COERCED STERILIZATION AS A REPRODUCTIVE RIGHTS VIOLATION

The aim: To outline and systematize the issues related to violations and restrictions on the realization of the right to reproduction. To develop propositions and recommendations on improving the prevention and combating various manifestations of coerced sterilization. Materials and methods: Theoretical basis for studying this issue includes scientific publications, research of the legislative systems of different countries, the conclusions of international non-governmental organizations. The authors of the paper have also taken into account international regulations, including UN Conventions and Directives, decisions of the European Court of Human Rights (ECHR), as well as analytical data provided by international organizations. Determinants in the study of this problem are the analysis, synthesis and generalization of the experience and legislative base of foreign countries, which are closely related to formal and comparative methods. Systematic, structural, dialectical and statistical methods have been also used in this paper to substantiate the problem of sterilization. Conclusions: The most radical decision to refuse from reproduction is surgical sterilization (defertilization). It can be classified as voluntary, forced and coerced. The problems of preventing and combating coerced sterilization are among the most difficult ones. Bribery and mental coercion of persons in order to obtain consent for sterilization are either not regulated by law and do not entail any liability, including criminal, or even are part of the state government policy to regulate the number of citizens in overpopulated countries, HIV-infected people, including prisoners or transgender people.

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Foreign Policy of Hungary Towards Ukraine or “European Menu à la Carte”

Diplomatic Ukraine ◽

10.37837/2707-7683-2018-35 ◽

2018 ◽

pp. 603-612

Author(s):

Serhii Esaulov

Keyword(s):

Foreign Policy ◽

International Relations ◽

Law And Order ◽

Governmental Organizations ◽

Non Governmental Organizations ◽

Historical Justice ◽

The World ◽

Formed Part ◽

The Right ◽

Expert Community

The author raises the issue of settling conflicts around the world and discusses modern attempts to establish law and order. Particular attention is paid to the intricate relations between Hungary and Ukraine. With Russia’s aggression against Ukraine there was ruined a system of international relations, which provided for the rule of law, the right to settle disputes without applying military tools, force or threats. Russia initiated a new precedent of impunity, insolent violation of the fundamental norms of international law, and demonstrated the world how the borders may be redrawn as one sees fit and “bring historical justice”. The author notes that one of the reasons for the escalation of the conflict between Hungary and Ukraine has become the language issue. Still, however pity it is, all attempts of the Ukrainian side to resolve conflict matters have appeared to be vane, since Budapest is reluctant to listen to and consider any arguments of Kyiv, being fully distracted by its demand. It is hard to imagine that in civilized “old” Europe, Germany, for instance, would express claims or even threaten France for the fact that pupils in schools of the French region of Alsace (until 1918, its territory formed part of Germany that attempted to annex it at times of the Second World War) are taught in the official language – French, not in the language of the neighbouring country, even though the Alsatian and German languages are equally spoken there. Unfortunately, Hungary seems not to be ready to follow the example of the Franco-German reconciliation in terms of relations with all neighbours, despite the philosophy of its membership in the EU and NATO. The revenge-seeking attitudes of the Hungarian political establishment regarding the revision of borders according to the Versailles and Yalta systems of international relations are constantly boosted in all directions in the neighbouring countries, where ethnic Hungarians live (Romania, Slovakia, Serbia and Ukraine). The so-called “formula of protecting interests of Russian citizens in Crimea and Donbas” adopted from Putin has apparently laid the foundation for the foreign policy strategy of V. Orban. First, as regards the appeal to make the region of ethnic Hungarians’ residence autonomous and subsequently – the appeal to hold a referendum on separation. The author summarizes that along with the political and diplomatic efforts, a substantial role in easing the tension in relations with Budapest should be played by non-governmental organizations and the expert community though holding forums and scientific conferences aiming at discussing the above-mentioned issues. Keywords: Hungary, conflict, Law on Language, geopolitics, strategies, foreign policy, Ukraine.

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STATE LIABILITY FOR NON-PECUNIARY DAMAGES IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS

TEME ◽

10.22190/teme191114006r ◽

2020 ◽

pp. 017

Author(s):

Nebojša Raičević ◽

Zoran Radivojević

Keyword(s):

Human Rights ◽

Case Law ◽

Governmental Organizations ◽

Non Governmental Organizations ◽

European Court ◽

Moral Damage ◽

State Liability

Non-pecuniary damages are a form of just satisfaction that the ECtHR may award if a violation of protected rights is found. These damages can be claimed by individuals, groups of persons, non-governmental organizations and states, whereby the awarded amount must be distributed to individual victims. However, for the Court to award compensation for non-pecuniary damage, several requirements must be met. The Court has awarded compensation for non-pecuniary damage on several grounds, such as pain, stress, anxiety, frustration, embarrassment, humiliation, and loss of reputation. Unfortunately, the criteria for determining the amounts of compensation for moral damage are still not clear and precise, so they have been determined by the Court on an equitable basis, taking into account its case-law standards.

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Unilateral declarations and the European Court of Human Rights: Between efficiency and the interests of the applicant

Maastricht Journal of European and Comparative Law ◽

10.1177/1023263x18796977 ◽

2018 ◽

Vol 25 (5) ◽

pp. 607-630 ◽

Cited By ~ 1

Author(s):

Lize R Glas

Keyword(s):

Human Rights ◽

The State ◽

Governmental Organizations ◽

Non Governmental Organizations ◽

European Court ◽

Unilateral Declaration ◽

Human Rights Violation

Faced with numerous repetitive applications, the European Court of Human Rights (ECtHR) has welcomed the unilateral declaration mechanism as a way to handle these efficiently. In a unilateral declaration, the state admits a human rights violation and promises to provide redress to the applicant. On that basis, the Court strikes out an application and does not deal with its merits. Some authors and non-governmental organizations warn against losing sight of the applicants’ interests whilst relying on unilateral declarations. Against this background, this article aims to establish whether unilateral declarations are indeed (mostly) used to dispose of repetitive applications and how this procedure works in practice. The second aim is to determine whether the interests of the applicants are sufficiently protected when the Court rules on unilateral declarations. The analysis is based on all 1285 unilateral declarations, which the states parties to the ECHR have proposed in the five years following 2 April 2012.

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Psychiatric commitment: over 50 years of case law from the European Court of Human Rights

European Psychiatry ◽

10.1016/j.eurpsy.2006.04.004 ◽

2006 ◽

Vol 21 (7) ◽

pp. 427-435 ◽

Cited By ~ 4

Author(s):

G. Niveau ◽

J. Materi

Keyword(s):

Human Rights ◽

Case Law ◽

Time Frame ◽

Governmental Organizations ◽

Non Governmental Organizations ◽

European Court ◽

Right To Information ◽

Definition Of ◽

Respective Number

AbstractPurposeTo extensively review the European Court of Human Rights (ECHR) case law concerning psychiatric commitment, and to estimate the role of this supranational jurisprudence in the practice of contemporary psychiatry.MethodUsing keywords to search the ECHR computerized database “HUDOC”, we reviewed all cases concerning psychiatric commitment registered between September 1953 and December 31, 2004. Four groups were identified: applications declared inadmissible; applications accepted but not judged by the Court; pending cases; and cases judged by the Court.ResultsOf the almost 118,000 decisions taken by the ECHR in this time frame, we found 108 situations concerning psychiatric commitment. Forty-one of these applications were considered by the Court to be inadmissible. Twenty-four other cases were considered admissible but not judged by the ECHR. Three admissible cases were still pending at the end of 2004. The ECHR judged 40 cases, and found in 35 of them that one or several rights as guaranteed by the Convention had been violated.DiscussionThe ECHR protects the human rights of persons subjected to involuntary psychiatric commitment by creating supranational law in the following areas: definition of “unsoundness of mind”; conditions of lawfulness of detention; right to a review of detention by a Court; right to information; right to respect for private and family life; and conditions of confinement, which address inhuman and degrading treatment. The respective number of applications submitted to the ECHR did not depend on when the Convention had entered into force in that country.ConclusionThe possibility of an individual to access the ECHR depends on the degree of democracy in his country and on the access to legal assistance through non-governmental organizations or individual intervening parties.

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Labor, the UN and the Cold War

International Organization ◽

10.1017/s0020818300008110 ◽

1957 ◽

Vol 11 (1) ◽

pp. 55-67 ◽

Cited By ~ 4

Author(s):

Harold Karan Jacobson

Keyword(s):

Cold War ◽

Soviet Union ◽

San Francisco ◽

Trade Unions ◽

World Federation ◽

Governmental Organizations ◽

Non Governmental Organizations ◽

The Soviet Union ◽

The Right ◽

The Cold War

One of the significant structural differences between the organization of economic and social work under the League and under the United Nations is the extent to which non-governmental organizations (NGO's) have been allowed to participate. NGO's have been granted far greater privileges in the UN than they enjoyed in the League. Initially, they were formally recognized in Article 71 of the Charter, which gives the Economic and Social Council the right to make “suitable arrangements” for consultation with them. While defined in differing ways during different periods, consultative status under this article has, subject to various conditions, always included the right to participate in the debates of ECOSOC, its commissions and committees, and to propose items for inclusion in their provisional agenda. NGO's have made extensive use of these privileges. Their use, however, as well as the entire record of NGO action in the UN, has been inseparably linked with the cold war. Russian demands at San Francisco for privileges for the newly created, communist-controlled World Federation of Trade Unions (WFTU) were a contributing factor in the decision to include Article 71 in the Charter. The initial definition of this article resulted primarily from the interaction of pressures by the Soviet Union and the WFTU and the western response.

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Is Nuclear Energy the Right Choice for Turkey?

International Conference on Eurasian Economies 2015 ◽

10.36880/c06.01426 ◽

2015 ◽

Author(s):

İsmail Güneş

Keyword(s):

Risk Perceptions ◽

Energy Demand ◽

Nuclear Power ◽

Power Plants ◽

Nuclear Energy ◽

Electric Energy ◽

Governmental Organizations ◽

Non Governmental Organizations ◽

Turkish Economy ◽

The Right

Developing countries need energy supply. Turkish economy is one of the most dynamic in the region. The consumption of electric power in the country is growing rapidly. But the price of electric energy in Turkey is one of the detrimental factors. Of all the neighboring countries, Turkey has one of the highest prices for electric energy. While some academicians and non-governmental organizations supported the Turkish government's plans for establishment of nuclear power plants in Turkey, some others opposed it. Due to increased energy demand, Turkey is continuing to explore the possibilities of introducing nuclear power. Gaining acceptance from local populations, however, may be problematic because nuclear power has a negative image and risk perceptions are complicated by a range of psychological and cultural factors. The main aim of this work is to investigate Turkey's nuclear preferences is it right. We will discusses the Akkuyu nuclear energy projects, market trends and analysis. In addition we will look at Turkey’s nuclear energy policies.

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Part 5 Cross-Cutting Issues, 5.4 Defenders of Freedom of Religion or Belief and Non-Governmental Organizations

10.1093/law/9780198703983.003.0031 ◽

2016 ◽

Author(s):

Bielefeldt Heiner, Prof ◽

Ghanea Nazila, Dr ◽

Wiener Michael, Dr

Keyword(s):

Human Rights ◽

Freedom Of Religion ◽

Faith Based ◽

Governmental Organizations ◽

Community Associations ◽

Non Governmental Organizations ◽

Faith Based Organizations ◽

Fact Finding ◽

The Right ◽

Standard Terms

Freedom of religion or belief has long depended on advocates and human rights defenders to ensure its normative development and its protection. Human rights defenders serve as an essential counterpart to States in advancing freedom of religion or belief by operating within charities, non-governmental organizations (NGOs) or international non-governmental organizations (INGOs), faith-based organizations, interfaith organizations, or community associations. Though the 1981 Declaration and the 1998 Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms are silent on their contributions, their role has been welcomed by numerous freedom of religion or belief mechanisms and mandate-holders. Yet, their contributions are hampered by reprisals against human rights defenders and intimidation against mandate-holders, in sharp contrast with the Standard Terms of Reference for Fact-Finding Missions. Ombudspersons, faith-based organizations, INGOs, and NGOs have an important role to play regarding freedom of religion or belief and need to ensure non-discrimination in their activities.

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Right to Family Environment

10.1093/oso/9780199470716.003.0002 ◽

2017 ◽

Author(s):

Asha Bajpai

Keyword(s):

Foster Care ◽

Juvenile Justice ◽

International Law ◽

Family Environment ◽

Family Type ◽

Law Reform ◽

Governmental Organizations ◽

Non Governmental Organizations ◽

Institutional Services ◽

The Right

Institutionalization of children has to be the last resort. It is the right of a child to a family or in the alternative to family type non-institutional services, such as adoption, foster care, and sponsorship. This chapter commences with tracing the evolution of adoption in history, mythology, and religion. It critically examines Indian adoption laws, such as the Hindu Adoption and Maintenance Act, 1956, the Guardians and Wards Act, 1890, the Provisions in the Juvenile Justice Act, 2015, and the CARA guidelines and Procedures, 2015. Select judgements of the courts in India on adoption and surrogacy is also included. Surrogacy Regulation Bill, 2016 is discussed. International law, instruments, and protocols relating to adoption and surrogacy in some other countries are dealt with. It suggests law reform in the areas of adoption and surrogacy. A brief description of non-governmental organizations, government initiatives, programmes, and schemes dealing with non-institutional services are included.

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Child Rights in India

10.1093/oso/9780199470716.001.0001 ◽

2017 ◽

Cited By ~ 3

Author(s):

Asha Bajpai

Keyword(s):

Compulsory Education ◽

Policy And Practice ◽

Child Rights ◽

Governmental Organizations ◽

Rights Of The Child ◽

Non Governmental Organizations ◽

The Law ◽

Education Act ◽

Rights Discourse ◽

The Right

Legislation is one of the most important tools for empowering children. Recent years have seen several key developments in the law, policy, and practice related to child rights. Significantly, with the adoption of the United Nations Convention on the Rights of the Child in 1989, a rights-based approach has acquired prominence in the child rights discourse across the world. The book analyses the laws in the light of court judgments and policy initiatives taken in India. It also examines the interventions and strategies employed by non-governmental organizations in recommending legislative reforms in support of children. This fully revised third edition focuses on the new legal developments in India—such as the Juvenile Justice (Care and Protection of Children) Act, 2015; the new Central Adoption Resource Agency guidelines; the Right of Children to Free and Compulsory Education Act, 2009; and the National Food Security Act, 2013—thus attempting to integrate the law in theory and field practice. It is clear that realization of the rights of the child calls for a well defined, child friendly, national movement involving individuals, ad masses, peoples and societies, families and communities, states, and nations. Awareness of child rights by stakeholders is crucial.

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Republika Chorwacji: wyrok Trybunału Konstytucyjnego z 3 lipca 2020 r. dotyczący prawa do głosowania osób znajdujących się w izolacji w związku z zakażeniem lub podejrzeniem zakażenia koronawirusem SARS-CoV-2, sygn. U-VII-2980/2020

Przegląd Sejmowy ◽

10.31268/ps.2020.89 ◽

2020 ◽

Vol 6(161) ◽

pp. 217-222

Author(s):

Marcin Rulka

Keyword(s):

Infectious Disease ◽

The State ◽

Constitutional Court ◽

Parliamentary Elections ◽

Governmental Organizations ◽

Non Governmental Organizations ◽

The Republic ◽

The Right ◽

Election Commission ◽

Coronavirus Infections

The parliamentary elections in Croatia were ordered for 5 July 2020. However, as the election date approached, the number of coronavirus infections increased, prompting the authority responsible for overseeing the conduct of the elections, i.e., the State Election Commission of the Republic of Croatia, to issue appropriate voting guidelines. People in self-isolation had the opportunity to vote only if the registration activities were completed by 2 July 2020, as this guaranteed a visit from a member of the election commission to whom they could pass the vote, but completely excluded infected persons from the vote. On 1 July 2020, one of the Croatian non-governmental organizations, the GONG, submitted a request to the Constitutional Court (supported by the signatures of several dozen citizens) to examine the legality of the elections, arguing that the state authorities are obliged to give each voter the possibility to vote in the elections. The Constitutional Court stated that the state authorities are obliged to create the legal possibility of exercising the right to vote guaranteed by the constitution for all citizens who express such wish, including those who have been diagnosed with SARS-CoV-2 (COVID 19) or any other infectious disease, and who, for this reason, remain in isolation.

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