scholarly journals Do football hooligans have human rights?

2021 ◽  
Vol 16 (1) ◽  
pp. 60-71
Author(s):  
Deyana Marcheva
Keyword(s):  
Human Rights ◽  
Case Law ◽  
World War ◽  
Human Rights Protection ◽  
World War 2 ◽  
Rights Protection ◽  
European Court ◽  
The Status ◽  
International Projects ◽  
Protection Mechanisms

Human rights are the “last utopia” of our time that achieved contemporary prominence on the ruins of the last political utopias of twentieth century. All the international projects after World War 2 aspire to achieve a just balance between the basic individual rights and public interest. The human rights protection mechanisms introduce exceptions and qualifications to most of the human rights to allow for their restrictions proportional to the legitimate aims of the states. This article explores the human rights of the football hooligans starting with an analysis clarifying the historical, cultural and sociological aspects of the term “football hooligan”. Afterwards a detailed review of the case law of the European court of human rights is offered to reveal the status of the so called football hooligans as people whose basic rights could be restricted by the states upon wide discretion of the national authorities.

scholarly journals General and Particular Approaches to Implementation of theEuropean Convention on Human Rights

2018 ◽  
Vol 55 ◽  
pp. 248-292
Author(s):  
VLADIMÍRA PEJCHALOVÁ GRÜNWALDOVÁ
Keyword(s):  
Human Rights ◽  
National Level ◽  
Case Law ◽  
European Convention ◽  
Constitutional Courts ◽  
The Czech Republic ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Courts ◽  
European Court

AbstractThis article deals with the implementation, at the national level, of European human rights protection standards as enshrined in theEuropean Convention on Human Rights(ECHR) and interpreted by the European Court of Human Rights (ECtHR). It discusses the principles of interpretation of theECHRby the ECtHR, the interaction and mutual dialogue between the ECtHR and national courts, and the approach of the latter to interpretation and application of the case law of the ECtHR. Using the concrete examples of France and the Czech Republic as case studies, it is shown to what extent and how European constitutional courts take into account and apply the letter of the Convention and its interpretation by the ECtHR.

scholarly journals RESPECT FOR PRIVATE AND FAMILY LIFE UNDER ARTICLE 8 ECHR IN IMMIGRATION CASES: A HUMAN RIGHT TO REGULARIZE ILLEGAL STAY?

2008 ◽  
Vol 57 (1) ◽  
pp. 87-112 ◽  
Author(s):  
Daniel Thym
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Human Right ◽  
Human Rights Protection ◽  
Immigration Laws ◽  
European Court ◽  
The Status ◽  
Protection Of Human Rights

AbstractApplying the European Convention on Human Rights (ECHR) to immigration cases has always been a balancing exercise between the effective protection of human rights and the Contracting States' autonomy to regulate migration flows. In its recent case law, the European Court of Human Rights in Strasbourg (ECtHR) has considerably extended the protective scope of Article 8 ECHR by granting autonomous human rights protection to the long-term resident status independent of the existence of family bonds under the heading of ‘private life’. This has important repercussions for the status of legal and illegal immigrants across Europe, since the new case law widens the reach of human rights law to the legal conditions for leave to remain, effectively granting several applicants a human right to regularize their illegal stay. The contribution analyses the new case law and develops general criteria guiding the application of the ECHR to national immigration laws and the new EU harmonization measures adopted in recent years.

scholarly journals From Italian Pushbacks to Libyan Pullbacks: Is Hirsi 2.0 in the Making in Strasbourg?

2018 ◽  
Vol 20 (4) ◽  
pp. 396-426
Author(s):  
Annick Pijnenburg
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Coast Guard ◽  
The Political ◽  
Control Policies ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Migration Control ◽  
First Time

Abstract This article discusses the application that was recently lodged with the European Court of Human Rights alleging that Italy is responsible for its involvement in pullbacks by the Libyan coast guard. It places the case in the wider context of migration control policies and the Hirsi case in particular. The article examines different pullback scenarios which feature in the application lodged with the Court, and discusses different ways in which the Court can address the issues raised. The analysis focuses particularly on the question whether the Court is likely to find that Italy exercises jurisdiction and whether Italy could incur derived responsibility for its involvement in the pullbacks. The article concludes by suggesting that holding Italy responsible would require the Court to move beyond established precedent in its case-law. Although this is a move which can be difficult to make given the political tide in Europe, it would not be the first time that the Court takes its case-law, and thereby human rights protection, a step further.

The Action of Legal Persons in the European System of Human Rights Protection – Collective or Individual Interest?

2013 ◽  
Vol 12 (3) ◽  
pp. 321-341
Author(s):  
Marjorie Beulay
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Person ◽  
International Protection ◽  
Human Rights Protection ◽  
Collective Interest ◽  
Rights Protection ◽  
European Court ◽  
Globalization Of Law ◽  
The Individual

Abstract Human Rights are accustomed to being linked to individual interests, i.e. to defend the rights of individuals. But the development of their international protection has led to emphasizing new realities. With the globalization of law, the globalization of the subjects of international law has also appeared. If States gradually act collectively thanks to international organizations, individuals seem to follow the same path in forming collective entities named legal persons, which are entitled to rights. The main problem of this situation is defending these rights in front of international courts and, in particular, in front of the European Court of Human Rights. Representing a community leads to defending a collective interest, however, it is not easy to distinguish between the rights of the legal person itself and the rights of the collectivity the legal person is representing. Despite the fiction of the legal person, these entities seem to be collective claimants and consequently to defend a collective interest. Can we conclude that the actions of legal persons before European bodies of Human Rights protection are actions with a collective aim? Indeed this situation implies needing to define which entity retains cited rights and which interest is being defended, that of the individual or that of a collectivity of individuals? This article looks for some answers in the case law of the European Court, which can be considered unequivocal in the light of the case law of other jurisdictions.

scholarly journals Sports in the Case-Law of the European Court of Human Rights

2019 ◽  
Author(s):  
Jakub Czepek
Keyword(s):  
Human Rights ◽  
International Law ◽  
Case Law ◽  
Council Of Europe ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Point Of Interest ◽  
European Court ◽  
Degrading Treatment ◽  
The Right

Sport has been an object of interest of international law on several occasions. It has also been a point of interest of regional human rights protection, for example within the legal system of Council of Europe. Recently, the European Court of Human Rights has developed its case-law concerning sport-related issues, such as football supporters related violence and prevention of events of hooliganism, anti-doping related issues or fairness of proceedings before The Court of Arbitration for Sport (CAS) in Lausanne or the protection of professional athletes’ rights in the context of anti-doping requirements. The article focuses on the ECtHR case-law relating to sport within the meaning of the  right to life (art. 2 of the ECHR), prohibition of torture of inhuman or degrading treatment or punishment (art. 3 of the ECHR), right to liberty and security (art.5 of the ECHR), right to a fair trial (art.6 of the ECHR) or right to protection of private and family life (art.8 of the ECHR).

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.

The Internationalization Of Human Rights And The Importance Of Normative Dialogues Between International And National Courts

2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa
Keyword(s):  
Human Rights ◽  
The Other ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Courts ◽  
European Court ◽  
Differences Of Opinion ◽  
Rights Discourse ◽  
Different Characteristics ◽  
Human Rights Discourse

This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.

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