scholarly journals Protection against violence and discrimination: The case of Roma victims in member states of the council of Europe

Temida ◽  
2016 ◽  
Vol 19 (1) ◽  
pp. 5-24 ◽  
Author(s):  
Axelle Reiter
Keyword(s):  
Human Rights ◽  
Minority Groups ◽  
National Level ◽  
Council Of Europe ◽  
Protective Measures ◽  
Member States ◽  
Structural Problems ◽  
European Court ◽  
International Monitoring

This article focuses on the key role and contribution of the European Court of Human Rights (ECHR) in protecting the rights of Roma against systemic patterns of violence and discrimination. It investigates the suitability of individual applications in front of international monitoring organs as a litigation strategy to address structural problems emerging at the national level, such as widespread attacks against members of vulnerable minority groups, and puts forward that this strategy has demonstrated to be successful in the case of Roma. The analysis shows that complaints introduced before the ECHR have at the same time helped in providing redress to individual victims, uncovering patterns of systemic abuses, offering solutions to prevent their resurgence, effectively encouraging the adoption of protective measures domestically, and developing the competences of international supervisory mechanisms. As such, it constitutes the most effective avenue so far to right those societal wrongs.

Germany's Dialogue with Strasbourg: Extrapolating theBundesverfassungsgericht'sRelationship with the European Court of Human Rights in the Preventive Detention Decision

2012 ◽  
Vol 13 (6) ◽  
pp. 757-772 ◽  
Author(s):  
Birgit Peters
Keyword(s):  
Human Rights ◽  
National Level ◽  
National Court ◽  
Council Of Europe ◽  
Member States ◽  
Proper Role ◽  
European Court ◽  
New Applications ◽  
The Relationship ◽  
Sheer Number

Within the Council of Europe, the relationship between the ECtHR and the member states is crucial for the survival and effective functioning of the Court. The ECtHR is currently overwhelmed by applications, the bulk of which emanate from a relatively small number of states, notably Russia, Rumania, Turkey, and the Ukraine. The backlog of cases will soon be toppling the vertiginous mark of 160,000, the adjudication of which alone would take the Court more than six years. The sheer number of cases exemplifies the system's urgent need for reform. Lately, discussions have been heavily influenced by considerations of subsidiarity, which the earlier Interlaken Declaration-as well as the recent Brighton Conference-emphasized as the key for the future relationship between the ECtHR and member states. Discussions about the principle's proper role in the relationship between member states and the ECHR, however, are far from over. This is due to questions regarding the principle itself, as well as to the factual realities dominating in the ECtHR-national court relationship. The principle often focuses on a strict separation of competences at two different levels, the national and the international, and many understandings of that principle require that the two levels stand in a more or less hierarchical relationship. This is difficult to assume in the Council of Europe context, where, compared to the EU, neither the doctrine of direct effect nor the principle of primacy in application reigns. Moreover, Strasbourg's emphasis on subsidiarity appears to focus on the responsibility of the member states to remedy human rights violations. In line with that argument, scholars have opined that the ECHR system should focus on an approach in which the ECtHR would be involved only if there are good reasons to depart from interpretation at the national level. Nonetheless, others recently doubted the overall usefulness of such an understanding of subsidiarity, since those member states responsible for the lion's share of new applications to the ECHR often neither possess a functioning judiciary nor functioning judicial or executive institutions, in general.

Cyberlibel Cases before the European Court of Human Rights: Estimating Possible Outcomes

2001 ◽  
Vol 19 (1) ◽  
pp. 5-20
Author(s):  
Dragos Cucereanu
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Council Of Europe ◽  
Member States ◽  
European Court ◽  
The Law ◽  
Defamation Law ◽  
The Way

Internet defamation, or cyberlibel, has become an increasingly widespread and alarming side of online expression. This has lead to controversies concerning the way of responding to this new challenge in defamation law. Such controversies persist, as law makers and courts in the Council of Europe Member States vary in their solutions. The author searches for uniformity in regulating cyberlibel in Europe, by estimating how the European Court of Human Rights could decide such cases, based on analogy with its previous case law, as well as the law and practice of those States that have addressed the issue. It concludes that the Court may take into consideration the specificity of Internet, while mostly in line with its previous case law, by further developing it. The article proposes a list of criteria that might help deciding cyberlibel cases, and analyses specific ways of determining their applicability and effect.

Improving and protecting human rights: A reflection of the quality of education for migrant and marginalized Roma children in Europe

2016 ◽  
Vol 6 (3) ◽  
pp. 52-76
Author(s):  
Silvia-Maria Chireac ◽  
Anna Devis Arbona
Keyword(s):  
Human Rights ◽  
Minority Groups ◽  
Educational Systems ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
Roma Population ◽  
Eu Member States ◽  
European Citizenship ◽  
Current Economic Crisis

[Full article is in English]English: Estimated at 12 million, the Roma population constitutes one of the largest and most disadvantaged ethnic minority groups in Europe and the most socially marginalized and stigmatized group in the European Union (Council of Europe, 2009, 2010). In recent years, following the two waves of EU expansion in 2004 and 2007, the problem of Roma integration into educational systems generated great attention among EU member states. The European Commission’s policy of promoting multilingualism and cultural diversity to foster European citizenship has led to promising results. However, the current economic crisis and lack of effective political integration within EU member states have promoted policies of protectionism. This article provides an analysis of the current situation of Roma children from Eastern Europe, highlighting the opportunities for improving instruction and protecting human rights for this highly vulnerable school-age population. We propose specific measures based on a bilingual and cross-culturally inclusive educational model.Spanish: Estimada en doce millones, la población romaní es uno de los grupos étnicos minoritarios más numeroso, desfavorecido, marginalizado y socialmente estigmatizado de la Unión Europea (Consejo de Europa, 2009, 2010). Después de las dos olas de ampliación de la UE en 2004 y 2007, el problema de la integración de los romaníes en los sistemas de educación generó gran atención entre los estados miembros. La política de la CE para promover el multilingüismo y la diversidad cultural a fin de fortalecer la ciudadanía europea ha llevado a resultados prometedores. Sin embargo, ante la crisis económica actual y la falta de una política efectiva de integración en la UE, predominan políticas de proteccionismo. Este artículo analiza la situación actual de los niños romaní en Europa del Este, subrayando las oportunidades para mejorar la instrucción y protección de los derechos humanos de esta sumamente vulnerable población en edad escolar. Proponemos medidas específi cas basadas en un modelo escolar bilingüe y transculturalmente inclusivo.French Estimée en 12 millions, la population rom constitue un des plus grands groupes ethniques défavorisés minoritaires en Europe et le groupe le plus marginalisé socialement et stigmatisé de l’Union Européenne (Council of Europe, 2009, 2010). Au cours des années récentes, suite à deux vagues d’expansion de l’EU en 2004 et 2007, le problème de l’intégration des Roms dans les systèmes éducatifs a provoqué une att ention soutenue dans les États membres de l’UE. La politique de la Commission Européenne en matière de promotion du multilinguisme et de la diversité culturelle destinée á favoriser la citoyenneté européenne a abouti à des résultats promett eurs. Cependant, la crise économique actuelle et l’absence d’une intégration politique réelle entre les États membres de l’UE ont favorisé des politiques protectionnistes. Cet article présente une analyse de la situation actuelle des enfants roms d’Europe de l’Est et met en lumière les opportunités d’améliorer l’instruction et de protéger les droits humains pour cett e population scolaire très vulnérable. Nous proposons des mesures spécifi ques fondées sur un modèle éducatif bilingue et ouvert à l’interculturel.

scholarly journals The Permissibility of Limiting Rights and Freedoms in the European and National Legal System Due to Health Protection

2020 ◽  
Vol 42 (3) ◽  
pp. 51-89
Author(s):  
Robert Krzysztof Tabaszewski
Keyword(s):  
Public Health ◽  
Human Rights ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
Universal System ◽  
Human Rights Protection ◽  
European Court ◽  
Margin Of Appreciation ◽  
Correct Application

The article concerns the permissibility of limiting human rights and freedoms in European and national systems due to the protection of individual and public health. The author's goal was to analyse the current practice of states in the application of human rights limitation clauses in the European system of human rights protection. This is an important issue because the practice of limitation and margin of appreciation enjoyed by the member states of the Council of Europe is subject to scrutiny by means of complaints addressed to the European Court of Human Rights in Strasbourg, which examines the correct application of individual limitation clauses contained in the 1950 Convention. Human health is one of the main prerequisites for which it is possible to limit other human rights and freedoms. In the context of numerous epidemiological threats and natural disasters of a cross-border nature, assessing rights and freedoms becomes one of the most important issues in the field of public international law, constitutional law and public health law. Against the background of existing solutions in the universal system, the practice of the member states of the European Union and the Council of Europe was examined by comparing it with the views of the doctrine and the results of my research.

scholarly journals Pilot Judgments Delivered by the European Court of Human Rights against Romania

2020 ◽  
Vol 6 (2) ◽  
pp. 38-46
Author(s):  
Crina Mihaela Verga ◽  
◽  
◽  
◽  
◽  
...  
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Council Of Europe ◽  
Member States ◽  
European Court ◽  
The Subject

The article defines first the concept of pilot decision. Then it details the procedure employed in case of systemic or systematic violations of any right provided by the European Convention on Human Rights. Some relevant pilot judgments against certain member states of the Council of Europe are highlighted. Next, two pilot judgments delivered against Romania (Maria Atanasiu and Others v. Romania and Rezmives and Others v. Romania) are thoroughly examined. Finally, some relevant opinions on the subject are expressed. The issue is very topical for the Romanian state and the specialists in the field, precisely because of the consequences determined by the two analyzed pilot judgments.

scholarly journals The International Legal Nature of the Interaction between the Judicial Authorities of the Member States of the Council of Europe and the European Court of Human Rights

2021 ◽  
pp. 155-164
Author(s):  
Anna PRYSIAZHNA
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Council Of Europe ◽  
Judicial Cooperation ◽  
Theoretical Understanding ◽  
Member States ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
Legal Nature

The current stage of development of international relations and international law is characterized by the active growth of interstate cooperation and the emergence of new more integrated forms of such cooperation. A special manifestation of this modern phenomenon is observed in the field of judicial cooperation. Moreover, the emergence in the modern world of international universal and regional courts and the gradual increase in their number, has become one of the prerequisites for a new form of international judicial cooperation — the interaction of national courts with international regional courts. In this regard, the greatest interest for the theoretical analysis of international legal regulation of judicial interaction is the study of the experience of such interaction in the European space, which operates the «oldest» international regional courts — the Court of Justice of the European Union, which was established in 1952 and was called the Court of Justice of t he European Coal and Steel Community and the European Court of Human Rights, established in 1959. The legal nature and forms of interaction of national courts of European states with the named international regional courts are of special interest for scientific analysis, which is explained both by considerable experience of judicial cooperation accumulated by them and novelty of legal forms and mechanisms of cooperation requiring theoretical understanding. Without exaggeration, the reopening of proceedings based on judgments of the European Court of Human Rights is one of the most effective, and often the only, measures to restore violated individual rights and improve the practice of national courts and ensure full and effective enforcement of ECHR judgments. The basis of cooperation between the courts of the member states of the Council of Europe and the ECHR is the provisions of the Convention, which makes the decision of the ECHR binding. The judicial authorities of the member states of the Council of Europe are obliged to apply the convention law of the Council of Europe, as well as the case law of the ECHR, which is the only source of cooperation between the courts of the member states of the Council of Europe and the European Court of Human Rights.

scholarly journals Human Rights and Protection against Eviction in Anti-social Behaviour Cases in the Netherlands and Germany

2015 ◽  
Vol 2 (2) ◽  
pp. 156-181 ◽  
Author(s):  
Michel Vols ◽  
Marvin Kiehl ◽  
Julian Sidoli del Ceno
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
The Netherlands ◽  
Social Behaviour ◽  
Minimum Level ◽  
Council Of Europe ◽  
Member States ◽  
European Court

The European Court of Human Rights requires that any person at the risk of losing their home should be able to have the proportionality of the eviction determined by an independent tribunal in the light of the relevant principles under Article 8 echr. Consequently, member states of the Council of Europe are obliged to implement a minimum level of protection against the loss of the home. This paper analyses how the requirements are implemented in Dutch and German tenancy law with a focus on eviction cases concerning anti-social behaviour. With the help of a comparative analysis several methods of implementing the European requirements are identified. The Netherlands and Germany seem to comply technically with the requirements because of national built-in proportionality checks. However, it is questionable whether the European requirements really improve the position of tenants or whether they should be characterised primarily as a procedural hurdle that courts have to meet.

scholarly journals The concept of ‘internal judicial independence’ in the case law of the European Court of Human Rights

2019 ◽  
Vol 15 (1) ◽  
pp. 104-133 ◽  
Author(s):  
Joost Sillen
Keyword(s):  
Human Rights ◽  
Judicial Independence ◽  
Case Law ◽  
European Convention ◽  
Council Of Europe ◽  
Member States ◽  
European Court ◽  
The Individual ◽  
Communist Countries

Internal judicial independence as a new element of the case law of the Strasbourg Court on Article 6 of the European Convention on Human Rights – The Court has only found violations of internal judicial independence in cases against former communist countries – Relevance of the case law for other member states of the Council of Europe – Internal judicial independence as part of the requirement of an impartial tribunal? – Importance of the independence of the individual judge

scholarly journals On Inter-State Litigation and Armed Conflict Cases in Strasbourg

2021 ◽  
pp. 1-48
Author(s):  
Philip Leach
Keyword(s):  
Human Rights ◽  
Eastern Europe ◽  
Armed Conflict ◽  
Human Rights Violations ◽  
Council Of Europe ◽  
Regular Feature ◽  
Member States ◽  
Related Individual ◽  
European Court ◽  
Inter State

Abstract The reluctance of Council of Europe member states to challenge each other at the bar of Europe, through the litigation of inter-state cases at the European Court, used to be a regular feature of the Strasbourg system. However, conflicts of different kinds in eastern Europe have led to a surge of such cases in recent years, as well as the introduction of thousands of related individual applications. The serious challenges presented, in particular by conflict-related cases, have led some commentators to question whether they can feasibly remain part of the Strasbourg process. For others, the focus should rather be on how such cases can be more effectively processed and assessed. This article emphasises the significance of both inter-state cases in general, and of cases arising from armed conflict (including individual applications): their political and legal importance; their centrality to the European human rights system; and how vital they are for individual victims of human rights violations. It analyses a number of controversial or challenging aspects of the adjudication of these cases, and puts forward some proposals for reform.

scholarly journals Religious Freedom in Flux: The European Court of Human Rights Grapples with Ethnic, Cultural, Religious, and Legal Pluralism

2020 ◽  
Vol 3 (4) ◽  
pp. 303
Author(s):  
James T. Richardson
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Supreme Court ◽  
Religious Freedom ◽  
Legal Pluralism ◽  
Diverse Group ◽  
Council Of Europe ◽  
Member States ◽  
European Court

This article examines the growing influences of the European Court of Human Rights (ECtHR), and controversies arising as a result of the Court’s movement toward establishing itself as a de facto Supreme Court of member nations of the Council of Europe (CoE) in the area of human and civil rights, including religious freedom. Responses to criticisms of the Court are considered, as is the growing problem of some member states refusing to enforce rulings of the Court. Some recent cases, mostly involving Islam, that seem to demonstrate a growing recognition of the ethnic, cultural, and legal pluralism that exists within the expanded CoE are examined. Also discussed is the apparent two-track approach the Court has taken as a result of having to manage religious freedom within such a diverse group of member nations.

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