Zakaz dyskryminacji ze względu na orientację seksualną w powszechnym systemie ochrony praw człowieka

2016 ◽  
Vol 14 (4 (1)) ◽  
pp. 89-106 ◽  
Author(s):  
Anna Pudło
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Comparative Analysis ◽  
Case Law ◽  
Protection System ◽  
Universal System ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Universal Human Rights

The article essays to answer the question of what the nature of prohibition of discrimination on grounds of sexual orientation is in the universal system of human rights protection. In order to determine this, a comparative analysis of selected documents of universal human rights protection system was carried out, which – in the case law and doctrine – have been recognized as the key issue in the prohibition of discrimination on grounds of sexual orientation, along with reaching out to the provisions of some national constitutions.

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.

Context

2016 ◽  
Author(s):  
Necati Polat
Keyword(s):  
Human Rights ◽  
Regime Change ◽  
Protection System ◽  
Old Regime ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Government ◽  
Full Swing ◽  
Desperate Attempt

The overall domestic context following the full defeat of the old regime in Turkey, and the main contours of the Islamist (‘Islamo-nationalist’, Millî Görüş) populism now in full swing, are described in this chapter. The discussion looks into the mood in the pro-government circles, with some emphasis on the Islamist speculations on democracy—terrifying to the secular masses—and the effective rule by policy, rather than law, enabled by the growing cult of Erdogan. This chapter also describes the spectacular fall out between the government and the former allies, who strongly shared in the power through the new bureaucracy, the Gulen cult. One centrifugal factor detected in portraying the setting is the formal commitment to the human rights protection system in Europe, which, paradoxically, acquired greater intensity during the regime change in a desperate attempt on the part of the government to by-pass the former centres of power.

Introduction

2020 ◽  
pp. 1-23
Author(s):  
Ulrich Becker
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Financial Crisis ◽  
Detailed Analysis ◽  
Social Protection ◽  
Welfare States ◽  
Human Rights Protection ◽  
Eu Member States ◽  
Rights Protection ◽  
Different Dimensions

The chapter introduces the aim of the book, its structure, and its relevance, including an overview of previously published works in the field. It emphasises a double-sided understanding of the constitution of welfare states by way of background to the book, which aims to provide, from a comparative perspective, a detailed analysis of crisis-driven changes in the nine EU Member States that were particularly affected by the financial crisis. As a basis for the subsequent country reports and comparative analysis, this introduction explains different forms and functions of social protection and different dimensions and levels of human rights protection, as well as detailing the time and place of investigation.

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.

O SURGIMENTO DO TRIBUNAL PENAL INTERNACIONAL COMO UMA DECORRÊNCIA DO NEOCONSTITUCIONALISMO E DE SUA PROPOSTA DE PROTEÇÃO AOS DIREITOS HUMANOS UNIVERSAISTHE EMERGENCE OF THE INTERNATIONAL CRIMINAL COURT AS A RESULT OF THE NEOCONSTITUTIONALISM AND ITS PROPOSAL FOR UNIVERSAL HUMAN RIGHTS’ PROTECTION

2016 ◽  
Vol 5 (9) ◽  
Author(s):  
Artemis Cardoso Holmes (Universidade Nova de Lisboa)
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Universal Human Rights

Neste artigo pretende-se demonstrar que o Neoconstitucionalismo, ao priorizar os princípios em detrimento das normas positivadas e eleger os direitos humanos como lastro de validade das leis, contribuiu para o desenvolvimento da jurisdição internacional, fato que possibilitou a instituição do Tribunal Penal Internacional.

1. History

2017 ◽  
Author(s):  
Ed Bates
Keyword(s):  
Eighteenth Century ◽  
Human Rights ◽  
International Law ◽  
Historical Development ◽  
Second World War ◽  
World War ◽  
Universal System ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Second World

This chapter traces the historical development of the concept of human rights and their status in international law. It first discusses human rights on the domestic plane, focusing on the key developments since the late eighteenth century, and then examines international law from the perspective of human rights over the period up to the Second World War. Finally, the chapter considers the efforts to create a universal system of human rights protection in the 1940s, culminating with the proclamation of the Universal Declaration of Human Rights in 1948.

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