scholarly journals ENSURING RESPECT FOR HUMAN RIGHTS AND FREEDOMS IN THE CONTEXT OF STATES' MEASURES INTRODUCTION TO COMBAT THE COVID-19 PANDEMIC: EUROPEAN EXPERIENCE

2020 ◽  
Vol 73 (12) ◽  
pp. 2773-2779
Author(s):  
Viktor V. Horodovenko ◽  
Larysa G. Udovyka ◽  
Hanna O. Dichko
Keyword(s):  
Human Rights ◽  
European Countries ◽  
Healthcare Sector ◽  
European Convention ◽  
European Institutions ◽  
Foreign Countries ◽  
European Experience ◽  
European Regulatory ◽  
General Scientific ◽  
Emergency Measures

The aim: To suggest the ways and means for ensuring respect for human rights and freedoms in the context of introduction of states' measures to combat the COVID-19 pandemic based on the generalization of European experience and systematization of recommendations of international and European institutions. Materials and methods: In thise research we applied a complex of philosophical and ideological approaches, general scientific and special methods of scientific cognition, in particular civilizational and axiological approaches as well as dialectical, comparative legal and statistical methods. The empirical basis of the study is represented by the statistical data of the healthcare sector of European countries, generalization of the practice of countering the pandemic spread. In this study we used international and European regulatory legal acts and documents in the field of human rights, national legislations of foreign countries. Conclusions: Derogation from the provisions of the European Convention on Human Rights in the context of introduction of measures to combat the СOVID-19 pandemic is a common problem for European countries, which requires emergency measures introduction by the governments of these countries; the measures introduced should be legal, necessary, non-discriminatory, with a certain specific focus and duration; ensuring respect for human rights and freedoms requires deliberate, timely and effective legal, organizational forms and methods of states' activities and international cooperation.

scholarly journals VACCINATION IN THE SYSTEM OF HUMAN RIGHTS AND OBLIGATIONS: IMPACT OF THE COVID-19 PANDEMIC

2021 ◽  
Vol 74 (11) ◽  
pp. 2983-2991
Author(s):  
Viktor V. Horodovenko ◽  
Larysa G. Udovyka ◽  
Tatiana О. Shekhovtsova
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Herd Immunity ◽  
Right To Health ◽  
Healthcare Sector ◽  
Foreign Countries ◽  
Wide Range ◽  
European Regulatory ◽  
The Right ◽  
Mandatory Vaccination

The aim: To identify the problems and prospects of introducing mandatory vaccination against COVID-19 in the context of respect for human and civil rights and freedoms based on generalization and systematization of foreign experience in implementing such measures. Materials and methods: In the research, we applied a complex of philosophical and ideological approaches, general scientific and special methods of scientific cognition, in particular civilizational and axiological approaches as well as dialectical, dogmatic, comparative, and statistical methods. The empirical basis of the study is represented by the statistical data of the healthcare sector of European countries, generalization of the practice of vaccination. In the study, we use international and European regulatory legal acts and documents in the field of human rights, national legislation of foreign countries. Conclusions: Vaccination represents an important component of the fundamental right to health. International legal acts on the human rights regulation, in particular the right to health, do not provide an unambiguous answer to the question of whether vaccination is the right or responsibility of a person, which has resulted in the existence of a wide range of vaccination policies and models. The existence of a wide range of policies and practices in States Parties to the Convention makes permissible the application of more imperative approaches to immunization, in particular, in cases where voluntary vaccination is not sufficient to ensure the threshold of herd immunity. In most countries, vaccination against COVID-19 is carried out voluntarily, whereas the complication of the epidemiological situation has resulted in following the path of introducing mandatory vaccination in some countries, both with regard to certain population categories (France, Greece, Russia, Ukraine) and the entire population (Tajikistan, Turkmenistan).

Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law

2021 ◽  
Vol 28 (2) ◽  
pp. 55-65
Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Well Being ◽  
Legal Regulation ◽  
Martial Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific ◽  
The Individual ◽  
Exhaustive List

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted

scholarly journals The right to private communication using telecommunication means: National and international legal aspects of protection

2019 ◽  
Vol 68 ◽  
pp. 01021
Author(s):  
Olexandr Panasiuk ◽  
Larysa Grynko ◽  
Anna Prokhazka
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Legal Aspects ◽  
The State ◽  
European Countries ◽  
European Convention ◽  
Private Communication ◽  
Criminal Proceedings ◽  
The Right ◽  
Case Basis

Today's challenges dictate the need to strengthen the national and international legal mechanisms for the protection of personal data and the right to private communication. However, considered rights are not absolute. Legitimate restriction of guaranteed rights is possible, since these means of communication are a powerful tool in the investigation and disclosure of hard/very hard crimes, including transnational ones, especially considering the terrorist threats to Ukraine and other European countries. The possibility of restricting human rights, arising from the guarantees enshrined in the European Convention on Human Rights and consistently enshrined in the ECHR, demands from the state the least compulsory guarantee while interfering with the rights of individuals – to act “in accordance with the law”. Law protection of personal data and right to privacy are researched in the context of peculiarities of conducting investigative (search), secret investigative (search) and other procedural actions in criminal proceedings, which concern access to some telecommunication means (e.g., smartphones). Taking into account different functional purposes of technical means of telecommunication, access and collecting of evidence contained therein, should be carried out on a case-to-case basis, in a different procedural form, considering specifics of telecommunication technologies in each particular case.

scholarly journals Creeping compulsion to mediate, the Constitution and the Convention

2018 ◽  
Vol 69 (2) ◽  
pp. 127-146
Author(s):  
Ronán Feehily
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
European Countries ◽  
European Convention ◽  
Administration Of Justice ◽  
Human Rights Act ◽  
Optimal Approach

The court backlog in some European countries has inspired the introduction of compulsory mediation schemes to deal with various commercial claims. The article reviews the developing jurisprudence from various courts throughout Europe, to assess the seemingly relentless public policy move towards compulsory mediation and the implications that this has for commercial parties in dispute, lawyers involved in the process and the administration of justice in Europe. The potential that such an approach could amount to a violation of the rights guaranteed by Article 6(1) of the European Convention on Human Rights, as enshrined within the European Convention on Human Rights Act 2003, and Article 40.3 of the Irish Constitution is analysed. The article ultimately discusses the optimal approach for the courts and the legislature to follow to strike the appropriate balance between strong encouragement and coercive compulsion that would avoid offending constitutional and Convention rights and foster a mediation culture.

The Admissibility of Confessions and Real Evidence Obtained in Violation of Human Rights in Criminal Trials in European Countries: Analysing the Jurisprudence of the European Court of Human Rights

2019 ◽  
Vol 9 (3) ◽  
pp. 335-355
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
The State ◽  
European Countries ◽  
European Convention ◽  
Human Rights Violations ◽  
Criminal Trials ◽  
European Court ◽  
Domestic Courts ◽  
The Right

The right to a fair trial is guaranteed under Article 6 of the European Convention on Human Rights. In an effort to protect this right, the European Court of Human Rights has, inter alia, set criteria to determine whether or not the admission of a confession in domestic courts violated the right to a fair trial. This jurisprudence also shows that the Court has established two broad guidelines that govern the admissibility of confessions obtained through human rights violations. The first guideline is that confessions obtained in violation of absolute rights and in particular in violation of Article 3 of the European Convention on Human Rights must be excluded, because their admission will always render the trial unfair. The second guideline is that a confession obtained in violation of a non-absolute right may be admitted without violating the right to a fair trial if the State had a compelling reason or reasons to restrict the right in question. The Court has also dealt with the issue of the admissibility of real evidence obtained through human rights violations. The purpose of this article is to highlight the Court’s jurisprudence.

scholarly journals EUROPEAN EXPERIENCE OF HOUSING REFORM AND DEVELOPMENT: LESSONS FOR MODERN UKRAINE

2021 ◽  
Author(s):  
Bizonych D.
Keyword(s):  
Mixed Model ◽  
European Countries ◽  
Comparative Characteristic ◽  
Basic Tool ◽  
Housing Reform ◽  
Private Partnership ◽  
Services Sector ◽  
Foreign Countries ◽  
European Experience ◽  
The Republic

The article substantiates the relevance of the study of European experience in reforming and developing housing and communal services for modern Ukraine. The analysis of scientific and thematic recent researches and publications is carried out. The European experience of reforming and development of housing and communal services is generalized and the offers concerning various ways of its introduction in modern Ukraine are given. The traditional general models of reforming and development of housing and communal services are considered and characterized: English, German, French and the French model is determined as the most acceptable for Ukraine. The necessity of consideration for Ukraine of a mixed model of reforming and development of the housing and communal services sector is substantiated. The comparative characteristic of models of management of housing and communal services in foreign countries and Ukraine is resulted. The necessity of creating a domestic model of development of housing and communal services of modern Ukraine is substantiated. The experience of the Republic of Poland in reforming and developing the domestic sector of housing and communal services is analyzed (useful features of this reform for Ukraine are determined, the process of demonopolization "pooling" is considered). The main characteristics of the sphere of housing and communal services of European countries are given. Such a tool for improving the state of the housing and communal services sector as bonds is considered. The advantages of active use of such a basic tool in the field of housing and communal services as a public-private partnership are presented. The components of variable ways of introduction of the European experience of reforming and development of housing and communal services in modern Ukraine are determined. Perspective directions of further theoretical and practical researches concerning generalization of foreign experience of reforming and development of housing and communal services are offered and offers concerning various ways of its introduction in modern Ukraine are given.

Divergent Trends in Legal Recognition of Religious Entities in Europe: The Cases of Slovenia and Hungary

2015 ◽  
Vol 8 (2) ◽  
pp. 286-304
Author(s):  
Miran Lavrič ◽  
Sergej Flere
Keyword(s):  
Human Rights ◽  
Religious Pluralism ◽  
The Other ◽  
European Countries ◽  
European Convention ◽  
The Political ◽  
Council Of Europe ◽  
Legal Recognition ◽  
Political Situation ◽  
European Court

AbstractReligious dynamics in Europe, especially regarding religious pluralism, are largely affected by the characteristics of legal recognition of religious entities in individual countries. The implementation of the European Convention of Human Rights by the European Court of Human Rights clearly points to democratic pluralism as the essential principle in treating religious entities by the state. On the other hand, the situation in European countries is very complex and certain tendencies opposite to the European Convention of Human Rights directions, particularly in terms of privileging of traditional entities, are still deeply entrenched. Recent changes in Slovenia, where two essentially parody religions have been registered, and in Hungary, where registration and recognition of previously registered churches have been annulled, are considered. It is argued that the implementation of the liberal course set by the Council of Europe is (still) largely dependent on the political situation in individual countries.

Derogations from the European Convention on Human Rights: The Case for Reform

2020 ◽  
Vol 20 (4) ◽  
pp. 769-796
Author(s):  
Stuart Wallace
Keyword(s):  
Human Rights ◽  
Statistical Data ◽  
European Convention ◽  
Military Operations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
States Of Emergency ◽  
European Court ◽  
State Practice ◽  
Emergency Measures

Abstract This article examines State practice on derogations from human rights protection during states of emergency under Article 15 of the European Convention on Human Rights. The article presents statistical data on the use of derogations, offers analysis of the data and practice and advances a series of reform proposals. It is argued that Article 15 is being misused by States to derogate for protracted periods of time for entrenched emergencies and that emergency measures are remaining in place after declared emergencies have ended. Equally, States are not derogating in circumstances where they should for military operations, particularly extra-territorial military operations. It is argued that the European Court of Human Rights has been deferential in enforcing Article 15 and that reform is needed to address the problems identified. Reforms should include review procedures for emergency measures, enhanced procedures for notifying derogations and an amendment to facilitate extra-territorial derogations.

The Right to Benefit from an Effective Remedy against Decisions Implying the Return of Asylum-seekers to European Safe Countries

2017 ◽  
Vol 19 (3) ◽  
pp. 255-280 ◽  
Author(s):  
Silvia Morgades-Gil
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Asylum Seekers ◽  
European Countries ◽  
European Convention ◽  
Second Phase ◽  
Effective Remedy ◽  
The Right ◽  
Transfer Decisions

Abstract During the first phase of the ceas, the cjeu considered that asylum-seekers had only limited opportunities to appeal against decisions to transfer them to other European countries based on the Dublin system. This interpretation was contrary to the right to an effective remedy enshrined in the European Convention on Human Rights and recognised as a principle of eu Law. With the second phase of the ceas, the cjeu ruled on two judgements in June 2016 (Ghezelbash and Karim) in which asylum-seekers benefited from the right to an effective remedy against Dublin transfer decisions. The scope of the judicial review was not limited to cases where there was a risk of being subjected to inhuman treatment as a result of ‘systemic deficiencies’ in the procedures and reception conditions in the receiving country. This article argues that this shift in the jurisprudence of the cjeu restores asylum-seekers’ status as subjects of eu Law.

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