scholarly journals Protecting the Right to Emergency Medical Service in the European Court of Human Rights and Collective Complaint Procedure

2018 ◽  
Vol 11 (1) ◽  
pp. 48-84
Author(s):  
Jenna Uusitalo
Keyword(s):  
Human Rights ◽  
Emergency Medical Service ◽  
Medical Service ◽  
Political Rights ◽  
Economic Rights ◽  
Protection Mechanism ◽  
Human Rights Protection ◽  
Emergency Medical ◽  
European Court ◽  
The Right

Abstract The European Court of Human Rights (ECtHR) is generally described as the most effective human rights protection mechanism. While the jurisdiction of the Court is limited to civil and political rights, the protection of socio-economic rights at the Council of Europe is sought primarily through the Collective Complaint Procedure (CCP). Such a distinction reflects the traditional perception of human rights, according to which the protection of socio-economic rights has been regarded as inferior to first-category human rights. However, analysis of the ECtHR and CCP from the viewpoint of emergency medical service illustrates that, contrary to the prevailing understanding, both mechanisms do provide equally effective protection for claims concerning the right to emergency health care.

scholarly journals Scandinavian Legal Realism and the Challenge of Recognizing Emergency Medical Service as a Legal Norm

2020 ◽  
Vol 4 (2) ◽  
pp. 129-146
Author(s):  
Jenna Uusitalo
Keyword(s):  
Human Rights ◽  
Emergency Medical Service ◽  
Medical Service ◽  
Right To Health ◽  
Legal Norm ◽  
Human Right ◽  
Legal Realism ◽  
Emergency Medical ◽  
History Of ◽  
The Right

Emergency medical service (EMS) forms a sub-category of the internationally recognized right to health. However, despite the codification of the right to health in various human rights conventions which have been implemented in national legislation, EMS still seems to be regarded as an economic expense or a political decision rather than a legal norm or a human right. This paper evaluates the causes for such a misunderstanding, primarily through Scandinavian Legal Realism which emphasizes the social contextualization of law. Supplementary scholarly views, as well as a history of human rights, are also applied to support the main arguments. Essentially, the paper claims that the challenge of recognizing EMS as a legal norm is associated with the relatively abstract and impersonalized nature of emergency care.

From Legislative Shortcomings towards Better Human Rights Protection — Analysis of Legislation on the Emergency Medical Services in Finland and Estonia

2018 ◽  
Vol 25 (4) ◽  
pp. 389-406
Author(s):  
Jenna Uusitalo
Keyword(s):  
Human Rights ◽  
Medical Care ◽  
Emergency Medical Service ◽  
Medical Service ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Provisions ◽  
Emergency Medical ◽  
Life Threatening ◽  
Protection Of Human Rights

Abstract Emergency medical service (EMS) is designed, above all, to provide urgent treatment for patients with sudden life-threatening diseases or injuries. In wider context, however, EMS is a part of state’s constitutional obligation to guarantee adequate medical care. Therefore, this analysis of how EMS legislation has been drafted and implemented in practice can also be seen to reflect the state’s attitude towards the protection of human rights. A comparison between legal provisions on EMS in Finland and Estonia has been performed in order to illustrate these differentiations. Essentially, the article argues that Estonian EMS legislation seems to contribute more significantly to human rights protection, whereas Finland is more economically oriented in its attitude. However, both jurisdictions also contain some advantageous provisions, which could enhance the quality and improve the recognition of human rights in other states as well.

scholarly journals Protecting Economic Interests or the Right to Life? Perception of the European Court of Justice on Emergency Medical Services1

2018 ◽  
Vol 8 (1) ◽  
pp. 197-209
Author(s):  
Jenna Uusitalo
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Court Of Justice ◽  
Full Potential ◽  
Human Rights Protection ◽  
Court Of Justice ◽  
Emergency Medical ◽  
European Court ◽  
The Right ◽  
The Eu

Abstract European Union (EU) was founded to strengthen European integration through purely economic cooperation while disregarding human rights. However, throughout its existence the EU has been challenged to take a stand on human rights. In fact, the application and promotion of human rights has increased significantly in recent years, especially during the last 15 years, mainly thanks to the establishment of the Charter of Fundamental Rights in 2000. Through the selected cases concerning emergency medical services, this paper examines how the arguments of the European Court of Justice have eventually been shifting from purely economic ideology towards more human rights based approach. However, the article essentially argues that the full potential of human rights to support the claims that are inherently economic in their nature has not yet been utilized and therefore the essential aim of the Charter to strengthen human rights protection in the EU remains unachieved.

The Idea of Human Rights in Conditions of Hospital Treatment

2016 ◽  
pp. 1147-1165
Author(s):  
Bogusław Sygit ◽  
Damian Wąsik
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
European Convention ◽  
Hospital Treatment ◽  
Political Rights ◽  
Human Rights Abuses ◽  
Cultural Rights ◽  
European Court ◽  
Definition Of ◽  
The Right

The aim of this chapter is describing of the influence of universal human rights and civil liberties on the formation of standards for hospital care. The authors present definition of the right to life and the right to health. Moreover in the section it is discussed modern standards of hospital treatment under the provisions of the International Covenant on Economic, Social and Cultural Rights: availability, accessibility, acceptability and quality. The authors discuss in detail about selected examples realization of human rights in the treatment of hospital and forms of their violation. During the presentation of these issues, the authors analyze a provisions of the International Covenant on Civil and Political Rights and European Convention on the Protection of Human Rights and Fundamental Freedoms and use a number of judgments of the European Court of Human Rights issued in matters concerning human rights abuses in the course of treatment and hospitalization.

The Interests Protected by the Right to Security of Person

2019 ◽  
pp. 103-122
Author(s):  
Rhonda Powell
Keyword(s):  
Human Rights ◽  
South African ◽  
Capabilities Approach ◽  
European Convention ◽  
Political Rights ◽  
Bill Of Rights ◽  
Human Rights Law ◽  
Economic Rights ◽  
Canadian Charter ◽  
The Right

Drawing on the analysis of security in Chapter 3 and the capabilities approach in Chapter 4, Chapter 5 provides examples of the interests that the right to security of person protects. It also considers the extent to which human rights law already recognizes a link between those interests and security of person. Five overlapping examples are discussed in turn: life, the means of life, health, privacy and the home, and autonomy. Illustrations are brought primarily from the European Convention on Human Rights, the Canadian Charter, and the South African Bill of Rights jurisprudence. It is argued that protection against material deprivations that threaten a person’s existence are as much part of the right to personal security as protection against physical assaults. The right to security of person effectively overcomes the problematic distinction between civil and political rights and socio-economic rights because it sits in both categories.

Protection from poverty in the European Court of Human Rights

2019 ◽  
pp. 335-360
Author(s):  
Elena Pribytkova
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Political Rights ◽  
European Level ◽  
Economic Rights ◽  
The Poor ◽  
Adequate Food ◽  
European Court ◽  
Normative Basis ◽  
Judicial Protection

This paper analyses the practice of the European Court of Human Rights (ECtHR), which gives judicial protection to minimum socio-economic guarantees indispensable for freedom from poverty while addressing civil and political rights enshrined in the European Convention on Human Rights (ECHR). I explore the normative basis, scope, strategies, conditions and effectiveness of the ECtHR’s enforcement of basic socio-economic guarantees, such as access to adequate food, water, sanitation, housing, clothing, health, and social security. The paper examines the virtues and shortcomings of the ECtHR’s approach and discusses legal and political measures necessary to improve judicial protection of the poor in Europe. It shows the necessity of the elaboration of a systematic legal conception clarifying the content and scope of socio-economic guarantees of freedom from poverty protected by the ECHR as well as common standards of their judicial enforcement. At the same time, I advocate for the direct judicial protection of socio-economic rights at the European level. An essential political measure in this sense would be the expansion of the Court’s jurisdiction to the rights enshrined in the European Social Charter and the Revised European Social Charter.

Socio-Economic Rights and Their Implementation: The Impact of Domestic and International Instruments

2004 ◽  
Vol 32 (2) ◽  
pp. 243-259 ◽  
Author(s):  
Gerhard Erasmus
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
Economic Rights ◽  
Personal Liberty ◽  
Legal Remedy ◽  
Basic Quality ◽  
Civil And Political Rights ◽  
The Right ◽  
International Instruments ◽  
The Impact

Socio-economic rights are those human rights that aim to secure for all members of a particular society a basic quality of life in terms of food, water, shelter, education, health care and housing. They differ from traditional civil and political rights such as the right to equality, personal liberty, property, free speech and association. These “traditional human rights” are now found in most democratic constitutions and are, as a rule, enshrined in a Bill of Rights; which is that part of the Constitution that is normally enforced through mechanisms such as judicial review. The victims of the violation of such rights have a legal remedy. Individual freedom is a primary value underpinning civil and political rights.

scholarly journals THE RIGHT TO VOTE FOR NON-RESIDENT CITIZENS IN EUROPE

2016 ◽  
Vol 65 (4) ◽  
pp. 859-894 ◽  
Author(s):  
Richard Lappin
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
Human Right ◽  
European Court ◽  
Civil And Political Rights ◽  
Right To Vote ◽  
The Right ◽  
Political Right

AbstractThe right to vote is the most important political right in international human rights law. Framed within the broader right of political participation, it is the only right in the International Covenant on Civil and Political Rights not guaranteed as a universal human right but rather as a citizen's right. While limitations on the right to vote are permissible in respect of citizenship and age, residency-based restrictions are not explicitly provided. However, recent judgments of the European Court of Human Rights endorse a view that voting rights may be conditioned on residency on the grounds of an individual's bond to their country-of-origin and the extent to which laws passed by that government would affect them. This article questions this proposition and explores whether disenfranchisement based solely on residency constitutes an unreasonable and discriminatory restriction to the essence of the right.

scholarly journals The Rights of Intersex Persons to Establish a Family under Albanian Law. Practice of the ECHR

2015 ◽  
Vol 5 (2) ◽  
pp. 137
Author(s):  
Dr.Sc. Jorida Xhafaj
Keyword(s):  
Human Rights ◽  
Family Relationships ◽  
Family Life ◽  
National Legislation ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Provisions ◽  
European Court ◽  
Definition Of ◽  
The Right

identity is the way in which a person is self-identified with a gender category, as for example to be female or male, or in some cases intersex, which is none of the distinguishable biological sexes. In principal, intersex persons are part of the society with their rights and obligations, which are not the same with those of the other members of society, in special areas of life.This paper aims to treat the right of intersex persons to marriage and to establish a family. The paper begins with an overview of definition of intersex persons, their rights, and focuses primarily on the right to establish a family.The right for a family life has found protection in the Albanian national legislation. The Constitution of theRepublicofAlbaniaof 1998 in its Article 53 stipulates that "everyone has the right to marry and have a family" establishing the principle of equality before the law, closely linked to the principle of non-discrimination. The legal provisions set a controversial position on the right to get married and to establish family relationships of the intersex persons, which is based on different arguments.For the purposes of the research, we aim also to compare the national legislation with the European principles and practice of the European Court of Human Rights (hereinafter referred as ECHR). The paper also includes the opinions and recommendations of Albanian institutions, as well as those of foreign ones, mainly European, in the area of human rights protection, and especially regarding the rights of the intersex persons.

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.

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