Inter-American Commission on Human Rights (IACHR) and Inter-American Court of Human Rights (IACtHR)

2021 ◽  
Keyword(s):  
Human Rights ◽  
Great Majority ◽  
Legal Framework ◽  
Special Importance ◽  
Human Rights Protection ◽  
American System ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
To Receive ◽  
Domestic Law

The Inter-American System for the Protection of Human Rights is a regional mechanism that has had a significant impact on the institutional framework of the State Parties to the Organization of American States (OAS), contributing to the elimination of structural human rights issues in the region. With a population of around 900 million people, the thirty-five States that comprise the OAS have accepted, to different extents, the supervising competence of its main human rights protection bodies: the Inter-American Commission on Human Rights (IACHR) and the Inter-American Court of Human Rights (IACtHR). This research bibliography on the Inter-American System is organized in six sections. The first is a general overview that describes the regional legal framework, the different research approaches that doctrine has developed to study it, and the factual and statistical resources that are of special importance in such research. The second section introduces the regional protection bodies and their interaction within the Inter-American System. The third and fourth sections are dedicated to the particular analysis of each body. It begins with the Inter-American Commission, with a description of its two most relevant foci, namely, its human rights promotion tasks and its competence to receive individual petitions. It then moves to the Inter-American Court of Human Rights and engages with the literature about its contentious jurisdiction—where reparations, supervision of judgments, and compliance to its judgments—along with its advisory and precautionary jurisdiction will be analyzed in greater depth. Finally, the fifth and sixth sections are dedicated to two topics of special analytical relevance and current importance: the dialogue between regional protection systems in the search for answers to common problems and finally the notion of control of conventionality as a particular and groundbreaking legal development of the system and its development within the State’s domestic law. The selected works in this bibliography are mostly available in English and Spanish (judgments of the IACtHR and reports of the Commission may be accessed in both languages) and the great majority of these texts are available without cost, digitally, online and without subscription. This research bibliography, accordingly, aims at avoiding obstacles to open research into this topic from the Global South and other latitudes.

scholarly journals Mainstreaming Human Rights in the Asian Judiciary

2018 ◽  
Vol 4 (1) ◽  
pp. 77
Author(s):  
Desi Hanara
Keyword(s):  
Human Rights ◽  
Constitutional Court ◽  
Legal Research ◽  
Constitutional Courts ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Leading Role ◽  
Protection Of Human Rights ◽  
Enforcement Mechanisms ◽  
The Guardian

Human rights protection in Asia is hindered by the absence of binding human rights instruments and enforcement mechanisms, including the lack of human rights mainstreaming into the works of relevant stakeholders, notably the judiciary. Judiciary plays key roles in the realization and protection of human rights. As the guardian of the Constitution, the Indonesian Constitutional Court (‘the Court’) is mandated to protect the human rights of the citizens. This paper argues that the Court, which previously served as the President of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC), has the potential to play a leading role in mainstreaming human rights in the region. Using normative and comparative legal research methodologies, the paper identified the Court’s mandates on human rights at the national, regional and international levels; assessed the need for human rights mainstreaming in the Asian judiciary; and examined the significant potential of the AACC to house the mainstreaming project. Finally, it proposes several recommendations for the Court’s consideration, namely to encourage judicial independence, recommend human rights incorporation into judicial discussions and decisions, suggest the establishment of a platform to enhance human rights expertise of the judiciary, as well as facilitate a platform for the development of binding human rights instruments and the establishment of an Asian Human Rights Court.

scholarly journals Jurisdiction of the European Court of Human Rights in the Baltic States’ Cases

2019 ◽  
Vol 59 (1) ◽  
pp. 97-109
Author(s):  
Elżbieta Kużelewska
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Baltic States ◽  
Council Of Europe ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Baltic ◽  
Domestic Law

Abstract The Baltic States – Estonia, Lithuania and Latvia – are democratic states of law that respect human rights. As members of the Council of Europe, they implemented into domestic law the Convention on the Protection of Human Rights and Fundamental Freedoms (known as the European Convention on Human Rights) – an international document for the universal protection of human rights adopted by the Council of Europe. The aim of the paper is to analyze whether and to what extent did Estonian, Lithuanian and Latvian citizens file individual complaints to the European Court of Human Rights over the past thirteen years (2006–2018). The paper is to answer the question if the Baltic Sates’ systems of human rights protection are effective. One of the indicators of effectiveness is the number of complaints brought from the Baltic States to the ECtHR in relation to the number of inhabitants and also in comparison with the total number of complaints from the 47 member states of the Council of Europe as whole. The analysis will cover statistics on the number of judgments in Estonian, Lithuanian and Latvian cases before the Court in Strasbourg issued between 2006 and 2018. This will be helpful in determining the degree and the type of violations by the Baltic States of the human rights protected by the European Convention on Human Rights.

scholarly journals Municipal legal problems of realization and protection of human rights depending on belonging to the LGBT community

2018 ◽  
Vol 6 (3) ◽  
pp. 18-24
Author(s):  
O. V. Batanov
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Self Determination ◽  
Effective Mechanism ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Lgbt Community ◽  
International Importance ◽  
Protection Of Human Rights ◽  
Principles Of Justice

The article is devoted to the study of the process of formation and realization of the rights of persons belonging to the LGBT community in the context of local self-government and the functioning of territorial communities. In the article is investigated the concept and nature of identity as self-determination, self-identification as a representative of a particular social group in the context of the human rights for LGBT. It is proved that the identity itself cannot be a basis for discrimination. Attention is drawn to the importance of the immediate implementation of the principle of respect for the identity of the person, combating and prevention of marginalization and demonization of minorities.It is reported that acts on human rights of international importance and legislation of the most countries of the world, including Ukraine, are based on the principles of justice, equality and non-discrimination. The author justifies the position that the lack of effective mechanism of protection of human rights and non-discrimination based on sexual orientation both at national and municipal levels inevitably conflict with the ideas of social legal state and civil society. In this regard, it is concluded that the development of an effective human rights protection municipal mechanism and prohibition of discrimination based on sexual orientation are a significant target to achieve.

scholarly journals The Protection of Human Rights in Transitional Tunisia

2019 ◽  
Vol 16 (1) ◽  
pp. 1-26
Author(s):  
Melek Saral
Keyword(s):  
Human Rights ◽  
Political Parties ◽  
Field Research ◽  
Legal Framework ◽  
Constitutional Court ◽  
Structured Interviews ◽  
Political Actors ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights

Abstract This article looks at the human rights protection in transitional post-uprising Tunisia, from 2011 to 2017, offering insights into the willingness to both protect human rights and build capacity in Tunisia. It focuses on the establishment of an adequate legal framework in Tunisia, with particular attention being paid to the constitution-making process and, on the establishment, the strengthening of certain institutional capacities, such as the constitutional court and the Truth and Dignity Commission. The article first gives a brief historical overview of the human rights situation in Tunisia. This is followed by an analysis of the willingness and capacity to protect human rights in post-uprising transitional Tunisia, in both the 2011–2014 and 2014–2017 periods.This article is based on evidence from a series of semi-structured interviews I conducted with the key political actors from various political parties, and actors from NGOs working on human rights, during field research in Tunisia in October-November 2017, supplemented by secondary literature.

Towards a European criminal jurisprudence? The justification of criminal law by the Strasbourg court

Legal Studies ◽  
1991 ◽  
Vol 11 (3) ◽  
pp. 239-280 ◽  
Author(s):  
Joxerramon Bengoetxea ◽  
Heike Jung
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Judicial Review ◽  
Internal State ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Fundamental Freedoms ◽  
Criminal Jurisprudence ◽  
Protection Of Human Rights

The European Convention for the Protection of Human Rights and Fundamental Freedoms (hereafter the Convention) has been in operation for almost 40 years, the Commission and the court for more than 30 years. In the meantime, recourse to Strasbourg has become a built-in mechanism of judicial review in the Member States. In particular, art 25 of the Convention which entitles individuals to plead a violation of the Convention has turned into a corner-stone of a working system of human rights protection, since the court's first decision in 1960. Even though the court's output cannot compare to internal state jurisdictions, applications to Strasbourg have risen dramatically over the years.

scholarly journals ŽMOGAUS TEISIŲ APSAUGA EUROPOJE IR EUROPOS SĄJUNGOS PRISIJUNGIMAS PRIE ŽMOGAUS TEISIŲ IR PAGRINDINIŲ LAISVIŲ APSAUGOS KONVENCIJOS

Teisė ◽  
2015 ◽  
Vol 92 ◽  
pp. 109-125
Author(s):  
Gintarė Pažereckaitė ◽  
Jevgenija Vienažindytė
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Council Of Europe ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Current State ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

Straipsnyje analizuojama žmogaus teisių apsauga Europoje, garantuojama pagal Europos Sąjungos ir Europos Tarybos (konkrečiai – Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos) teisines sistemas. Nagrinėjama dviejų regioninių teismo institucijų (Europos Žmogaus Teisių Teismo ir Europos Sąjungos Teisingumo Teismo) praktika ir kai kurios žmogaus teisių apsaugos užtikrinimo Europoje problemos. Straipsnyje vertinamas galimas Europos Sąjungos prisijungimo prie Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos poveikis žmogaus teisių apsaugai Europoje. Analizuojamos Prisijungimo sutarties projekte siūlomos procesinės taisyklės ir galimi jų trūkumai. Galiausiai pateikiamos įžvalgos dėl šiuo metu esamo žmogaus teisių apsaugos lygio Europoje pakankamumo, kurios iš dalies galėtų būti pagrindas vertinti Europos Sąjungos prisijungimo prie Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos poreikį. The article analyses human rights protection in Europe guaranteed in the legal systems of the European Union and the Council of Europe (i.e. the Convention for the Protection of Human Rights and Fundamental Freedoms). It examines case law of two regional judicial institutions (European Court of Human Rights and Court of Justice of the European Union) and certain problems of human rights protection in Europe. The article also assesses what impact the European Union accession to the Convention for the Protection of Human Rights and Fundamental Freedoms could have on the human rights protection in Europe; and analyses rules and procedures proposed in the draft Accession agreement, and their possible flaws. Finally, views on the current state of human rights protection in Europe are presented, which in a way gives a basis to question the need for the European Union to accede to the Convention.

Quasi-constitutional court of human rights for Europe? Comments on Geir Ulfstein

2021 ◽  
Vol 10 (1) ◽  
pp. 175-185
Author(s):  
WOJCIECH SADURSKI
Keyword(s):  
Human Rights ◽  
Public Reason ◽  
Constitutional Court ◽  
Legal Systems ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Short Comment

AbstractThis short comment offers two additional arguments, missing from Geir Ulfstein’s account, which may bolster the case for constitutionalisation of the ECtHR. The first is about the ‘pilot judgments’ through which the Court addresses systemic deficits in national legal systems and thus ensures a minimal synchronisation of human rights protection throughout the CoE system. The second manifestation of constitutionalisation of the ECHR system is the increasing role of the ECtHR in the implementation of its own judgments. Ultimately, the legitimacy for the constitutional ambitions of Strasbourg Court should be located primarily in the argumentative resources of the court and in its pursuit of ‘public reason’.

Regional Human Rights

2021 ◽  
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
Protective Mechanisms ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Systems ◽  
Protection Of Human Rights ◽  
International Human ◽  
Local Languages ◽  
Specific Country

Regional human rights mechanism are now in place covering nearly all five continents with the notable exception of Australia. Regional and international human rights protection are not meant to thwart each other. On the contrary, the regional protection of human rights is intended to back up and strengthen the international one by translating human rights into local languages and supporting them with additional protective mechanisms like commissions and courts that enforce regional human rights documents. In this volume, five experts from various continents will introduce regional human rights protection systems in Europe, Africa, Asia, Latin America and Australia providing an overview of the regional protections vis-à-vis the international one and then contextualising it in specific country context.

scholarly journals Politics Of Law Human Rights Protection In Indonesia

2020 ◽  
Vol 2 (4) ◽  
pp. 513
Author(s):  
Pradikta Andi Alvat
Keyword(s):  
Human Rights ◽  
Political Development ◽  
Legal Protection ◽  
Secondary Data ◽  
Three Dimensions ◽  
Reform Era ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Source Data ◽  
Protection Of Human Rights

This study aims to know how political development of legal protection of human rights in Indonesia and political objectives of the legal protection of human rights itself. The research method using normative juridical approach. Specification of the research is descriptive. Provide an overview and critical analysis and conclusions of the research object. Source data using secondary data sources through books and legislation. The data collection method through the study of literature. Analysis of data using qualitative approach. The results showed that the political development of the legal protection of human rights has undergone discourse tight since the formulation of the Constitution and found basic juridical-constitutional is ideal since the reform era with the birth of Chapter XA in the constitution on human rights, born Law of Human Rights, and the formation of the court of HAM. The purpose of a political human rights protection law contains three dimensions, namely the dimensions of philosophical, sociological dimension and juridical dimension.Keywords: Protection Of Human Rights; Political Law; State Law.

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