scholarly journals Precautionary proportionality principle as an instrumental preventive measure from the COVID-19: Can European human rights survive in the state of public health emergency?

2021 ◽  
pp. 117-143
Author(s):  
Jizeng Fan ◽  
Yuhong Wang
Keyword(s):  
Human Rights ◽  
Preventive Measure ◽  
Public Health Emergency ◽  
International Human Rights ◽  
Public Authorities ◽  
European Public ◽  
Normative Requirements ◽  
Judicial Scrutiny ◽  
Proportionality Principle ◽  
Innovative Concept

The authors believe that the C. Schmitt’s notion of unconstraint sovereignty is not flawless. Both A. Dicey’s theory of British constitutional law and the international human rights instruments have required the measures of the derogation of human rights must be given in accordance with proportionality principle. However, these normative requirements have hardly been applied to the judicial scrutiny by the two supranational courts in Europe. Correspondingly, some European public authorities favour the more radical precautionary principle. Although this principle is more effective in suppressing the new coronavirus, it is associated with numerous side effects. Thus, the authors propose in this article an innovative concept of precautionary proportionality principle.

scholarly journals Limited Tendering – A Barrier to Get the Best Value for Money or Effective Solution for Extraordinary Situations?

2020 ◽  
Vol 20 (2) ◽  
pp. 192-214
Author(s):  
Hana Kováčiková ◽  
Ondrej Blažo
Keyword(s):  
Human Rights ◽  
Public Procurement ◽  
Effective Solution ◽  
Value For Money ◽  
International Human Rights ◽  
Public Authorities ◽  
A Value ◽  
Best Value ◽  
International Human

Summary A public procurement should be an effective tool through which public authorities shall spend public finances sparingly. With modernisation of this area of law in 2014, a new concept of bids evaluation came forward – a value for money. Now it is more important than any time before to ensure fair tenders to be submitted during the procurement. It is a well-known fact, that only a true competition between the bidders decreases the prices and raises the quality of their bids. But how contracting authorities deal with these goals while procuring without competition? This article analyses limited tendering with focus on extreme urgency. Authors try to give an answer to the question, which attribute of this procedure prevails – its flexible use in extraordinary situations or its interfering effect to value for money achievement.which makes Slovakia open to severe criticism from international human rights bodies.

Grading Scale of Degradation: Identifying the Threshold of Degrading Treatment or Punishment under Article 3 ECHR

2003 ◽  
Vol 21 (3) ◽  
pp. 385-421 ◽  
Author(s):  
Yutaka Arai-Yokoi
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Public Order ◽  
International Human Rights ◽  
European Public ◽  
Grading Scale ◽  
Degrading Treatment ◽  
International Human ◽  
The Rich ◽  
Constitutional System

Among international human rights instruments, the rich jurisprudence on Article 3 of the European Convention on Human Rights (ECHR) has yielded meaningful and workable principles for defining the normative parameter of freedom from torture and other forms of maltreatment. While identification of torture has been limited to a small number of straightforward cases of assault giving rise to physical and mental anguish of an especially aggravated character, the overwhelming majority of cases raised under Article 3 have related to degrading or inhuman treatment or punishment. By focusing upon threshold cases involving freedom from degrading treatment or punishment, the least serious absolute right under Article 3, this article seeks to delineate the boundaries of the effective guarantee provided by this absolute right in the Strasbourg organs judicial policy. The examination suggests an encouraging sign that the Strasbourg organs have funnelled considerable vigour and creativity into their law-making policy, elaborating on the most succinct provision in the ECHR. They have capitalised on the graduating scale of degrading treatment so as to diversify the protective scope of Article 3, in a continued search for progressive European public order. They have supplied to individual victims a horizon of possible arguments, which can unfold along lines conducive to the shaping and restructuring of the emerging European constitutional system.

Multiparty Democracy: International and European Human Rights Law Perspectives

2010 ◽  
Vol 23 (1) ◽  
pp. 209-240 ◽  
Author(s):  
JURE VIDMAR
Keyword(s):  
Human Rights ◽  
Cold War ◽  
European Convention ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Post Cold War ◽  
European Court ◽  
European Public ◽  
International Human

AbstractAlthough multiparty elections are not explicitly required by international human rights instruments or the European Convention on Human Rights (ECHR), certain human rights provisions have been interpreted as leading to such a requirement. While a democratic interpretation of human rights law has been settled in the ECHR framework, it remains disputable at the universal level. Despite numerous references to democracy in the documents adopted in the UN framework in the post-Cold War era, this article argues that an explicit link between international human rights law and multiparty elections has yet to be established. On the other hand, such a link has been developed by the European Court of Human Rights (ECtHR). Multiparty elections are considered to be part of the European public order. Moreover, the ECtHR has shown that it understands democracy beyond the existence of electoral procedures. But the role and understanding of democracy within the ECHR cannot be universalized.

Step Forward, or Forever Hold Your Peace: Penalising Forced Marriages in the Netherlands

2012 ◽  
Vol 30 (4) ◽  
pp. 446-471 ◽  
Author(s):  
Renée Kool
Keyword(s):  
Human Rights ◽  
Cultural Practices ◽  
Political Agenda ◽  
Dutch Government ◽  
Human Rights Law ◽  
Public Authorities ◽  
European Public ◽  
Legal Nature ◽  
Diversity Issues ◽  
And Gender

Being confronted with the import of formerly unknown cultural practices, the European public authorities are expected to set clear public standards regarding the alleged harmful nature of such practices. The adopted solutions are often of a legal nature, using the law as a vehicle to frame certain social behaviour as socially unacceptable. One of the practices that have been subject to framing in terms of law and gender are what is commonly referred to as forced marriages. Calling upon human rights law, Europe's policy is in favour of penalization of forced marriages. However, such an appeal holds the risk of strategically misuse of human rights law for political benefit. Next to a clear risk penalisation being symbolic, diversity issues bear within a risk of xenophobia. Thus penalisation of diversity issues needs to be analysed scrupulously. This paper addresses the issue of the penalisation of forced marriages in Europe, with special attention paid to a draft law recently submitted by the Dutch government, addressing the issue which actors and factors have contributed forced marriages being put on the European and Dutch political agenda.

Universal declaration of human rights as a source of universal international legal standards of human rights

2020 ◽  
pp. 36-42
Author(s):  
Uliana Kuzenko
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Universal Declaration ◽  
Human Being ◽  
Legal Basis ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Standards ◽  
International Human

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.

Sign in / Sign up

Export Citation Format

Share Document