scholarly journals POSSIBILITY OF RATIFICATION BY UKRAINE OF THE CONVENTIONFOR THE PROTECTION OF HUMAN RIGHTS AND DIGNITY OF HUMAN BEING WITH REGARD TO THE APPLICATION OF BIOLOGY AND MEDICINE: PROS AND CONS

Medicne pravo ◽  
2021 ◽  
pp. 19-27
Author(s):  
Oksana Yuriyivna Harasymiv
Keyword(s):  
Human Rights ◽  
Human Being ◽  
National Legislation ◽  
European Court ◽  
Protection Of Human Rights ◽  
Pros And Cons ◽  
Advisory Opinions

The article analyzes pros and cons for the ratification of the Con- vention for the protection of human rights and dignity of human being with regard to the application of biology and medicine by Ukraine. It outlines that the ratification of this Convention will further expand the human rights and freedoms safeguards in the field of biomedical trials. The possibility of appealing to the European Court of Human Rights for advisory opinions on the basis of the Convention for the protection of human rights and dignity of human being with regard to the application of biology and medicine has been highlighted. It has been emphasized that such ratification can be possible for Ukraine only in case of bringing the national legislation into line with the requirements of said Convention.

CONCERNING TO THE LEGAL NATURE AND IMPORTANCE OF THE ADVISORY OPINIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS

2017 ◽  
Author(s):  
Artem Ivanov ◽  
◽  
Eliza Shyhapova ◽  
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Primary Sources ◽  
Advisory Opinion ◽  
Council Of Europe ◽  
General Importance ◽  
European Court ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
Advisory Opinions

This article is devoted to clarify the significance of the advisory opinions of the European Court of Human Rights as a recently improved institution. Thus, according to Article 1 of Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms, the highest judicial institutions of the High Contracting Party, as defined in accordance with Art. 10 may apply to the Court for advisory opinions on matters of principle concerning the interpretation or application of the rights and freedoms defined by the Convention or its protocols. Considering the fact that only two advisory opinions on the appeal of the member states of the Council of Europe have been published on the official website of the court, this topic is a new subject for research and requires a systematic study. Allowing states to seek advisory opinions was driven by the need to ease the burden on the European Court of Human Rights. However, given the novelty of the improved institute, this statement is still controversial. The article offers its own conclusions regarding the significance of the advisory opinions in the activities of the European Court, provides a view on the legal nature of this legal institution in the internal legal order of Ukraine. This was achieved by defining the essence of such a mechanism, analyzing primary sources from the official website of the court, statistical data on the functioning of the institution, and generalizing national legislation to determine the legal nature. Thus, although Ukraine has ratified Protocol No. 16, however, the legal status of such advisory opinions has not been determined. In this connection, it is proposed to amend a number of legislative acts, in particular, to article 17 of the Law of Ukraine "On the implementation and application of the practice of the European Court of Human Rights", which should be supplemented with the rule on the legal force of the advisory opinion of the European Court of Human Rights. According to the general importance of such an institution, it seems reasonable to hope for a decrease in the number of decisions that would contradict the practice of the European Court of Human Rights, and, accordingly, a decrease in the grounds for filing applications.

Effizienterer Menschenrechtsschutz durch Vorabbefassung des Europäischen Gerichtshofs für Menschenrechte?

2019 ◽  
Vol 102 (3) ◽  
pp. 253-274
Author(s):  
Thomas Klein ◽  
Katrin Treppschuh
Keyword(s):  
Human Rights ◽  
European Convention ◽  
German Government ◽  
Human Rights Protection ◽  
Constitutional Protection ◽  
Rights Protection ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Moment ◽  
Advisory Opinions

Protocol No. 16 to the European Convention on Human Rights (ECHR), which came into force in August 2018, enables the member States to request the European Court of Human Rights to give advisory opinions on questions of principle relating to the interpretation and application of the rights and freedoms defined in the Convention and the Protocols thereto. The German Government does not consider it necessary to sign and ratify Protocol No. 16 at the moment referring to the well-developed constitutional protection of Human rights in Germany. This article critically assesses this view and argues that the possibility to apply to the Court for advisory opinions can contribute to making Human rights protection in Germany more effective.

2 Organization, Personnel, and Procedure

2020 ◽  
Author(s):  
Nussberger Angelika
Keyword(s):  
Human Rights ◽  
Fine Tuning ◽  
Original Version ◽  
European Convention ◽  
Member States ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Set Up ◽  
Advisory Opinions

This chapter discusses the organization, personnel, and procedures of the European Court of Human Rights (ECtHR), frequently referred to as the Strasbourg Court. The Member States are the masterminds for setting the framework of the Court’s organization, procedure, and personnel. The rules laid down in the original version of the European Convention on Human Rights (ECHR) in 1950 underwent substantial reform when the permanent Court was established in 1998 on the basis of Protocol No 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms. The framework has been further modified by important additional protocols, especially Protocol No 14 allowing ‘single judges’ to adopt binding decisions, and Protocol No 16 introducing advisory opinions in addition to adversary procedures. However, not only the Member States make the rules. The Court itself has an important say in adapting the general set-up to its practical needs and in fine-tuning the regulations.

scholarly journals Normative Provision of the Right to Liberty and Integrity of the Person in the Light of International and National Legislation

2020 ◽  
Vol 90 (3) ◽  
pp. 93-101
Author(s):  
В. В. Абламська
Keyword(s):  
Human Rights ◽  
Member State ◽  
International Treaty ◽  
National Legislation ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Points Of View ◽  
The Right ◽  
Legal Mechanism

The normative provision of the right to liberty and integrity of the person in the light of international and national legislation has been studied. The provisions of generally recognized international legal acts guaranteeing the right to liberty and integrity of the person have been provided. At the same time, there are also convention regulations, which provide cases of possible restriction of the researched right, and we note that such a right is not absolute in this regard. It has been determined that the norms of the Constitution of Ukraine, which regulate the right to liberty and integrity of the person, comply with international legal acts. Particular attention has been paid to the analysis of the decisions of the European Court of Human Rights, which emphasize the importance of this right, especially in the context of interpreting the requirements of the Art.. 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. In this regard, it has been emphasized that any restriction of the right to liberty and integrity of the person must comply with the provisions of paragraph 1 of the Art. 5 of the said Convention and in no case go beyond its limits, i.e. to be consistent with its purposes (objective). In case of the violation of this right, a person can apply for the protection of his violated rights to the European Court of Human Rights. Taking into account scientific points of view, analysis of the relevant provisions of international and legal acts and national legislation, the author has clarified that the right to liberty and integrity of the person is a natural, inalienable and fundamental right of every human being. In this regard, each Member State, having ratified an international treaty guaranteeing the right to liberty and integrity of the person, is obliged to establish an effective legal mechanism for the protection of such a right in national law.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

Rola uzasadnienia sądowego w realizacji prawa do rzetelnego procesu sądowoadministracyjnego– standard strasburski

2014 ◽  
pp. 13-31
Author(s):  
Katarzyna Grzelak-Bach
Keyword(s):  
Human Rights ◽  
Legal Reasoning ◽  
Case Law ◽  
Legal Order ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Proceedings ◽  
Court Proceedings ◽  
Basic Level

Following a brief introduction of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the author begins by analyzing case law from the European Court of Human Rights regarding the legal reasoning in judicial proceedings. The main premise of this paper is to present a formula for preparing legal reasoning in administrative court proceedings. The author draws attention to the role of judges who, in the process of adjudication, should apply creative interpretation of the rules of law, when they see errors or omissions in legislative provisions, or blatant violations of the European legal order. The conclusion of those deliberations finds, that the process of tailoring the approach to meet Strasbourg’s requirements should, on a basic level, be at the discretion of judges rather than the legislators.

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