scholarly journals Information Pollution in a Digital and Polarized World as a Challenge to Human Rights Protection – the Council of Europe’s Approach

2021 ◽  
Vol 46 (3) ◽  
pp. 7-26
Author(s):  
Alicja Jaskiernia
Keyword(s):  
Human Rights ◽  
Public Opinion ◽  
International Organizations ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Abusive Behaviour ◽  
The Right

Information pollution in a digitally connected and increasingly polarized world, the spread of disinformation campaigns aimed at shaping public opinion, trends of foreign electoral interference and manipulation, as well as abusive behaviour and the intensification of hate speech on the internet and social media are the phenomenon which concern international public opinion. These all represent a challenge for democracy, and in particular for the electoral processes affecting the right to freedom of expression, including the right to receive information, and the right to free elections. It is a growing international effort to deal with these problems. Among international organizations engaged to seek solutions is the Council of Europe (CoE). The author analyses CoE’s instruments, legally binding (as European Convention on Human Rights), as well of the character of “soft law”, especially resolution of the CoE’s Parliamentary Assembly 2326 (2020) Democracy hacked? How to respond? She exposes the need for better cooperation of international organizations and states’ authorities in this matter.

7. Freedom of religion and expression

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
European Convention ◽  
Freedom Of Religion ◽  
Essential Information ◽  
European Court ◽  
State Restriction ◽  
The Uk ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on freedom of religion and freedom of expression, which are classified as qualified rights, and examines Article 9 of the European Convention on Human Rights (ECHR), which explains the right to hold or not hold a belief as well as the right to manifest a belief. It also considers how the European Court of Human Rights (ECtHR) decides if there has been manifestation of belief, interpretation of Article 10 with respect to views that shock and disturb and some forms of hate speech, and state restriction of expression. The chapter concludes with a discussion of freedom of religion and expression in the UK.

scholarly journals The Legal Nature of the Child’s Right to Access Information and the Restriction Thereof to Protect a Child Against Information Detrimental to the Mental Health and Development of Minors

2021 ◽  
Vol 1 ◽  
pp. 27-30
Author(s):  
Olga Yu. Sitkova ◽  
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Of The Child ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
Access Information ◽  
The Right ◽  
Legal Mechanism

The article analyzes the norms of international acts in the field of human rights protection concerning the right to access information. The author of the article hypothesizes that the legal mechanism, which includes measures of coordinated interaction between the family and the state, best contributes to the implementation of measures to protect children from harmful information, combined with the preservation of the child’s right to access information. Within the framework of this direction, the article reveals the legal nature of the child’s right to access information. The article analyzes the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the UN Convention on the Rights of the Child and a number of other international acts in this area. The practice of the ECHR in cases related to the right to freedom of expression has been generalized, which made it possible to determine the legal essence of this right in the context of the provisions of the main international acts on the protection of human rights

The Right to Invoke Rights as a Limit to Sovereignty – Security Interests, State of Emergency and Review of un Sanctions by Domestic Courts under the European Convention of Human Rights

2017 ◽  
Vol 86 (3) ◽  
pp. 275-301 ◽  
Author(s):  
Stefan Kadelbach ◽  
David Roth-Isigkeit
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Public Security ◽  
State Of Emergency ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Independent Review ◽  
The Right

Recently, human rights law has been restricted increasingly by measures taken in the interest of public security. This raises the question whether there are limits in human rights protection that cannot be touched without questioning the very essence of individual rights protection itself. This article submits that the jurisprudence of the European Court of Human Rights (ECtHR) in cases dealing with the compatibility of measures taken in the public interest with the echr has defined such limits predominantly in terms of procedure. Accordingly, individuals must not be deprived of the right to independent review in the light of their fundamental rights. Thus, the Court has been developing what may be called a right to invoke rights, a procedural component underlying all guarantees of the Convention. This principle has been established and upheld in three different constellations: general measures for public security, states of emergencies and the implementation of un sanctions regimes.

scholarly journals Freedom through Online Education. Are We Safe Online?

2019 ◽  
Vol 8 (7) ◽  
pp. 69
Author(s):  
Kamila Danilovna Shaibakova
Keyword(s):  
Human Rights ◽  
Online Education ◽  
Freedom Of Expression ◽  
Human Rights Protection ◽  
The Public ◽  
Rights Protection ◽  
Transnational Companies ◽  
Social Media Platforms ◽  
State Actor ◽  
The Right

The article shed light on a problem of freedom of expression through Online Education. Nowadays, the intermediaries such as Facebook, Google, Twitter, etc. play crucial role in educating people. Their policies in addition to the governmental regulations could seriously affect the human rights. The extraterritoriality and non-state actor status of transnational companies are also problems when considering violation of human rights as legally transnational corporations cannot violate rights as non-state actors and have no obligation towards people. In addition, fake news and trolley factories became a true problem that claimed to be able to affect even elections. Moreover, they could affect the right to know and receive information which constitutes a part of the general right to freedom of expression. However, as recent examples show, social media platforms knowingly keep fake information despite the public announcement of human rights commitments. In addition, while claiming the dedication to the human rights protection, business still more interested in profit. 

scholarly journals What Constitutes as Limitation of (Human) Rights in Indonesian Legal Context?

2018 ◽  
Vol 3 (3) ◽  
pp. 290
Author(s):  
Anbar Jayadi
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
European Convention ◽  
Constitutional Court ◽  
Political Rights ◽  
Human Rights Protection ◽  
The Right To Privacy ◽  
Legal Method ◽  
Legal Context ◽  
The Right

This article reviews the interpretation of the Constitutional Court (the Court) on the Article 28J paragraph (2) of the 1945 Constitution by looking into the rulings related to the Information and Electronic Transaction Law. These rulings are chosen because, in those rulings, tensions between individual and public interest are apparent. For example, the tension between the right to privacy and freedom of expression, and the tensions between freedom of expression and public order. The rulings that will be studied in this writing are Ruling No. 50/PUU-VI/2008, Ruling No. 2/PUU-VII/2009, Ruling No. 5/PUU-VIII/2010, Ruling No. 52/PUU-XI/2013, and Ruling No. 20/PUU-XIV/2016. In studying those rulings, this article use a legal method namely the interpretation of arguments, e.g. what are the arguments provided by the claimants in the case in relation to the Article 28J paragraph (2) of the 1945 Constitution and how does the Court responds to such arguments. Additionally, this writing will also compare the rulings to each other to portray the “variety” of interpretation by the Court over the time. Furthermore, this article will compare the Article 28J paragraph (2) of the 1945 Constitution and the Court’s interpretation of it to other standards of limitation in other human rights instruments such as European Convention on Human Rights (ECHR) and International Covenant on Civil and Political Rights (ICCPR) in order to depict what are the distinctive features of limitation of rights in Indonesian regime in comparison to other regimes. Last but not least, this article analyze what are the lesson learned from studying the Court’s interpretation and the possible consequence of such interpretation to the human rights protection in Indonesia.

Oddziaływanie doktryny marginesu uznania na rozstrzyganie konfliktu pomiędzy wolnością wypowiedzi a wolnością sumienia i wyznania w praktyce orzeczniczej Europejskiego Trybunału Praw Człowieka

2020 ◽  
pp. 83-98
Author(s):  
Hanna Wiczanowska
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Research Question ◽  
European Convention ◽  
Freedom Of Religion ◽  
Main Research ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Margin Of Appreciation

The aim of the paper hereto is to conduct analysis regarding the influence of the margin of appreciation doctrine on the solution of the collision between the freedom of expression and the freedom of religion within the Strasbourg system of human rights protection. The main research question focuses on the issue whether the margin of discretion equally affects both considered freedoms and how it impacts their conflict. The paper will rely on dogmatic analysis of the provisions of the European Convention on Human Rights and selected judgments of the European Court of Human Rights in relation to the collision of the aforesaid freedoms. In this article, the author will also implement the historic method. The main thesis of the article is the primacy of the freedom of religion which causes illegitimate limitation of the freedom of expression due to lack of uniform European consensus regarding the qualification of the blasphemous speeches which constitutes a threat for legal certainty.

scholarly journals Current challenges in the field of human rights protection during the covid-19 pandemic

2021 ◽  
pp. 61-64
Author(s):  
M.I. Saenko ◽  
V.V. Goloborodko ◽  
V.S. Pleskachova
Keyword(s):  
Human Rights ◽  
Public Transport ◽  
Emergency Situation ◽  
Case Law ◽  
European Convention ◽  
Public Buildings ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Right

In the articles on the problems of quarantine restrictions during the coronavirus pandemic, ambiguities are identified against epidemiological measures in the legislation of Ukraine. Emphasis is also placed on the violation of international acts ratified by Ukraine and the inconsistency of norms in national and international law. The normative legal acts of Ukraine are considered, which propose to allow restriction of certain rights and freedoms of man and citizen. The fundamental aspects of the right to protection from pressure on a person, enshrined in the European Convention on Human Rights during an emergency, have been identified. The key cases that provide an opportunity to derogate from an emergency situation under Article 15 of the European Convention on Human Rights are listed. Emphasis is placed on the ambiguity of the wording of the terms «public buildings», «public transport» in terms of violation of the rules on human quarantine, sanitary and hygienic, sanitary and anti-epidemic rules and regulations provided by the Law of Ukraine «On Protection of Infectious Diseases» and stay in public buildings, structures, public transport during quarantine without wearing personal protective equipment. An example from case law on the prescribed restrictions is given based on both interpretations of European and all-Ukrainian law. It was emphasized that the main act, which has the highest legal force on the territory of Ukraine, was violated in terms of freedom of movement, the right to hold rallies, the right to education and work. The normative legal act concerning restrictions within Ukraine in connection with the pandemic was analyzed, namely the Resolution of the Cabinet of Ministers of March 11, 2020 №211 “On prevention of the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV- 2 ”, as well as international experience in the protection of human rights during the COVID-19 pandemic.

scholarly journals Nagorno-Karabakh in the jurisprudence of the European Court of Human Rights

2021 ◽  
Vol 73 (1) ◽  
pp. 106-123
Author(s):  
Aleksa Nikolic
Keyword(s):  
Human Rights ◽  
Point Of View ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The People ◽  
European Court ◽  
European System ◽  
The Status ◽  
The Right

The paper analyses the conflict between Azerbaijan and Armenia over Nagorno-Karabakh from the point of view of the jurisprudence of the European Court of Human Rights (ECtHR) regarding the violation of human rights of the warring parties directly related to the disputed territory. The European system of human rights protection is one of the greatest European achievements in the field of law, especially if we keep in mind that its judgments are binding on the signatories of the European Convention on Human Rights and Freedoms (ECHR), thus giving it suprajudicial power. Through the analysis of two cases, Sargsyan vs Azerbaijan and Chiragov and others vs Armenia, the Court addressed some very interesting issues that may encourage different interpretations of the European Convention on Human Rights and Freedoms (ECHR), but also directly affect the resolution of the Nagorno-Karabakh conflict. In this regard, the analysis of the (non) existence of the right of the people of Nagorno- Karabakh to self-determination is especially interesting and significant. The author concludes that the ECtHR in its judgments has taken certain positions that may be of great importance in resolving the status of Nagorno-Karabakh before the international community and international organisations.

Introductory Note

2018 ◽  
Author(s):  
Guido Raimondi
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
Freedom Of Expression ◽  
European Convention ◽  
European Court ◽  
European Public ◽  
Introductory Note ◽  
Un Security Council ◽  
The Right ◽  
The Eu

This article comments on four important judgments given by the European Court of Human Rights in 2016. Al-Dulimi v. Switzerland addresses the issue of how, in the context of sanctions regimes created by the UN Security Council, European states should reconcile their obligations under the UN Charter with their obligations under the European Convention on Human Rights to respect the fundamentals of European public order. Baka v. Hungary concerns the separation of powers and judicial independence, in particular the need for procedural safeguards to protect judges against unjustified removal from office and to protect their legitimate exercise of freedom of expression. Magyar Helsinki Bizottság v. Hungary is a judgment on the interpretation of the Convention, featuring a review of the “living instrument” approach. Avotiņš v. Latvia addresses the principle of mutual trust within the EU legal order and the right to a fair trial under Article 6 of the Convention.

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