scholarly journals Current challenges in the field of human rights protection during the covid-19 pandemic

2021 ◽  
pp. 61-64
Author(s):  
M.I. Saenko ◽  
V.V. Goloborodko ◽  
V.S. Pleskachova
Keyword(s):  
Human Rights ◽  
Public Transport ◽  
Emergency Situation ◽  
Case Law ◽  
European Convention ◽  
Public Buildings ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Right

In the articles on the problems of quarantine restrictions during the coronavirus pandemic, ambiguities are identified against epidemiological measures in the legislation of Ukraine. Emphasis is also placed on the violation of international acts ratified by Ukraine and the inconsistency of norms in national and international law. The normative legal acts of Ukraine are considered, which propose to allow restriction of certain rights and freedoms of man and citizen. The fundamental aspects of the right to protection from pressure on a person, enshrined in the European Convention on Human Rights during an emergency, have been identified. The key cases that provide an opportunity to derogate from an emergency situation under Article 15 of the European Convention on Human Rights are listed. Emphasis is placed on the ambiguity of the wording of the terms «public buildings», «public transport» in terms of violation of the rules on human quarantine, sanitary and hygienic, sanitary and anti-epidemic rules and regulations provided by the Law of Ukraine «On Protection of Infectious Diseases» and stay in public buildings, structures, public transport during quarantine without wearing personal protective equipment. An example from case law on the prescribed restrictions is given based on both interpretations of European and all-Ukrainian law. It was emphasized that the main act, which has the highest legal force on the territory of Ukraine, was violated in terms of freedom of movement, the right to hold rallies, the right to education and work. The normative legal act concerning restrictions within Ukraine in connection with the pandemic was analyzed, namely the Resolution of the Cabinet of Ministers of March 11, 2020 №211 “On prevention of the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV- 2 ”, as well as international experience in the protection of human rights during the COVID-19 pandemic.

Framing the Boundaries of European Human Rights Law

Global Jurist ◽  
2013 ◽  
Vol 13 (2-3) ◽  
Author(s):  
Can Öztaş
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Court System ◽  
Human Rights Law ◽  
Human Rights Protection ◽  
Rights Protection

AbstractEuropean human rights protection, ensured by the European Convention and Court of Human Rights, is declared to be universal and inclusive, protecting not only citizens of Europe but also anybody residing within the jurisdiction of the signatory countries. This article challenges this declaration and argues, with the help of some examples from the case law, that European human rights protection is based on the defined concepts of European-ness that exclude the perceived non-European within the Convention and the Court system.

scholarly journals General and Particular Approaches to Implementation of theEuropean Convention on Human Rights

2018 ◽  
Vol 55 ◽  
pp. 248-292
Author(s):  
VLADIMÍRA PEJCHALOVÁ GRÜNWALDOVÁ
Keyword(s):  
Human Rights ◽  
National Level ◽  
Case Law ◽  
European Convention ◽  
Constitutional Courts ◽  
The Czech Republic ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Courts ◽  
European Court

AbstractThis article deals with the implementation, at the national level, of European human rights protection standards as enshrined in theEuropean Convention on Human Rights(ECHR) and interpreted by the European Court of Human Rights (ECtHR). It discusses the principles of interpretation of theECHRby the ECtHR, the interaction and mutual dialogue between the ECtHR and national courts, and the approach of the latter to interpretation and application of the case law of the ECtHR. Using the concrete examples of France and the Czech Republic as case studies, it is shown to what extent and how European constitutional courts take into account and apply the letter of the Convention and its interpretation by the ECtHR.

The Increasingly Marginal Appreciation of the Margin-of-Appreciation Doctrine

2006 ◽  
Vol 7 (6) ◽  
pp. 611-623 ◽  
Author(s):  
Ignacio de la Rasilla del Moral
Keyword(s):  
Human Rights ◽  
Cultural Relativism ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Margin Of Appreciation ◽  
Rome Convention ◽  
Related Notion ◽  
Protection Of Human Rights ◽  
Sensitive Issues

What song the Syrens sang, or what name Achilles assumed when he hid himself among the women, although puzzling questions are not beyond all conjecture.What is so fundamental in terms of the protection of human rights in Europe that it requires the same standards for all countries and what, by contrast, would be better dealt with by each State's organs in line with verbigratia Michael Walzer's-related notion of “thick morality”?. Where should the line be drawn between unity and diversity notwithstanding the resulting risk of human rights cultural relativism associated to the latter?. On what grounds could the axiomatic universality of human rights possibly be connoted in a continent which prides itself on possessing the most developed regional system for the protection of human rights world-wide in view of the resulting risk of legal contagion to other systems for the protection of human rights and, even, to general international law that such a practice can trigger?. At the end of the day, these are the sort of questions that the study of the margin-of- appreciation doctrine raises. The Trojan Horse-like character of the Strasbourg's judge-made margin-of-appreciation doctrine within the European human rights protection system has long since bothered human rights lawyers. Cases of reliance on this review doctrine have been generally criticised as denials of justice for individuals, abdications by the Court of its duty of adjudication in difficult or sensitive issues or as a judicial diluting technique of the strict conditions laid down in the European Convention of Human Rights. This line of criticism, aimed at what from the viewpoint of some occupants of the bench is seen as “a well established and legitimate part of the convention's jurisprudence”, has been reinforced by the entry of 21 new Eastern and Central European contracting parties to the Council of Europe following the 1989-1991 events. With a current membership of 46 States, all of which have ratified the 1950 Rome Convention, it is further feared that the doctrine will increasingly become an open door for abusive limitations in the exercise of human rights in states who traditionally leaned towards human rights cultural relativism. Against this background, I will briefly look into the technical criteria used by Strasbourg's judicial interpreters to factually implement this “much maligned notion” or, as one commentator has put it, this “manière pseudo-technique d'évoquer le pouvoir discrétionnaire que les organes de Strasbourg ont estimé reconnu aux Etats par la Convention dans certains cas”. I will, secondly, provide a basic overview of the general doctrinal positions one can adopt regarding this long debated question.

scholarly journals RESPECT FOR PRIVATE AND FAMILY LIFE UNDER ARTICLE 8 ECHR IN IMMIGRATION CASES: A HUMAN RIGHT TO REGULARIZE ILLEGAL STAY?

2008 ◽  
Vol 57 (1) ◽  
pp. 87-112 ◽  
Author(s):  
Daniel Thym
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Human Right ◽  
Human Rights Protection ◽  
Immigration Laws ◽  
European Court ◽  
The Status ◽  
Protection Of Human Rights

AbstractApplying the European Convention on Human Rights (ECHR) to immigration cases has always been a balancing exercise between the effective protection of human rights and the Contracting States' autonomy to regulate migration flows. In its recent case law, the European Court of Human Rights in Strasbourg (ECtHR) has considerably extended the protective scope of Article 8 ECHR by granting autonomous human rights protection to the long-term resident status independent of the existence of family bonds under the heading of ‘private life’. This has important repercussions for the status of legal and illegal immigrants across Europe, since the new case law widens the reach of human rights law to the legal conditions for leave to remain, effectively granting several applicants a human right to regularize their illegal stay. The contribution analyses the new case law and develops general criteria guiding the application of the ECHR to national immigration laws and the new EU harmonization measures adopted in recent years.

scholarly journals Right to abortion in modern law and in the practice of the European Court of Human Rights

2021 ◽  
pp. 159-170
Author(s):  
Majida Lubura
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Right To Life ◽  
Human Right ◽  
Safe Abortion ◽  
Human Rights Protection ◽  
European Court ◽  
Scientific Disciplines ◽  
The Right

A basic human right - the right to life, even today faces numerous questions when it comes to its scope. One of those questions is the issue of the right to abortion, which is the subject of numerous controversies among lawyers, philosophers, medical workers, theologists, as well as among citizens in the broadest sense. Debates that exist in various scientific disciplines indicate the complexity of these issues that needs to be legally regulated at the domestic and international level. For that reason, it is necessary to follow and study the judgments of international bodies that have been passed in connection with this issue. As the most developed system of Human Rights protection has been established within the European Convention on Human Rights, and at the same time the most relevant for our country, in this paper the author studies the current practice of the European Court of Human Rights related to the right to abortion. It is evident, from the case law presented in this paper that the Court had a very delicate and difficult task to balance between diametrically opposing rights and interests of various interested parties. The Court's judgments show a consensus only regarding the question of the existence of the right to abortion in cases where the right to life and health of women is endangered. Opponents of abortion claim that in this case, it is not the right to abortion, but the right to life of a woman and that only then an abortion is allowed and justified to be performed, as well as that it is a conclusion that can be deduced from the Court's case law. However, the author of this paper believes that even though the practice of the court is quite neutral, it still tends more towards granting the right to safe abortion.

scholarly journals Internet and freedom of expression in the case law of the European Court of Human Rights

2020 ◽  
Vol 54 (3) ◽  
pp. 1023-1042
Author(s):  
Ljiljana Mijović
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
The Internet ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
And Control

Internet as a means of communication, whatever the type of information it might be used for, falls within the exercise of the right to freedom of expression, as guaranteed by Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. As established in the European Court's case law, freedom of expression constitutes one of the essentials of a democratic society, therefore limitations on that freedom foreseen in Article 10 § 2 of the Convention are to be interpreted strictly. In order to ensure effective protection of one's freedom of expression on the Internet, States bear a positive obligation to create an appropriate regulatory framework, balancing the right to freedom of expression on one and the limitations prescribed in Article 10 § 2, on the other hand. Special attention in doing so is to be paid to the risk of harm posed by content and communications on the Internet to the exercise and enjoyment of other human rights and freedoms guaranteed by the European Convention, particularly the right to respect for private life. While it is the fact that the electronic network, serving billions of users worldwide, will never be subject to the same regulations and control, because of the national authorities' margin of appreciation, the European Court established commonly applicable general principles regarding the Internet as a media of exercising right to freedom of expression.

A Case-Law Study of the Truth as Human Right

Global Jurist ◽  
2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Luis Castillo-Córdova ◽  
Susana Mosquera-Monelos
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Focus Attention ◽  
Human Right ◽  
Human Rights Protection ◽  
Rights Protection ◽  
International Recognition ◽  
Human Good ◽  
The Law ◽  
The Right

AbstractWe consider the right to the truth an essential human right that should be recognized and guaranteed by the Law. Allowing all humans access to the truth is a human good permitting the achievement of a higher degree of human perfection and realization and, consequently, there are strong reasons to affirm that the Law should recognize and guarantee as much as possible access to the truth. Considering that it has been the international recognition of the right to the truth which has provided the basis for domestic regulations it is logical that we should focus attention on the international sphere of human rights protection and it is for this reason that we have carried out a case-law method investigation to describe the concept of “the right to the truth”.

scholarly journals ACCESS TO JUSTICE IN CRIMINAL PROCEEDINGS: LEGAL STANCES OF THE EUROPEAN COURT OF HUMAN RIGHTS

Lex Russica ◽  
2020 ◽  
pp. 56-67 ◽  
Author(s):  
T. Yu. Vilkova
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
European Court ◽  
Different Types ◽  
Protection Of Human Rights ◽  
The Right ◽  
Right Of Access

The article is devoted to the analysis of the stances developed in the case law of the European Court of Human Rights regarding the content, scope, general principles of ensuring the right of access to justice, and permissible limits applied to restrict the right in question. The author has substantiated the conclusion that the European Court of Human Rights associates access to justice with Paragraph 1 of Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Thus, the concept of access to justice includes a number of elements: the right to have recourse to court; the right to have a case heard and resolved in compliance with the requirements of a fair trial; the right to have the judgment enforced; the set of safeguards that allow the person to exercise the rights under consideration effectively. According to the European Court of Human Rights, access to justice should be ensured at all stages including pre-trial (criminal) proceedings and reviewing of court decisions by higher courts. However, the right of access to justice is not absolute. The restrictions imposed must have a legitimate purpose and reasonable proportionality must be obtained between the means used and the goal determined. In view of the requirement mentioned above, the national legislation may provide for the particularities of application of Paragraph 1 of Article 6 of the Convention to proceedings in different types of courts and at different stages, for example, by establishing a certain procedure for the court to grant individuals the right to appeal to a higher court. The author has demonstrated the main directions of applying the legal stances of the European Court of Human Rights regarding access to justice to improve the Russian criminal procedural legislation and law enforcement practices, as well as for further scientific research.

scholarly journals Od predmeta Mccann do predmeta F.J.M.

2020 ◽  
Vol 41 (1) ◽  
pp. 113-132
Author(s):  
Gabrijela Mihelčić ◽  
Maša Marochini Zrinski ◽  
Renata Šantek
Keyword(s):  
Human Rights ◽  
Case Law ◽  
The State ◽  
European Convention ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Proportionality Test ◽  
The Right ◽  
Analyse Case

The authors discuss and analyse case law of the European Court of Human Rights regarding the right to respect for home under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and with respect the issue of proportionality. In the paper, the proportionality category was viewed as a criterion for securing protection and as a material precondition for deciding whether the State party's interference with the right to respect for home was proportionate. The cases in which the applicant's eviction occurred after national proceedings for the enforcement of mortgages were addressed. In this context, the genesis of the proportionality category was analysed, from the cases where the Court found it necessary to examine the proportionality to the cases where the Court did not consider the proportionality test necessary.

scholarly journals The Legal Nature of the Child’s Right to Access Information and the Restriction Thereof to Protect a Child Against Information Detrimental to the Mental Health and Development of Minors

2021 ◽  
Vol 1 ◽  
pp. 27-30
Author(s):  
Olga Yu. Sitkova ◽  
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Of The Child ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
Access Information ◽  
The Right ◽  
Legal Mechanism

The article analyzes the norms of international acts in the field of human rights protection concerning the right to access information. The author of the article hypothesizes that the legal mechanism, which includes measures of coordinated interaction between the family and the state, best contributes to the implementation of measures to protect children from harmful information, combined with the preservation of the child’s right to access information. Within the framework of this direction, the article reveals the legal nature of the child’s right to access information. The article analyzes the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the UN Convention on the Rights of the Child and a number of other international acts in this area. The practice of the ECHR in cases related to the right to freedom of expression has been generalized, which made it possible to determine the legal essence of this right in the context of the provisions of the main international acts on the protection of human rights

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