Legal Balance between the Human Rights Protection and the Effectiveness of the Criminal Investigation

2020 ◽  
Vol 26 (2) ◽  
pp. 255-261
Author(s):  
Ralitsa Voynova
Keyword(s):  
Human Rights ◽  
Service Providers ◽  
Private Life ◽  
Criminal Investigation ◽  
Telecommunication Service ◽  
Criminal Prosecution ◽  
Criminal Cases ◽  
Human Rights Protection ◽  
The Right ◽  
Human Rights Standards

AbstractIn a digital age when national borders are not a barrier to offenders, access to electronic databases, often located in several countries, is required for a thorough criminal investigation and the correct resolution of a large number of criminal cases. The collection of information stored by cloud and telecommunication service providers for criminal prosecution purposes inevitably addresses issues of personal rights and freedoms. The CJEU has clarified that any restriction on the right to private life and data protection must be consistent with the requirements of legality, necessity and proportionality provided for in EU law. This study analyzes the compliance of the latest EU legislative instruments on a transnational collection of electronic data tothe European human rights standards and the principles of criminal justice.

Prisoners Right to Healthcare, a European Perspective

2013 ◽  
Vol 20 (1) ◽  
pp. 5-19 ◽  
Author(s):  
Henriette Roscam Abbing
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Essential Elements ◽  
Private Life ◽  
Positive Duty ◽  
Health Related ◽  
Avoidable Death ◽  
Access To Medical Care ◽  
The Right ◽  
Human Rights Standards

Abstract The right to healthcare applies regardless of a person’s legal status. Prisoners have a right to a healthcare equivalent to the one in the community at large: access to medical care and preventive measures of good quality and costs covered. States have a positive duty to provide for appropriate healthcare in prison, including harm reduction policies (for instance health screening, vaccination and needle exchange). Denial of access to appropriate health facilities to prisoners and other detainees is likely to result in bodily harm, unnecessary morbidity and avoidable death. Essential elements of the social right to care for the health of prisoners are protected through the positive obligations individual human rights impose on States (e.g., the right to life, the prohibition of torture, degrading treatment and punishment, the right to liberty and the right to private life). Health related human rights standards for prison healthcare have been formulated over worldwide and in Europe. The Council of Europe’s Committee of Prevention of Torture monitors the situation of prisoners in Member States. Still, healthcare for prisoners falls short of what is required. Prison healthcare is an essential part of public health. A major involvement of the Minister of Health is indispensable.

The Right to Confidential Communication with Defence Counsel in JapanRecent Legal Disputes Over Mail Censorship and Photography in Visiting Rooms

2019 ◽  
Vol 20 (2) ◽  
pp. 159-180
Author(s):  
Teppei Ono
Keyword(s):  
Human Rights ◽  
Current Practice ◽  
Dark Side ◽  
Criminal Cases ◽  
International Human Rights ◽  
Nelson Mandela ◽  
Defence Counsel ◽  
International Human ◽  
The Right ◽  
Human Rights Standards

In spite of the common global position of protecting the right to confidential communication, the Japanese prison authorities create barriers to communication between pre-trial inmates and defence counsel. Any correspondence, including correspondence between pre-trial inmates and defence counsel, may be opened and read by prison staff. In addition, prison authorities have established regulations to prohibit any visitors from bringing in cameras or mobile phones. They do not allow counsel to take photos in visiting rooms, claiming that these regulations are equally applicable to lawyers. This article examines the legality of the current practice regarding mail censorship and the prohibition of photography in visiting rooms, taking into consideration international human rights standards. It concludes that the current practice diverges from the international human rights standards including the Nelson Mandela Rules, which protects the full confidentiality of communication between inmates and lawyers, and access to effective legal aid. Since the arrest of Nissan’s former chairman Carlos Ghosn in November 2018, Japan’s ‘hostage justice’ system – in which suspects are held for a long period in harsh conditions to coerce a confession – has encountered a barrage of criticism. It should be noted, however, that interruption of inmates-defence counsel communication constitutes another dark side of Japanese criminal justice. This article will shed light on the everyday issues which Japanese defence counsel face in actual criminal cases.

scholarly journals Integrating rights and evidence: a technical advance in abortion guideline development

2021 ◽  
Vol 6 (2) ◽  
pp. e004141
Author(s):  
Fiona de Londras ◽  
Amanda Cleeve ◽  
Maria Isabel Rodriguez ◽  
Antonella Lavelanet
Keyword(s):  
Human Rights ◽  
Guideline Development ◽  
Methodological Approach ◽  
Policy Recommendations ◽  
Safe Abortion ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Right ◽  
Human Rights Standards ◽  
Policy Guidance

As part of its core work, the WHO generates, translates and disseminates knowledge, including through guideline development. In recent years, substantial work has been undertaken to revise the Evidence to Decision framework in order to fully integrate inter alia human rights. This paper describes an innovative methodological approach taken by the authors to inform law and policy recommendations for the forthcoming third edition of the Safe Abortion: Technical and Policy Guidance for Health Systems. The methodology described here effectively integrates human rights protection and enjoyment as part of health outcomes and analysis, ensuring that subsequent recommendations are consistent with international human rights standards. This will allow guideline users to make informed decisions on interventions, including legal and policy reform, to fulfil relevant human rights including the right to health.

Recognition of a Person’s Rights and Ethical Fulfilment

2017 ◽  
Vol 4 (3) ◽  
pp. 33
Author(s):  
Vereno Brugiatelli
Keyword(s):  
Human Rights ◽  
Self Esteem ◽  
Private Life ◽  
Fundamental Rights ◽  
Ethical Life ◽  
Institutional Conditions ◽  
Level I ◽  
The Right ◽  
Forms Of Violence ◽  
Desperate Attempt

Man's ethical fulfilment often faces objective obstacles in the deprivation of rights. The negation of the recognition of certain fundamental rights, or worse, the radical misrecognition of man, which translates into different forms of violence, often artfully disguised both on an individual and collective level, produces devastating consequences in the private life of a person upsetting all forms of positive self-esteem. The recognition of human qualities, accompanied by the right to express and extend them, is an integral part of the ethical life of each individual and, at the same time, constitutes a fundamental moment in the construction of a responsible civilized community. In this dissertation, I aim to analyse the connection between ethical life and human rights in order to draw attention to the repercussions that the recognition and misrecognition of liberty produce with regard to man's ethical fulfilment. From this perspective, I intend to highlight the importance of the existence of favourable juridical and institutional conditions to ensure ethical fulfilment. At this level, I will underline that the deprivation of capabilities is often the main cause of the profound sense of discontent affecting individuals in their desperate attempt to realise a type of existence which corresponds to their ambitions.

Any Role for Human Rights in the Norwegian Truth and Reconciliation Commission Addressing Forced Assimilation?

2021 ◽  
pp. 1-25
Author(s):  
Hans Morten Haugen
Keyword(s):  
Human Rights ◽  
Private Life ◽  
Truth And Reconciliation Commission ◽  
Political Life ◽  
Final Report ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
The North ◽  
National Minorities ◽  
The Right

Abstract Norway’s policies regarding Sámi and most national minorities in an historic perspective can be characterized as forced assimilation; except for Jews and Roma, where the historic policy can be termed exclusion. The Norwegian Truth and Reconciliation Commission (trc) is intended to be a broad-based process, resulting in a report to the Norwegian Parliament in 2022. After identifying various explanations for the relatively strong standing of the (North) Sámi domestically and in international forums, the article identifies various ways that human rights will be important for the trc’s work and final report: (i) self-determination; (ii) participation in political life; (iii) participation in cultural life; (iv) family life; (v) private life; and (vi) human dignity. Some of these rights are relatively wide, but all give relevant guidance to the trc’s work. The right to private life did not prevent the Norwegian Parliament’s temporary law to enable the trc’s access to archives

CONCEALED BIRTHS, ADOPTION AND HUMAN RIGHTS LAW: BEING WARY OF SEEKING TO OPEN WINDOWS INTO PEOPLE'S SOULS

2012 ◽  
Vol 71 (2) ◽  
pp. 325-354 ◽  
Author(s):  
Jill Marshall
Keyword(s):  
Human Rights ◽  
Personal Autonomy ◽  
Private Life ◽  
European Convention ◽  
Biological Father ◽  
Legal Decisions ◽  
The United Kingdom ◽  
Biological Family ◽  
The Right ◽  
Confidentiality And Privacy

AbstractAlthough rare, giving birth in secret or in concealed circumstances still happens in the United Kingdom. The new born child's existence is unknown to his or her biological ‘father’ and or to the wider biological family of the birth giver who wishes to place the child for adoption without his or her existence being revealed to them. Legal decisions need to be made judicially when a local authority seeks orders as to whether it is required to make further inquiries to identify and notify the biological father and or wider biological family as to any forthcoming adoption proceedings. Developments in European human rights law's protection of a right to respect one's private life provided by Article 8 of the European Convention on Human Rights (ECHR) towards a right to personal autonomy, identity and integrity can be interpreted in different ways. However, three positions are argued here to guard against an erosion of women's confidentiality and privacy in these circumstances. First, women's choices of concealment should be accepted with respect rather than perceived as inauthentic and therefore impermissible; this is in keeping with Article 2's right to life and Article 8's right to personal autonomy and integrity. Second, the right to family life protected by Article 8 of any wider biological family and father is not contravened by allowing women to give birth discreetly. Third, openness and transparency, when it comes to exact knowledge of one's parents in this context is not necessary for a child's identity rights, which are also protected by Article 8's right to personal identity, to be legally protected.

scholarly journals Russian Federation: Opinion of the Venice Commission No.1014/2020 dated on 6 July 2021 on the Compatibility with international human rights standards of a series of Bills introduced to the Russian State Duma between 10 and 23 November 2020, to amend laws affecting “foreign agents”

2021 ◽  
Vol 30 (4) ◽  
pp. 122-154
Keyword(s):  
Human Rights ◽  
Public Affairs ◽  
Freedom Of Association ◽  
Cumulative Impact ◽  
The Right To Privacy ◽  
Russian State ◽  
Legislative Amendments ◽  
Venice Commission ◽  
The Right ◽  
Human Rights Standards

In the adopted at the 127th plenary session Opinion Venice Commission analyzed the objectives and rationale for the legislative amendments to the laws affecting “foreign agents”; expanding the range of individuals and legal entities that can be designated as “foreign agents”; expansion of administrative requirements and restrictions for “foreign agents”; expansion of sanctions for violation of these requirements and restrictions. The Commission concluded that the adoption of these amendments constitutes a serious violation of fundamental human rights, including freedom of association and expression, the right to privacy, the right to participate in public affairs, and the principle of non-discrimination and expressed especial concern about the cumulative impact of the latest amendments on organizations, individuals, the media and civil society in general.

THE RIGHT TO AN INTIMATE, FAMILY AND PRIVATE LIFE IN THE JURISPRUDENCE OF THE EUROPEAN COURT ON HUMAN RIGHTS

2021 ◽  
pp. 142-151
Author(s):  
Iulia Butnaru ◽  
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
Psychological Traits ◽  
European Court ◽  
The Family ◽  
Legitimate Interests ◽  
The Right

Privacy often conflict with other rights and legitimate interests, at which is the question of establishing its boundaries. Obviously there are no clear limits beyond which an infringement must be regarded as permissible. Private life is a concept with an extensive interpretation, which includes different spheres of the person’s life, as demonstrated by the jurisprudence of the European Court of Human Rights. What is certain is that each person has their own opinion about the extent of privacy and this impression depends on the psychological traits of the person concerned, but also on the traditions and customs that exist in a society at a certain historical stage. The utility of the case law of the European Court of Human Rights in the protection of private life and the family is that it provides precise criteria to be applied by judges to determine whether the complaint submitted under Article 8 of the Convention European Human Rights is one valid.

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