Editorial: Human Rights at the Heart of Energy Justice

2021 ◽  
Vol 2 (2) ◽  
pp. v-ix
Author(s):  
Raphael J Heffron
Keyword(s):  
Human Rights ◽  
Energy Research ◽  
Protection Of Human Rights ◽  
Energy Justice ◽  
The Relationship

Energy justice has grown significantly across all disciplines involved in energy research. Here an energy justice circle is advanced where the relationship with energy justice and human rights across the energy lifecycle is explored. It is clear that at the heart of energy justice from a practical perspective is the protection of human rights. That is what energy justice and the application of the forms of justice – procedural, distributive, restorative, recognition and cosmopolitan - that provide its basis can achieve.

scholarly journals Economic sanctions and human rights: an analysis of competing enforcement strategies in Latin America

2014 ◽  
Vol 57 (1) ◽  
pp. 197-215 ◽  
Author(s):  
Cristiane de Andrade Lucena Carneiro
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Economic Sanctions ◽  
Deterrent Effect ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Political Terror ◽  
Using Data ◽  
The Relationship

This article addresses the consequences of economic sanctions for the protection of human rights in Latin America. The literature on sanctions and compliance informs three hypotheses, which investigate the relationship between sanctions and the level of rights protection in two groups of countries: those that were targeted by sanctions and those that were not. Using data from the Political Terror Scale (PTS) and from Freedom House, I find empirical evidence that sanctions do improve the level of protection in countries that were not targeted. This finding can be explained by the deterrent effect attributed to sanctions by the compliance literature, broadly interpreted. The presence of economic sanctions in a given year increases the probability of observing better human rights practices by almost 50%. These results hold for the 12 Latin American countries that were not subject to economic sanctions for the period 1976-2004.

6. General principles of law

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
Protection Of Human Rights ◽  
General Principles Of Law ◽  
Relationship Of ◽  
The Relationship

This chapter examines the development of the general principles by the Court of Justice (CJ) to support the protection of human rights in the European Union (EU) law. It analyses the relationship of the general principles derived from the CJ’s jurisprudence to the European Convention on Human Rights (ECHR), and the European Charter of Fundamental Rights (EUCFR). It discusses the possible accession of the EU to the ECHR and the implications of Opinion 2/13. It suggests that although the protection of human rights has been more visible since the Lisbon Treaty and there are now more avenues to such protection, it is debatable whether the scope and level of protection has increased.

Human Rights in Germany – A View from Germany's National Human Rights Institution

2016 ◽  
Vol 44 (1) ◽  
pp. 50-58
Author(s):  
Beate Rudolf
Keyword(s):  
Human Rights ◽  
Added Value ◽  
International Human Rights Law ◽  
Persons With Disabilities ◽  
The Right To Privacy ◽  
National Human ◽  
Human Rights Treaties ◽  
Protection Of Human Rights ◽  
The Right ◽  
The Relationship

AbstractThis paper discusses the protection of human rights in Germany through the interplay of constitutional law and international human rights law. It also explores the relationship between specialized human rights treaties on the rights of women, children, and persons with disabilities with “general” human rights treaties and their added value. It will highlight current human rights issues, such as the treatment of refugees, the protection against racist discrimination, and the right to privacy in the digital age.

“Not Taking Rights Seriously”. Opting for the Primacy of eu Law over Broader Human Rights Protection

2015 ◽  
Vol 4 (2) ◽  
pp. 277-302
Author(s):  
Fisnik Korenica ◽  
Dren Doli
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
Protection Of Human Rights ◽  
The Relationship

The European Union (eu) accession to the Convention for the Protection of Human Rights and Fundamental Freedoms (echr) has been a hot topic in the European legal discourse in this decade. Ruling on the compliance of the Draft Agreement on eu accession to the echr with the eu Treaties, the Court of Justice of the eu (cjeu) came up with a rather controversial Opinion. It ruled that the Draft Agreement is incompliant with the eu Treaties in several respects. One of the core concerns in Opinion 2/13 relates to the management of horizontal relationship between the eu Charter of Fundamental Rights (ChFR) and echr, namely Article 53 ChFR and Article 53 echr. The article examines the Opinion 2/13’s specific concerns on the relationship between Article 53 ChFR and Article 53 echr from a post-accession perspective. It starts by considering the question of the two 53s’ relationship from the eu-law autonomy viewpoint, indicating the main gaps that may present a danger to the latter. While questioning from a number of perspectives the plausibility of the cjeu’s arguments in relation to the two 53s, the article argues that the Court was both controversial and argued against itself when it drew harshly upon these concerns. The article also presents three options to address the cjeu’s requirements on this issue. The article concludes that the cjeu’s statements on the two 53s will seriously hurt the accession project, while critically limiting the possibility of Member States to provide broader protection.

The protection and promotion of human-rights

2020 ◽  
pp. 384-398
Author(s):  
Irina Ichim
Keyword(s):  
Human Rights ◽  
State Repression ◽  
The Public ◽  
The Social ◽  
The Face ◽  
Protection Of Human Rights ◽  
Government Propaganda ◽  
The Relationship ◽  
Civic Space ◽  
Recent Government

This chapter explores developments in the protection of human-rights in Kenya post-2002 by examining three interconnected issues: changes in the social and political landscape and how these created or constrained opportunities for activism; changes in the relationship between the state and the human-rights sector, but also within the human-rights sector; and evolving patterns of (non-)state repression of activism. The chapter shows that, against the background of a complex historical experience, and with the help of Kenya’s 2010 Constitution and a reformed judiciary, the human-rights sector in Kenya has grown into a staunch and able defender of civic space in the face of recent government assaults. However, government propaganda and the sector’s institutionalization simultaneously coalesce to disconnect the sector from the public. Coupled with divisions between professional and grassroots defenders, this disconnect risks limiting the sector’s ability to build on the momentum presented by recent achievements.

The Human Rights Act 1998

2016 ◽  
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Freedom Of Information ◽  
Right To Know ◽  
Protection Of Human Rights ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Principle Of Proportionality ◽  
The Relationship ◽  
Civilized Society

Chapter 15 considers the way in which the Human Rights Act has incorporated the European Convention for the Protection of Human Rights into English law. It considers how far Articles 8 and 10 have been used by the Strasbourg Court to establish a ‘right to know’. Freedom of information regimes have to grapple with the conflict between the citizen’s right to be informed and privacy. The chapter considers how the Strasbourg Court has sought to resolve the conflict by applying the principle of proportionality. It also considers the guidance given to the English courts by section 12 of the Human Rights Act and the relationship between judicial review in the Wednesbury sense and the approach of proportionality applicable where Convention rights are at stake. Lord Cooke said in R (Daly) v Home Secretary ‘the truth is some rights are inherent and fundamental to democratic civilized society’.

Italy

2008 ◽  
Vol 4 (2) ◽  
pp. 363-382 ◽  
Author(s):  
Oreste Pollicino
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Order ◽  
Constitutional Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Relationship ◽  
Constitutional Revision

It is never too late. In two decisions handed down at the end of October 2007, the Italian Constitutional Court seems finally to have begun to take seriously one of the Italian Constitution's fundamental principles: the openness to international law which is embodied in Articles 10, 11 and – the provision chosen by the Constitutional Court in the judgments being examined – 117, paragraph 1 of the Constitution, which was added by the constitutional revision of 2001. In particular, the two decisions focus on the relationship between the Italian constitutional legal order and the Convention for the Protection of Human Rights and Fundamental Freedoms.

scholarly journals State Immunity, Property Rights, and Cultural Objects on Loan

2015 ◽  
Vol 22 (2-3) ◽  
pp. 279-299 ◽  
Author(s):  
Alessandro Chechi
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Humanitarian Law ◽  
Cultural Objects ◽  
The Past ◽  
State Immunity ◽  
Art Objects ◽  
Protection Of Human Rights ◽  
Ambivalent Relationship ◽  
The Relationship

Abstract:In the art field the centuries-old concepts of property and state immunity are interwoven in an ambivalent relationship. Immunity rules may constitute a shield for the works of art that have been temporarily sent abroad for exhibition purposes. The obverse of the same coin is that the same rules may thwart the legal actions filed by individuals against foreign states to retrieve art objects lost in the past as a result or in connection with grave violations of human rights and humanitarian law. This article examines this conundrum and argues that the relationship between property rights and immunity rules should be reconceptualised and aligned with the values and priorities of the international community, such as the protection of human rights, the reparation of massive and violent crimes and the respect for cultural heritage.

scholarly journals PROTECTION OF PROPERTY RIGHTS IN THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

2020 ◽  
Vol 4 (6(75)) ◽  
pp. 52-59
Author(s):  
Taisa Tomlyak
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Case Law ◽  
The State ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Proportional Relationship ◽  
The Relationship ◽  
Broad Understanding

The article considers the legal positions of the European Court of Human Rights (hereinafter - Сourt). In particular, the decision of the Сourt in cases of legality of interference with property rights was examined in the light of the provisions of Protocol № 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter Protocol №1 to the Convention). Also, the article specifies the principles that, in the opinion of the Сourt, the state must adhere to when interfering in property rights. In addition, it is established that the concept of "property" within the meaning of Part 1 of Art. 1 of Protocol No. 1 to the Convention has an independent meaning. That is, this concept cannot depend on its legal classification in national law and cannot be limited to ownership of things. Also, we considered a broad understanding in the practice of the Сourt "interests of society" in the application of measures of deprivation of property rights and ensuring a proportional relationship between the goal and the means used. In addition, the relationship between Article 1 of Protocol No. 1 and other articles of the Convention is considered, as issues arising in connection with the use of one's "property" may also relate to other articles of the Convention. Some decisions of the Court of Human Rights and its interpretation of the concepts of "property", "property" and "property rights" are analyzed.

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