COVID-19 Response and Human Rights - Comments From the German and European Perspective

Author(s):  
Thomas Schmitz
Author(s):  
Janne Rothmar Herrmann

This chapter discusses the right to avoid procreation and the regulation of pregnancy from a European perspective. The legal basis for a right to avoid procreation can be said to fall within the scope of several provisions of the European Convention on Human Rights (ECHR), an instrument that is binding for all European countries. Here, Article 12 of the ECHR gives men and women of marriageable age the right to marry and found a family in accordance with the national laws governing this right. However, Article 12 protects some elements of the right not to procreate, but for couples only. The lack of common European consensus in this area highlights how matters relating to the right to decide on the number and spacing of children touch on aspects that differ from country to country even in what could appear to be a homogenous region. In fact, the cultural, moral, and historical milieus that surround these rights differ considerably with diverse national perceptions of the role of the family, gender equality, religious and moral obligations, and so on.


1989 ◽  
Vol 23 (1) ◽  
pp. 26-33
Author(s):  
Tamäs Földesi

To create a state-theory that can answer the social problems of today, to break away from the theses that merely interpret the classics – as the sciences dealing with the economy managed to do during the past 15–20 years – is the main task of social sciences dealing with the theoretical issues of the state these days. If they fail to do so, their work will be forced to the periphery of the social movements, will not be able to assist the processes of society. It is my conviction that this is a vast responsibility of the social sciences in our age.


2008 ◽  
Vol 17 (3) ◽  
pp. 245-254 ◽  
Author(s):  
Genevra Richardson

2020 ◽  

Gerhard Robbers is one of the most distinguished scholars in the field of constitutional law on religion in Europe. At the same time, he dedicates himself to several other legal topics. On the occasion of his 70th birthday and in order to honour him as teacher, scholar and practitioner, the “Festschrift” brings together contributions covering his fields of work: State and religion, fundamental questions of state government, constitutional law, European Union law, fundamental and human rights as well as legal policy. The 61 contributions are written in German and English, and address both basic as well as highly topical legal problems. The “Festschrift” has a clear focus on State and religion from a national, comparative and European perspective. This way, it constitutes one of the most comprehensive works in this broad field of law. With contributions by Arnd Arnold, Sima Avramović, Johannes Barrot, Frauke Bronsema, Peter Bülow, Engin Ciftci, Sabine Dahm, Kerstin von der Decken, Franz Dorn, Horst Ehmann, Achilles C. Emilianides, Arndt Faatz, Silvio Ferrari, Lars Friedner, Angelika Günzel, Christian Heitsch, Reinhard Hendler, Ansgar Hense, Mark Hill, Ekkehard Hofmann, Alexander Hollerbach, Friedhelm Hufen, Iván C. Ibán, Christina Ioannou, Blaž Ivanc, Siegfried Jutzi, Urs Kindhäuser, Merilin Kiviorg, Matti Kotiranta, Volker Krey, Javier Martínez-Torrón, María Concepción Medina González, Francis Messner, Andreas Mühling, Hans-Friedrich Müller, Eckhard Nagel, Lina Papadopoulou, Christian Pernhorst, Richard Potz, Alexander Proelß, Matthias Pulte, Thomas Raab, Michael Rahe, Thierry Rambaud, Miguel Rodríguez Blanco, Martell Rotermundt, Matthias Ruffert, Thomas Rüfner, Michał Rynkowski, Balázs Schanda, Meinhard Schröder, Harald Schroeter-Wittke, Gábor Spuller, Henning Tappe, Emanuel Tavala, Rik Torfs, Antje von Ungern-Sternberg, Heinrich de Wall, Karin von Welck, Joachim Wieland, Michael Wiener, Wolfgang Wieshaider and Arne Ziekow.


2014 ◽  
Vol 39 (1) ◽  
pp. 41-94
Author(s):  
Åse B. Grødeland

This article investigates the perceptions of legal insiders (i.e., those working professionally with law) and legal outsiders (i.e., those affected by law) of European supranational courts in general, and the European Court of Human Rights (ECtHR) in particular. Drawing on largescale qualitative and quantitative data collected in Norway, UK, Poland, Bulgaria and Ukraine, the article shows that support for such courts is widespread across Europe—though less so in the UK than elsewhere. Support is predominantly ‘informed’ by practical considerations of usefulness rather than by ideology. Our data suggest that national legal cultures are highly responsive to ECtHR case law as a legal transfer. This, in turn, has implications for the debate on the legitimacy of the ECtHR and, thus, also for its future.


Global Jurist ◽  
2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Davide Galliani

AbstractLife Imprisonment, unlike the death penalty, does not attract the attention of the doctrine. There are, however, significant developments in the European Court of Human Rights case law. In this paper, using a comparative methodology, we highlight the standard that, at international level, allows to consider Life Imprisonment compatible with human dignity-that is the right to a substantial judicial review. It is no longer acceptable that the ‘last word’ on the lifers’ early release is still entrusted to political power.


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