scholarly journals THE PROBLEM OF LANGUAGE IN THE PROCEDURE FOR GRANTING REFUGEE STATUS

2013 ◽  
Vol 34 (1) ◽  
pp. 129-140
Author(s):  
Magdalena Perkowska ◽  
Emilia Jurgielewicz
Keyword(s):  
Human Rights ◽  
Refugee Status ◽  
The World ◽  
Fundamental Freedoms ◽  
Administrative Agencies ◽  
The Status ◽  
Protection Of Human Rights ◽  
The Republic

Abstract Refugees constitute one of the most serious international problems that the world faces today. The problem of guarantee of access to a language that is understood by the applicant in the procedure for granting refugee status, presented in this paper, is strongly associated with this matter. Due to the fact that this is an issue which affects a considerable number of states, both interna- tional and domestic regulations concerning the granting of refugee status were selected for examination in the present paper. The provisions of the Convention relating to the Status of Refugees, the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as of the Act of 13 June 2003 on granting protection to foreigners within the territory of the Republic of Poland were considered. The paper focuses on an analysis of the guarantee to make provision for communication in an understandable language, which does not create a barrier for the person applying for refugee status while communicating with administrative agencies that are decisive in granting the aforementioned status.

scholarly journals La Cour européenne des droits de l’homme

2005 ◽  
Vol 25 (4) ◽  
pp. 873-933
Author(s):  
Marc-André Eissen
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Council Of Europe ◽  
Canadian Charter ◽  
The Past ◽  
European Court ◽  
Fundamental Freedoms ◽  
The Status ◽  
Protection Of Human Rights

The European Convention for the Protection of Human Rights and Fundamental Freedoms came into force on September 1953. In 1959, the European Court of Human Rights began its work which is to apply the Convention to particular cases. Since then, it has delivered 94 judgments. For Canadian Lawyers, since the Canadian Charter of Rights and Freedoms has come into force, the European Court and its decisions are of particular signifiance. The following article concerns the Court itself, especially the status of its judges. It also concerns the functions, powers and procedures of the Court and lastly relates the spirit with which the Convention has been applied to the National Laws of the Members of the Council of Europe for the past 25 years.

scholarly journals Regulation of the Compatibility of Tax-Liability Aggravating Factors with the Requirements of the Protection of Human Rights and Fundamental Freedoms

Teisė ◽  
2019 ◽  
Vol 113 ◽  
pp. 50-63
Author(s):  
Povilas Gruodis
Keyword(s):  
Human Rights ◽  
Tax Administration ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Republic

This article represents the results of an analysis focused on the protection of human rights and fundamental freedoms and tax norms provided in Article No. 140, Part. 4 of the Law on Tax Administration of the Republic of Lithuania, where a list of tax-liability aggravating factors is provided. The results of the analysis are provided in the conclusions, together with recommendations on how to improve the present regulation.

scholarly journals Instytucja tzw. zgody następczej po nowelizacji z 11 marca 2016 r. w świetle standardów konstytucyjnych i konwencyjnych

2017 ◽  
pp. 81-100
Author(s):  
Paweł Daniluk
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Official Journal ◽  
Ex Post ◽  
Fundamental Freedoms ◽  
Ex Post Facto ◽  
Protection Of Human Rights ◽  
The Republic

The Act of 11 March 2016 amending the Code of Criminal Procedure and some other acts (Official Journal of Laws, item 437 as amended) introduced to the system of law Article 168b of the Code of Criminal Procedure and changed Article 237a of the Code of Criminal Procedure. These rules regulate the institution of the so-called ex post facto consent. The following paper analyzes Article 168b and Article 237a of the Code of Criminal Procedure in the light of standards stemming from the Constitution of the Republic of Poland and the Convention for the Protection of Human Rights and Fundamental Freedoms. This analysis first of all revealed that there are serious doubts as to the compatibility of Article 168b and Article 237a of the Code of Criminal Procedure with Article 47, Article 49, Article 51 (2) in conjunction with Article 31 (3) of the Constitution of the Republic of Poland.

scholarly journals Oral public hearing in an administrative dispute

2020 ◽  
Vol 54 (1) ◽  
pp. 487-502
Author(s):  
Renata Bjelica
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
Public Hearing ◽  
Judicial Decisions ◽  
Legal Provisions ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

The right to an oral public hearing is covered by the right to a fair trial as a right guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms as well as by the Constitution of the Republic of Serbia. In this sense, the Law on Administrative Disputes prescribes a rule for the court to establish the facts at an oral public hearing. This law prescribes exceptions to the rule, as well as cases in which the court will "always" and in which it is "obliged" to hold an oral public hearing. Analyzing the legal provisions, with reference to the relevant administrative and constitutional caselaw, and considering the present organization and capacity of the administrative judiciary, the author pointed to certain shortcomings of legislative solutions and administrative judicial decisions, and based on the conclusions drawn, tried to offer possible solutions so that, when it comes to holding a hearing before a court, a higher degree of fairness of trial could be achieved.

Part 3 The United Nations: What it Does, 22 Promotion and Protection of Human Rights

2017 ◽  
Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James
Keyword(s):  
New York ◽  
Human Rights ◽  
Security Council ◽  
General Assembly ◽  
Human Rights Council ◽  
High Commissioner ◽  
Human Rights Treaties ◽  
The World ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

The UN Charter contains several provisions on human rights. Indeed, one of the purposes of the UN is ‘[t]o achieve co-operation … in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion’. The promotion and protection of human rights is also spread throughout the UN system, from the General Assembly and Security Council in New York, to the Office of the High Commissioner for Human Rights and the Human Rights Council in Geneva, to field presences across the world. This chapter discusses the principal organs involved in the protection and promotion of human rights, including the Human Rights Council and Office of the High Commissioner for Human Rights. Also covered are human rights treaties and treaty bodies, human rights conferences, and Geneva–New York relations.

scholarly journals Legal cosmopolitanism in international law

2020 ◽  
Vol 9 (3) ◽  
pp. 552-561
Author(s):  
EIRIK BJORGE
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Order ◽  
European Convention ◽  
European Context ◽  
International Court ◽  
The World ◽  
Fundamental Freedoms ◽  
European System ◽  
Protection Of Human Rights

AbstractThis article concerns two aspects of Stone Sweet and Ryan’s theory of legal cosmopolitanism: (1) what the Kantian cosmopolitan legal order means for an international court; and (2) what it means for the holders of the rights that flow from the cosmopolitan legal order. The article interrogates the extent to which, in order to be considered a truly cosmopolitan legal order, the European Convention on Human Rights needs at times not only to make non-citizens free of rights equal to those of citizens, but also to give them stronger rights than those enjoyed by citizens. The article concludes by turning to the meaning of the European Convention beyond its European context. The European system for the protection of human rights and fundamental freedoms may fail or succeed, yet the enthusiasm that the most successful rights-protecting body in the world has created in bystanders, and the very fact that it came into being at all, prove that real progress is possible. From a Kantian perspective, this may well be its greatest accomplishment.

scholarly journals Prosecuting War Crimes and Meeting Obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms at the Same Time – the Case of Croatia

2015 ◽  
Vol 21 (74) ◽  
pp. 41-61
Author(s):  
Lara Barberić ◽  
Davorka Čolak ◽  
Jasmina Dolmagić
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
War Crimes ◽  
Human Rights Violations ◽  
Criminal Prosecution ◽  
European Court ◽  
Fundamental Freedoms ◽  
The Future ◽  
Protection Of Human Rights ◽  
The Republic

Abstract This article aims to give an overview of how human rights violations that occurred during the Homeland War in Croatia are redressed by conducting criminal prosecution in the Republic of Croatia. Namely, criminal prosecution as one of the elements of transitional justice is essential not only for establishing the accountability of war crime perpetrators, but also as a warning that such violations shall not be tolerated in the future. Moreover, drawing on the jurisprudence of the European Court of Human Rights, this article examines how the efforts made by national prosecution bodies to investigate war crimes are assessed by this court. It concludes with the idea that both prosecution of war crimes and protection of human rights, as guaranteed by The Convention for the Protection of Human Rights and Fundamental Freedoms and the European Court of Human Rights, seek to achieve the same goal, i.e. protecting the most basic human rights of the war crimes victims and other individuals.

Constitutional Orders of Non-Recognized Entities in Georgia and Ukraine. Can façade Constitutions Ensure Adequate Protection of Human Rights?

2020 ◽  
Vol 45 (1) ◽  
pp. 92-125
Author(s):  
Roman Petrov ◽  
Gaga Gabrichidze ◽  
Paul Kalinichenko
Keyword(s):  
Human Rights ◽  
Public Law ◽  
Fundamental Rights ◽  
European Law ◽  
Legal Systems ◽  
South Ossetia ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Republic ◽  
International Conventions

This article analyses the foundations of the constitutional and legal orders of selected non-recognized entities in Georgia and Ukraine, namely the so-called “Republic of Abkhazia”, the “Republic of South Ossetia” and the “Donetsk/Lugansk Peoples’ Republics”. Additionally, this article pursues the objective of clarifying whether the legal systems of these entities can ensure protection of the human rights and fundamental freedoms of their residents in line with standards of international public law and European law. It is argued that the constitutional orders of Abkhazia and South Ossetia and the Donetsk/Lugansk Peoples’ Republics are distinguished by a few undeniable similarities and “sources of inspiration”. Furthermore, residents of these entities experience similar problems regarding protection of their fundamental rights and application of international conventions on human rights.

scholarly journals THE MECHANISMS OF INCREASING SOCIAL AND POLITICAL ACTIVITY OF CITIZENS IN THE PROCESS OF MODERNIZATION OF SOCIETY

2020 ◽  
pp. 59-60
Author(s):  
Akhmadjonov Olimjon
Keyword(s):  
Human Rights ◽  
Political Development ◽  
National Development ◽  
Political Life ◽  
Political Activity ◽  
World Community ◽  
The World ◽  
Protection Of Human Rights ◽  
The Republic ◽  
Further Development

“Society is the initiator of reforms” “Sh. M. Mirziyoyev” From year to year our life has developed, achieved great results and achievements in various spheres of social and political development, and has been strived for the highest level in the world community. At the same time, democratization and renewal of society, modernization and reforming of the country require particular attention as a priority in expanding the participation of the population in the socio-political life. Decree of the President of the Republic of Uzbekistan No. 4947 PD “On the Strategy of actions for further development of the Republic of Uzbekistan” of 7 February 2017, which has played an important role in the new stage of national development of Uzbekistan, democratization and liberalization of social and political life, protection of human rights and freedoms, state and the main directions of effective communication between the population, has been developed.

The Kenya National Commission on Human Rights under the 2010 Constitutional Dispensation

2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
National Commission ◽  
Bill Of Rights ◽  
Institutional Perspective ◽  
Post Conflict ◽  
National Human ◽  
The Status ◽  
Protection Of Human Rights

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.

Sign in / Sign up

Export Citation Format

Share Document