scholarly journals Suživot negatorijske zaštite od imisija i prava na život u zdravoj životnoj sredini

2018 ◽  
Vol 39 (1) ◽  
pp. 241-268 ◽  
Author(s):  
Gabrijela Mihelčić ◽  
Maša Marochini Zrinski
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Causal Link ◽  
Minimum Level ◽  
Healthy Environment ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right ◽  
Domestic Regulation

The authors analyse the national protection from emissions, in the first place, a property law component of this regime. Domestic regulation of the protection of property rights from harassment was brought in the perspective of the protection that the European Court of Human Rights provides for the right to live in a healthy environment, primarily through the protection of rights under Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (right to respect for private and family life and home). In the context of the latter, the authors have analysed the interpretative methods used by the European Court and explored the following features: the requirement that environmental and environmental impacts and disturbances violate the Convention right, that is, the existence of a specific Convention causal link; the category of minimum level of severity; oscillation of the "quantum" of minimum level of severity within conventional "fluctuations"; and the scope (and type) of protecting the right to live in a healthy environment through the paradigm of the positive / negative obligations of the Contracting States.

scholarly journals The environmental right in the system of the Convention for the Protection of Human Rights and Fundamental Freedoms – selected aspects

2020 ◽  
Vol 31 (4) ◽  
pp. 1-7
Author(s):  
Anna Dąbrowska
Keyword(s):  
Human Rights ◽  
Family Life ◽  
European Convention ◽  
Council Of Europe ◽  
Environmental Rights ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
A Charge ◽  
The Right

Abstract This paper aims to discuss the place of environmental right in the system of the 1950 European Convention – a fundamental Council of Europe treaty on protection of human rights. Interestingly, it does not explicitly guarantee the environmental right, it needs to be determined; therefore, if individuals can cite violations of this right in their complaints to the European Court of Human Rights – the authority guarding obedience to the European Convention. Analysis of the Strasbourg decisions implies the environmental right can be applied to highly diverse situations. In practice, complainants cite its infringements in connection with violations of the right to private and family life as incorporated in Article 8 of the European Convention. This does not mean, however, every time a complainant cites Article 8 of the European Convention to accuse a state of breaching their environmental rights, the European Court is going to accept such a charge.

scholarly journals The environmental right in the system of the Convention for the Protection of Human Rights and Fundamental Freedoms – selected aspects

2020 ◽  
Vol 31 (4) ◽  
pp. 1-7
Author(s):  
Anna Dąbrowska
Keyword(s):  
Human Rights ◽  
Family Life ◽  
European Convention ◽  
Council Of Europe ◽  
Environmental Rights ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
A Charge ◽  
The Right

Abstract This paper aims to discuss the place of environmental right in the system of the 1950 European Convention – a fundamental Council of Europe treaty on protection of human rights. Interestingly, it does not explicitly guarantee the environmental right, it needs to be determined; therefore, if individuals can cite violations of this right in their complaints to the European Court of Human Rights – the authority guarding obedience to the European Convention. Analysis of the Strasbourg decisions implies the environmental right can be applied to highly diverse situations. In practice, complainants cite its infringements in connection with violations of the right to private and family life as incorporated in Article 8 of the European Convention. This does not mean, however, every time a complainant cites Article 8 of the European Convention to accuse a state of breaching their environmental rights, the European Court is going to accept such a charge.

Battles Over Symbols: The “Religion” of the Minority Versus the “Culture” of the Majority

2013 ◽  
Vol 28 (1) ◽  
pp. 67-104 ◽  
Author(s):  
Lori G. Beaman
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Religious Symbol ◽  
Anti Semitism ◽  
European Tradition ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Grand Chamber ◽  
The Right

Moreover, with the benefit of hindsight, it is easy to identify in the constant central core of Christian faith, despite the inquisition, despite anti-Semitism and despite the crusades, the principles of human dignity, tolerance and freedom, including religious freedom, and therefore, in the last analysis, the foundations of the secular State.A European court should not be called upon to bankrupt centuries of European tradition. No court, certainly not this Court, should rob the Italians of part of their cultural personality.In March, 2011, after five years of working its way through various levels of national and European courts, the Grand Chamber of the European Court of Human Rights decided that a crucifix hanging at the front of a classroom did not violate the right to religious freedom under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Specifically, Ms. Soile Lautsi had complained that the presence of the crucifix violated her and her children's right to religious freedom and that its presence amounted to an enforced religious regime. The Grand Chamber, reversing the lower Chamber's decision, held that while admittedly a religious symbol, the crucifix also represented the cultural heritage of Italians.

Does Self-isolation Violate the Right to Liberty? An Analysis of the European Court of Human Rights’ Practice in Light of the Ukrainian Experience

2020 ◽  
Vol 27 (4) ◽  
pp. 368-385
Author(s):  
Yana Litins’ka ◽  
Oleksandra Karpenko
Keyword(s):  
Human Rights ◽  
Stress Test ◽  
European Convention ◽  
Legal Systems ◽  
Human Rights Practice ◽  
Rapid Action ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right

Abstract COVID-19 became a stress-test for many legal systems because it required that a balance be found between rapid action to prevent the spread of the disease, and continued respect for human rights. Many states in Europe, including Ukraine, chose to enforce an obligation to self-isolate. In this article we review what the obligation to self-isolate entails in the case of Ukraine. We also analyse whether such an obligation should be viewed as a deprivation or a mere restriction of liberty, and if it is permissible under the European Convention for the Protection of Human Rights and Fundamental Freedoms.

The European Court of Human Rights: Sabeh El Leil v. France

2012 ◽  
Vol 51 (1) ◽  
pp. 1-16
Author(s):  
Gilles Cuniberti
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
Sovereign Immunity ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right ◽  
Wrongful Dismissal

In Sabeh el Leil v. France, the European Court of Human Rights (‘‘ECtHR’’ or ‘‘the Court’’) ruled for the second time that a contracting state had violated the right to a fair trial afforded by Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘‘Convention’’) by denying access to its courts to an embassy employee suing for wrongful dismissal on the grounds that the employer enjoyed sovereign immunity. The ECtHR had first ruled so a year earlier in Cudak v. Lithuania, where the plaintiff was also an embassy employee.

scholarly journals Reflection of Decisions of the European Court of Human Rights on Impartiality and Independence of National Courts in Context of the Right to a Fair Trial

2021 ◽  
Vol 5 (1) ◽  
pp. 67-90
Author(s):  
Alla Demyda
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
National Courts ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Principles Of Justice ◽  
The Right

The article focuses on the principle of impartiality and independence of judiciary as a part of the right to a fair trial according to Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, an account will be taken of the case law of the European Court of Human Rights in matters of applications from national judges. The article considers the reflection of the decision of the European Court of Human Rights on the amendment of national legislations and the amendment of the provisions of the national constitutions regarding the principles of justice.

scholarly journals Study of the case law of the European Court of Human Rights in criminal law matters

2007 ◽  
Vol 79 (9) ◽  
pp. 371-395
Author(s):  
Momčilo Grubač
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Procedural Law ◽  
Inadmissible Evidence ◽  
European Court ◽  
Ne Bis In Idem ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Case Files ◽  
The Right

This study includes certain number of decisions of the European Court of Human Rights that relate to the criminal procedural matters, primarily those constituting the right to a fair trial provided in Article 6 of the Convention for Protection of Human Rights and Fundamental Freedoms. These decisions were analyzed and interpreted in order to establish the practice of the Court in these procedural matters and to enable us to evaluate whether domestic criminal procedural law and its application are in line with this practice. The author dealt with the issues of prohibition to institute legal action twice for the same cause of action (ne bis in idem), immunities and privileges, right to court access, exclusion of inadmissible evidence from the criminal case files, right to the impartial court and right of defense to call and interrogate witnesses.

scholarly journals Freedom of expression and reputation protection in the European Court of Human Rights practice.

2021 ◽  
Vol 3 (3) ◽  
pp. 39-44
Author(s):  
Andriy Kuchuk
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Private Life ◽  
Clear Understanding ◽  
Human Rights Practice ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right

The article is devoted to the issue of understanding freedom of expression and reputation protection by the European Court of Human Rights. New opportunities to exercise the right to freedom of expression arise and opportunities to implement the right to freedom of expression as well as the possibilities for defamation increase within a democratic and information society. It is emphasized that within a law-based state guarantees provided to the press are of particular importance, as the media should disseminate information and ideas of public interest, and the public has the right to receive such information and ideas. A clear understanding of the content of the right to freedom of expression and the right to reputation protection is the basis for resolving the issue of finding a balance between them, which designates the relevance of the study. The paper elucidates the results of the European Court of Human Rights decisions analysis under Articles 8 and 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the right to privacy and the right to freedom of expression). Emphasis is placed on the various features of these rights and the peculiarities of their implementation in different circumstances. It is pointed out that the domestic judicial system actively uses the European Court of Human Rights practice in resolving cases related to reputation protection. Attention is placed on the fact that freedom of expression does not extend to hate speech. The spread of the right to reputation protection as for defamation of family members and relatives is analyzed. Emphasis is placed on the dynamic approach of the European Court of Human Rights towards the interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms. Even before the beginning of 2000, the European Court of Human Rights noted that the protection of reputation does not fall under the protection of the Convention for the Protection of Human Rights and Fundamental Freedoms. The study describes the genesis of the positions of the European Court of Human Rights on a person’s reputation protection. It is stated that a person’s right to protection of his or her reputation is covered by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms as part of the right to respect for private life (provided that causing considerable damage to reputation if it affects a person’s private life).

Environment protection and Human Rights: The urban environment in International Courts of Human Rights

2021 ◽  
Vol 23 (130) ◽  
pp. 292-315
Author(s):  
Mariane Morato Stival ◽  
Sandro Dutra e Silva
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Urban Environment ◽  
Urban Context ◽  
Healthy Environment ◽  
Regional Systems ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right

This article is about the relation between environmental protection and human rights. The right to healthy environment is directly related to the right to life, in its meaning quality of life. The right to the environment has been analyzed in an indirect and reflexive way in regional systems for the protection of human rights. The purpose of this study is to analyze the right to the urban environment in the jurisprudence of the Inter-American and European human Rights Systems. In the methodological context, the analysis will be made of the theory and international legislation of these regional systems on the environment, the jurisprudence analysis of the Inter-American Court of Human Rights, and the European Court of Human Rights on the urban environment. Possible contributions will be made by the European Court to the Inter-American Court of Human Rights for the extension of environmental protection in the urban context.

scholarly journals The development of protections for the right to marry guaranteed by Article 12 of the European Convention for the Protection of Human Rights and Fundamental Freedoms

2021 ◽  
Vol 93 (2) ◽  
pp. 510-525
Author(s):  
Jovana Vojvodić
Keyword(s):  
Human Rights ◽  
21St Century ◽  
European Convention ◽  
Marriage And Family ◽  
International Understanding ◽  
European Court ◽  
Fundamental Freedoms ◽  
Liberal Attitude ◽  
Protection Of Human Rights ◽  
The Right

Starting from the 21st century, the European Court of Human Rights has changed the approach regarding the interpretation of the right to marry protected under Article 12 of the European Convention on Human Rights. The new liberal attitude towards the content of this right has opened up opportunities for new categories of persons to enter into marriage and start a family. The question arises whether the European Court of Human Rights will continue with this trend of interpretation and what consequences that could cause for the international understanding of marriage and family.

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