scholarly journals Policing Faces: The Present and Future of Intelligent Facial Surveillance

2021 ◽  
Author(s):  
Lachlan Urquhart ◽  
Diana Miranda
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
High Risk ◽  
Data Protection ◽  
Police Officers ◽  
Case Law ◽  
Legal Issues ◽  
Design Requirements ◽  
The Eu

In this paper, we discuss present and future uses of intelligent facial surveillance (IFS) in law enforcement. We do this through an empirical and legally focused case study of live automated facial recognition (LFR) in British policing. In Part I we analyse insights from 26 frontline police officers on LFR, exploring their concerns and scepticism about the technology. We contextualise this discussion on LFR deployment by examining current UK case law which raises concerns around human rights, data protection and anti-discrimination laws. In Part II, we turn our attention to future uses of IFS, examining frontline officer optimism around LFR when integrated with other surveillance technologies. We also discuss the emergence of new forms of IFS, namely emotional AI (EAI) technologies in law enforcement.We discuss how the law may impact this optimism and integration, by analysing the new EU Proposed AI Regulation (AIR). This law makes LFR a prohibited form of AI in the EU, whilst EAI use by law enforcement will be regulated as a high risk AI system (HRAIS), and thus subject to new rules and design requirements. Part III draws together our reflections on the legal issues and officer perspectives into a series of 10 lessons. These consolidate a set of practical issues weobserve in deploying LFR and EAI. It highlights points that need attention for any future law enforcement use of IFS.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

scholarly journals Clients, clinics and social justice

2018 ◽  
Vol 8 (3) ◽  
pp. 323-336 ◽  
Author(s):  
Robert Collinson ◽  
Alice Diver ◽  
Sharon McAvoy
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Case Law ◽  
Legal Practice ◽  
Law Schools ◽  
Legal Ethics ◽  
Global Compact ◽  
Un Global Compact ◽  
Content Type

PurposeThe purpose of this paper is to present a case study of an innovative, three-module pathway designed by the Department of Law and Criminology at Edge Hill University (England) in 2014. In addition to supporting the work of its campus pro-bono law clinic, the first-two modules aim to enhance and evidence the legal skills of EHU’s undergraduate LLB students, to embed a deeper awareness of the (legal) ethics needed for sustainable legal practice (within PRME), and to highlight the increasing need for socially responsible advocates, able to defend the rights of marginalised, vulnerable clients.Design/methodology/approachThe critical analysis of the content and scope of an innovative, work-based learning LLB module pathway, which furthers the aim of the UN Global Compact and the PRME, and ties them firmly to socio-legal issues and advocacy involving recent jurisprudence.FindingsThe case law used within the modules, and the practical work of the students in the campus law clinic, are relevant to social justice issues and to the promotion of PRME values—they promote awareness of human rights principles, highlight the importance of access to legal services and provide students with knowledge of legal ethics. Enhanced employability skills flow from this.Research limitations/implicationsThis is a narrow case study but still provides a useful analysis of an innovative, PRME relevant module pathway. The model mirrors international trends in clinical legal education and also offers a template for other law schools keen to promote the concept of ethical, just legal practice.Practical implicationsThe paper posits that enhanced employability can flow from real world tasks such as advocacy for marginalised or disadvantaged groups and presents an exemplar for other law schools wishing to embed ethics/clinical law practice into their curriculum.Social implicationsThe paper highlights how the campus law clinic serves the public in a deprived region—it raises awareness of human rights and of social justice issues. It has the potential to feed into litigation on social welfare issues (housing, social security, child welfare, etc.).Originality/valueThe discussion of the human rights case law that is used in the Year 2 “bridging module” (which prepares students for working in the law clinic in their final year) is particularly relevant and is analysed in detail, highlighting how this module pathway is aimed at promoting PRME and UN Global Compact principles.

scholarly journals PROBLEMATIKA PENERAPAN PIDANA MATI DALAM KONTEKS PENEGAKAN HUKUM DI INDONESIA

2012 ◽  
Vol 1 (2) ◽  
pp. 207
Author(s):  
Slamet Tri Wahyudi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Death Penalty ◽  
Government Policy ◽  
Secondary Data ◽  
Legal Issues ◽  
Government Policies ◽  
Legal Certainty ◽  
The People ◽  
The Government

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law

scholarly journals The Conflict between the Principles of the National Identity of Member States and Values of European Union Such as Rule of Law, Respect for Human Rights and Liberal Democracy – Case Study of Hungary

2020 ◽  
Vol 20 (2) ◽  
pp. 159-173
Author(s):  
Kumush Suyunova
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Executive Power ◽  
Political Equality ◽  
Member States ◽  
Checks And Balances ◽  
Independent Judiciary ◽  
European Values ◽  
The Eu

Summary Human rights are indivisible. The EU holds resolute tone against the challenges of universal human rights. As an adequate method of governance the EU acknowledges the rule of law that encompasses transparent and reliable legal system, an independent judiciary, prevention of arbitrary executive power; legal egalitarianism and respect for rights and freedoms of individuals. The concept of democracy determines the values behind the governance of a country. Thus, the EU’s vision of democracy comprises several principles: political equality, representative and participative democracy, which include fair elections, separation of power, effective checks and balances. However, despite the EU’s efforts to promote human rights, rule of law and democracy, some member States are still lagging behind the overall positive achievement. Hungary, who pick up illiberal democracy over established European values, has become the focus of attention.

Employees' Protection

2018 ◽  
pp. 1133-1152
Author(s):  
Chrysi Chrysochou ◽  
Ioannis Iglezakis
Keyword(s):  
Data Protection ◽  
General Framework ◽  
Case Law ◽  
Legal Framework ◽  
Smart Devices ◽  
Dominant Position ◽  
Digital Workplace ◽  
Surveillance Technology ◽  
Workplace Surveillance

This chapter describes the conflict between employers' legitimate rights and employees' right to privacy and data protection as a result of the shift in workplace surveillance from a non-digital to a technologically advanced one. Section 1 describes the transition from non-digital workplace surveillance to an Internet-centred one, where “smart” devices are in a dominant position. Section 2 focuses on the legal framework (supranational and national legislation and case law) of workplace surveillance. In section 3, one case study regarding wearable technology and the law is carried out to prove that national and European legislation are not adequate to deal with all issues and ambiguities arising from the use of novel surveillance technology at work. The chapter concludes by noting that the adoption of sector specific legislation for employees' protection is necessary, but it would be incomplete without a general framework adopting modern instruments of data protection.

CHILD ABDUCTION: RECENT JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS

2015 ◽  
Vol 64 (1) ◽  
pp. 39-63 ◽  
Author(s):  
Paul Beaumont ◽  
Katarina Trimmings ◽  
Lara Walker ◽  
Jayne Holliday
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Recent Case ◽  
European Convention ◽  
Habitual Residence ◽  
Child Abduction ◽  
European Court ◽  
The Eu

AbstractThis article examines how the European Court of Human Rights has clarified its jurisprudence on how the 1980 Hague Child Abduction Convention Article 13 exceptions are to be applied in a manner that is consistent with Article 8 of the European Convention on Human Rights. It also analyses recent case law of the European Court of Human Rights on how the courts in the EU are to handle child abduction cases where the courts of the habitual residence have made use of their power under Article 11 of Brussels IIa.

scholarly journals Consultation of EU Immigration Databases for Law Enforcement Purposes: a Privacy and Data Protection Assessment

2020 ◽  
Vol 22 (2) ◽  
pp. 139-177
Author(s):  
Niovi Vavoula
Keyword(s):  
Information Systems ◽  
Law Enforcement ◽  
Data Protection ◽  
Personal Data ◽  
Private Life ◽  
The Past ◽  
European Court ◽  
The Eu ◽  
Third Country Nationals

Abstract Since the past three decades, an elaborate framework of EU-wide information systems processing the personal data of third-country nationals has emerged. The vast majority of these systems (VIS, Eurodac, EES, ETIAS) are conceptualised as multi-purpose tools, whereby their consultation for crime-related objectives is listed among their ancillary objectives. As a result, immigration records may be accessed by national law enforcement authorities and Europol for the purposes of fighting terrorism and other serious crimes under specified and limited conditions. Drawing from the relevant jurisprudence of the European Court, this article evaluates whether the EU rules on law enforcement access to EU immigration databases comply with the rights to respect for private life and protection of personal data, as enshrined in Article 7 and 8 of the EU Charter respectively. In addition, challenges posed by the forthcoming interoperability between databases are also examined.

„Sprawa Sahary Zachodniej” – znaczenie instytucji sądowych Unii Europejskiej dla stosowania mechanizmu ocen skutków ochrony praw człowieka w sferze stosunków handlowych z państwami trzecimi

2019 ◽  
Vol 1 ◽  
pp. 163-185 ◽  
Author(s):  
Katarzyna Szepelak
Keyword(s):  
Human Rights ◽  
Trade Agreements ◽  
Case Law ◽  
Western Sahara ◽  
Good Practices ◽  
Trade Relations ◽  
The Third ◽  
The People ◽  
Practical Analysis ◽  
The Eu

Article presents the problem of applying human rights impact assessments by the EU institutions in the trade relations with the third countries and influence of case-law of judiciary institutions of European Union on the development of said instrument. For that purpose instrument of human rights impact assessments was presented along with the good practices regarding normative scope of assessments and desired methodology. Practical analysis of the instrument’s application were exemplified by the description of the EU-Morocco trade agreements influence on human rights of the people of Western Sahara. For that purpose author elaborates on the landmark case-law of the ECJ and EU GC in case of Front Polisario and examines the documents issued in the process of negotiation of the new trade deal within the EU and the Kingdom of Morocco.

The Area of Freedom, Security and Justice in the Light of the EU Accession to the ECHR—Is the Break-up Inevitable?

2013 ◽  
Vol 15 ◽  
pp. 227-254
Author(s):  
Alexander Kornezov
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Judicial Control ◽  
European Arrest Warrant ◽  
Common European Asylum System ◽  
Core Elements ◽  
Recognition And Enforcement ◽  
The Common ◽  
The Eu

AbstractEven though the decision to accede to the European Convention on Human Rights and Fundamental Freedoms (ECHR) is a fait accompli, the terms under which the accession should take place are still very much open to debate. The present chapter focuses specifically on the possible tensions which may arise in the aftermath of the EU’s accession to the ECHR in four of the core elements of the EU area of freedom, security and justice (AFSJ): recognition and enforcement of judgments in civil and commercial matters, wrongful removal or retention of a child, the Common European Asylum System and the European Arrest Warrant. It then puts forward a number of solutions which could be included either in the accession agreement itself or in the post-accession case law of the ECtHR and which allow not only for the preservation of the coherence and integrity of the AFSJ but also for external judicial control on human rights matters in the AFSJ.

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