SCOPE AND NATURE OF PROCEDURAL OBLİGATİONS UNDER ARTICLE 2 OF THE EUROPEAN CONVENTION ON HUMAN RİGHTS

2020 ◽  
Vol 53 (04) ◽  
pp. 79-81
Author(s):  
Nargiz Nasimi Mammadova ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Key Words ◽  
European Convention ◽  
Right To Life ◽  
Key Words Human

Key words: human rights, positive obligations, right to life, international law

OBLIGATION TO PROVIDE ADEQUATE MEDICAL CARE TO PERSONS IN CUSTODY

2020 ◽  
Vol 53 (04) ◽  
pp. 41-43
Author(s):  
Nargiz Nasimi Mammadova ◽  
Keyword(s):  
Human Rights ◽  
Medical Care ◽  
International Law ◽  
Key Words ◽  
Key Words Human

Key words: human rights, prisoners health, international law

¿ES POSIBLE LA PROTECCIÓN INTERNACIONAL DE LOS DERECHOS DE LOS CONTRIBUYENTES?

SCIENTIARVM ◽  
2015 ◽  
Vol 1 (1) ◽  
pp. 19-22
Author(s):  
SILDA VALDEZ VELAZCO ◽  
Keyword(s):  
Human Rights ◽  
Key Words ◽  
International Organizations ◽  
European Convention ◽  
International Treaties ◽  
Key Words Human ◽  
Member States ◽  
European Court

ABSTRACT: In the present investigation, we seek to describe and establish how two international organizations such as the Inter-American Court of Human Rights and the European Court of Human Rights, precisely responsable for the protection of the human rights of the citizens of their member states, have managed to concretize the protection of the rights of taxpayers despite their poor regulation in international treaties base on those that impart justice. Thus, some of the cases in which there has been a ruling on tax issues are analyzed, the facts, the rights protected and how this protection has finally been materialized in specific cases. Key words: Human Rights, taxpayers, American Convention on Human Rights, European Convention on Human Rights, taxation.

REGULATION OF REPRODUCTIVE RIGHTS UNDER EUROPEAN CONVENTION ON HUMAN RIGHTS

2020 ◽  
Vol 52 (03) ◽  
pp. 27-29
Author(s):  
Matanat Muzaffar Quluzadeh ◽  
Keyword(s):  
Human Rights ◽  
Key Words ◽  
Family Life ◽  
Reproductive Rights ◽  
Private Life ◽  
European Convention ◽  
Key Words Human

Key words: human rights, reproductive rights, abortion, private life and family life

The European Convention on Human Rights and International Law

2007 ◽  
Vol 56 (2) ◽  
pp. 217-231 ◽  
Author(s):  
Luzius Wildhaber
Keyword(s):  
Human Rights ◽  
International Law ◽  
Comparative Law ◽  
Case Law ◽  
European Convention ◽  
Mutual Relationship ◽  
Public International Law ◽  
European Court ◽  
Special Character ◽  
British Institute

AbstractThis article is an expanded and footnoted version of the lectur given at the British Institute of International and Comparative Law on Tuesday 21 March 2006, entitled ‘International Law in the European Court of Human Rights’.The article begins with some comparative comments on the application of the European Convention on Human Rights in monistic and dualistic systems It then discusses in detail the European Court's case law which confirms that the Convention, despite its special character as a human rights treaty, is indeed part of public international law. It concludes that the Convention and international law find themselves in a kind of interactive mutual relationship. checking and buildine on each other.

Fragmentation of International Law Revisited: Insights, Good Practices, and Lessons to be Learned from the Case Law of the European Court of Human Rights

2015 ◽  
Vol 28 (4) ◽  
pp. 863-885 ◽  
Author(s):  
ADAMANTIA RACHOVITSA
Keyword(s):  
Human Rights ◽  
International Law ◽  
Case Law ◽  
European Convention ◽  
Vienna Convention ◽  
International Courts ◽  
Good Practices ◽  
European Court ◽  
Interpretation Process ◽  
Fragmentation Of International Law

AbstractThis article discusses the contribution of the European Court of Human Rights to mitigating difficulties arising from the fragmentation of international law. It argues that the Court's case law provides insights and good practices to be followed. First, the article furnishes evidence that the Court has developed an autonomous and distinct interpretative principle to construe the European Convention on Human Rights by taking other norms of international law into account. Second, it offers a blueprint of the methodology that the Court employs when engaging with external norms in the interpretation process. It analyses the Court's approach to subtle contextual differences between similar or identical international norms and its position towards the requirements of Article 31(3)(c) of the Vienna Convention on the Law of Treaties (VCLT). It concludes that international courts are developing innovative interpretative practices, which may not be strictly based on the letter of the VCLT.

scholarly journals Rescuing Asylum-Seeker Stranded at Sea: Malaysia’s Duty under International Law

2018 ◽  
Vol 7 (3.30) ◽  
pp. 182
Author(s):  
Syafiq Sulaiman ◽  
Salawati Mat Basir ◽  
Mohd Zamre Mohd Zahir
Keyword(s):  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
Law Of The Sea ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
International Human ◽  
The Right

The protection of the right to life and the duty to rescue persons in distress at sea are the fundamental obligations under two specialized international law regimes which are the international human rights law and the law of the sea. These rules when read together form a strong protection of the human rights of the asylum-seekers stranded at sea. However, often states failed to honour this obligation for various reasons ranging from national security to economic reasons. This article will analyse Malaysia’s responsibilities as regards the right to life and the duty to rescue of these asylum-seekers. It will also identify the existing international and domestic legal framework relevant to the application of these obligations upon Malaysia and whether it has acted in breach of such obligations. The article then proceeded with suggestions for further improvement that Malaysia can adopt in order to better perform its obligations. This study is a pure doctrinal legal research which is qualitative in nature. The data used in this research is collected from library-based resources. These data were then analyzed by using methods of content analysis as well as critical analysis. The article found that Malaysia has a duty to protect the right to life under international human rights law. Additionally, Malaysia is also bound under the law of the sea to perform its duty to rescue. In view of Malaysia’s failure to perform these duties in two occasions in the past consequently had resulted in a violation of international law. Therefore, it is suggested that Malaysia should initiate a revision of its national laws and policies regarding treatment of asylum-seekers stranded at sea to be in line with Malaysia’s duty under international law. Besides, the Malaysian Maritime Enforcement Agency is call upon to comply with the international standards of treatment of persons in distress at sea which includes the asylum-seekers.  

scholarly journals RELEVANSI HAK KEKAYAAN INTELEKTUAL DENGAN HAK ASASI MANUSIA GENERASI KEDUA

2014 ◽  
Vol 14 (3) ◽  
Author(s):  
Ni Ketut Supasti
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Key Words ◽  
Second Generation ◽  
Individual Rights ◽  
Key Words Human ◽  
Human Right ◽  
Potential Conflict ◽  
Literary Works

It is likely not easy to categorize IPR as human right. Based on the human right test and positivism approach, can be categorized into three schemes. : First, IPR is not human rights but it is under purely the dimension of law.  Second, some aspects of IPR have potential conflict with human rights. Third, IPR is human rights by emphasizing property rights and individual rights. The relevancy between IPR and the second generation of human rights can be considered based on Article 27.2 UDHR, Article 15 ICESCR and it General Comment No. 17 that  emphases the recognition and protection of art and literary works.  Key words: human right, IPR, relevancy, second generation

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