scholarly journals International legal regulation of somatic human rights

2021 ◽  
pp. 62-67
Author(s):  
Ivanna Maryniv ◽  
Anastasiya Yarmak
Keyword(s):  
Human Rights ◽  
Applied Ethics ◽  
Legal Regulation ◽  
Legal Aspects ◽  
European Convention ◽  
European Court ◽  
Protection Of Human Rights ◽  
Bioethical Issues ◽  
The Right ◽  
Human Rights Standards

A problem statement. The development of biology and medicine has led to the formation of a new philosophical discipline and section of applied ethics - bioethics. In the legal field, this development can be traced to the emergence of a new group of human rights - somatic rights, relating to the human authority to dispose of his body intervention. The author`s aim is to analyze international legal acts that directly or indirectly relate to the legal regulation of somatic rights, as well as, the practice of protection of such rights in the European Court of Human Rights. Аnalysis of research and publications. Bioethical issues are increasingly attracting the attention of authors working in various fields of scientific knowledge, among them Ę J. Sudo, Di Bernardo J., Ramon L. Lucas, E. Zgrechcha, B. Yudin, A. Ivanyushkin, M. Chashchin, O. Lishchynska-Mylyan, S. Pustovit, I. Boyko and others. P. Witte, S. Stetsenko, I. Senyuta, R. Grevtsova, M. Medvedev, A. Abashidze, A. Solntsev, E. Tarasyants. In other way, Sedova, A. Ovsyuk, P. Tishchenko, G. Tereshkevich, O. Kashintseva explore the legal problems of bioethics, in particular, their international legal aspects. The main text. The article examines how bioethical, biomedical and somatic rights are enshrined in the Council of Europe Convention for the Protection of Human Rights and Dignity in the Use of Biological and Medical Achievements 1997: the Convention on Human Rights and Biomedicine (Oviedo Convention). The case law of the European Court of Human Rights examines the main groups of violated rights of applicants, which are indirectly related to the protection of bioethical, biomedical and somatic rights, namely: violations of reproductive human rights (right to legal abortion, right to give birth at home), violation of consent to medical examination or treatment, violation of the rights of HIV-infected / serious diseases. Two main features of the introduction of bioethical standards in lawmaking are considered: ensuring a balance of interests (holism against individualism) and the application of the precautionary principle as one of the ethical principles. Conclusions. Despite the fact that the right to health refers to international human rights standards, the implementation of which is carried out at both national and international levels, at present, neither at the universal level nor at the regional level. levels do not create specialized international legal mechanisms for the protection of biomedical rights. In most cases, these rights are protected by recourse to the European Court of Human Rights for finding violations of the relevant articles of the European Convention on Human Rights and Fundamental Freedoms: the right to life, the prohibition of torture, and privacy.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

Does Self-isolation Violate the Right to Liberty? An Analysis of the European Court of Human Rights’ Practice in Light of the Ukrainian Experience

2020 ◽  
Vol 27 (4) ◽  
pp. 368-385
Author(s):  
Yana Litins’ka ◽  
Oleksandra Karpenko
Keyword(s):  
Human Rights ◽  
Stress Test ◽  
European Convention ◽  
Legal Systems ◽  
Human Rights Practice ◽  
Rapid Action ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right

Abstract COVID-19 became a stress-test for many legal systems because it required that a balance be found between rapid action to prevent the spread of the disease, and continued respect for human rights. Many states in Europe, including Ukraine, chose to enforce an obligation to self-isolate. In this article we review what the obligation to self-isolate entails in the case of Ukraine. We also analyse whether such an obligation should be viewed as a deprivation or a mere restriction of liberty, and if it is permissible under the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Hirsi Jamaa v. Italy. Application No. 27765/09

2013 ◽  
Vol 107 (2) ◽  
pp. 417-423 ◽  
Author(s):  
Irini Papanicolopulu
Keyword(s):  
Human Rights ◽  
European Convention ◽  
International Convention ◽  
European Court ◽  
The Status ◽  
Protection Of Human Rights ◽  
Grand Chamber ◽  
Effective Remedy ◽  
Maritime Search And Rescue ◽  
The Right

In a unanimous judgment in the case Hirsi Jamaa v. Italy, the Grand Chamber of the European Court of Human Rights (Court) held that Italy’s “push back” operations interdicting intending migrants and refugees at sea and returning them to Libya amounted to a violation of the prohibition of torture and other inhuman or degrading treatment under Article 3 of the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR or Convention), the prohibition of collective expulsions under Article 4 of Protocol 4 to the Convention, and the right to an effective remedy under Article 13 of the Convention. Hirsi Jamaa is the Court’s first judgment on the interception of migrants at sea and it addresses issues concerning the 1982 United Nations Convention on the Law of the Sea and the 1979 International Convention on Maritime Search and Rescue, as well as the 1951 Convention Relating to the Status of Refugees.

Some decisions of the European Court of Human Rights and the Court of the European Union con cerning the right of asylum

10.12737/5251 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 68-74
Author(s):  
Габриэлла Белова ◽  
Gabriela Belova ◽  
Мария Хаджипетрова-Лачова ◽  
Maria Hadzhipetrova-Lachova
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Protective Mechanisms ◽  
Eu Member States ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
The Eu

The authors analyze certain cases considered in recent years by the European Court of Human Rights and the Court of European Union in Luxembourg and associated with providing of asylum to the third country nationals. In individual EU member states there are huge differences in the procedures and protective mechanisms for asylum seekers in their access to work, as well as in the use of mechanism of forced detention. Due to accession of the EU to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the EU should comply the standards set by the Council of Europe. The authors analyze the new approach of the Strasbourg Court in decision MSS v. Belgium and Greece unlike other "Dublin" cases. They also consider certain new judgements of the Court of European Union in Luxembourg, some of which were accepted in order of urgent prejudicial production.

The European Court of Human Rights: Sabeh El Leil v. France

2012 ◽  
Vol 51 (1) ◽  
pp. 1-16
Author(s):  
Gilles Cuniberti
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
Sovereign Immunity ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right ◽  
Wrongful Dismissal

In Sabeh el Leil v. France, the European Court of Human Rights (‘‘ECtHR’’ or ‘‘the Court’’) ruled for the second time that a contracting state had violated the right to a fair trial afforded by Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘‘Convention’’) by denying access to its courts to an embassy employee suing for wrongful dismissal on the grounds that the employer enjoyed sovereign immunity. The ECtHR had first ruled so a year earlier in Cudak v. Lithuania, where the plaintiff was also an embassy employee.

scholarly journals Legal Regulation of Relations in the Field of Education

2019 ◽  
Vol 8 (4) ◽  
pp. 9035-9038
Keyword(s):  
Human Rights ◽  
Migration Policy ◽  
Case Law ◽  
Legal Regulation ◽  
European Convention ◽  
Right To Education ◽  
National Education ◽  
Education Legislation ◽  
European Court ◽  
The Right

The article analyzes the specifics of ensuring the protection of the right to education in case-law decisions of the European Court of Human Rights. The authors have found that there are problems in the current education systems both in Europe and Russia. These problems are solved in accordance with the case law created by the European Court of Human Rights making decisions to ensure the right to education. The authors have noted the main violations committed by governments or governmental bodies in its implementation. The authors have shown the correspondence of the norms of national education legislation of a number of European countries to the provisions of the European Convention on Human Rights. In this regard, the authors have concluded that today, the right to education in European states is not always respected due to migration policy and in the future, relations in this area will deteriorate.

scholarly journals Jawność postępowania sądowego w świetle Europejskiej konwencji praw człowieka

Radca Prawny ◽  
2021 ◽  
pp. 11-42
Author(s):  
Janusz Roszkiewicz
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Open Court ◽  
European Court ◽  
Protection Of Human Rights ◽  
Case Files ◽  
Court Proceedings ◽  
Polish Law ◽  
Definition Of ◽  
The Right

Openness of court proceedings in compliance with the European Convention on Human Rights The subject of this article is the right to open court proceedings as guaranteed in Article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms. The most important elements of this right are: the right to participate in a court hearing, the right to access to the case files and the right to acquaint with the ruling. This right applies not only to the parties to the proceedings, but also – albeit to a lesser extent – to every citizen. The text discusses the findings of the doctrine and the European Court of Human Rights, at times criticizing them especially with regard to the too narrow definition of the obligation to publicly announce the judgment. In addition, the article analyzes the extent to which the Polish law encourages openness in civil, criminal and judicial-administrative procedures.

scholarly journals Internet and freedom of expression in the case law of the European Court of Human Rights

2020 ◽  
Vol 54 (3) ◽  
pp. 1023-1042
Author(s):  
Ljiljana Mijović
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
The Internet ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
And Control

Internet as a means of communication, whatever the type of information it might be used for, falls within the exercise of the right to freedom of expression, as guaranteed by Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. As established in the European Court's case law, freedom of expression constitutes one of the essentials of a democratic society, therefore limitations on that freedom foreseen in Article 10 § 2 of the Convention are to be interpreted strictly. In order to ensure effective protection of one's freedom of expression on the Internet, States bear a positive obligation to create an appropriate regulatory framework, balancing the right to freedom of expression on one and the limitations prescribed in Article 10 § 2, on the other hand. Special attention in doing so is to be paid to the risk of harm posed by content and communications on the Internet to the exercise and enjoyment of other human rights and freedoms guaranteed by the European Convention, particularly the right to respect for private life. While it is the fact that the electronic network, serving billions of users worldwide, will never be subject to the same regulations and control, because of the national authorities' margin of appreciation, the European Court established commonly applicable general principles regarding the Internet as a media of exercising right to freedom of expression.

scholarly journals НЕКИ АСПЕКТИ ПРАВА НА СУДСКУ ЗАШТИТУ ЛИЦА СА МЕНТАЛНИМ СМЕТЊАМА У ПОСТУПКУ ЛИШЕЊА ПОСЛОВНЕ СПОСОБНОСТИ - ПРАКСА ЕВРОПСКОГ СУДА ЗА ЉУДСКА ПРАВА

TEME ◽  
2019 ◽  
pp. 581
Author(s):  
Dušica Palačković ◽  
Sanda Ćorac
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
Legal Capacity ◽  
Mental Disabilities ◽  
Persons With Disabilities ◽  
European Court ◽  
Key Concepts ◽  
Protection Of Human Rights ◽  
The Right

The paper analyzes certain important aspects of the procedural position of persons with mental disabilities in the procedures for deprivation of legal capacity. Regardless of the normative framework, both international and national, which largely protects the rights of this sensitive group of people, a significant number of cases before the European Court of Human Rights and decisions in which Contracting States are declared responsible indicate that there is a problem of their procedural position that is principally conditioned by applying (or not applying) the procedural safeguards provided by Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, or the right to a fair trial. Although this right is guaranteed for all civil and criminal procedures and for all persons, the special features of persons with mental disabilities also determine the particularities in the application of the right to a fair trial in the court procedures in which these persons are involved. Therefore, we could talk about formulated specific standards that essentially elaborate one of the key concepts of the UN Convention on the Rights of Persons with Disabilities - "reasonable adaptation", as well as a direct link to the need for a specific application of the already mentioned Article 6 of the European Convention. The standards that follow from the application of Article 6 are numerous and the analysis of all from the aspect of protecting the rights of persons with mental disabilities is not possible in the paper of this volume, and therefore, special attention was given to the right of these persons to initiate and conduct the procedures for deprivation of legal capacity, personal participation and representation in that procedures.

Asserting the Right to Life (Article 2, ECHR) in the Context of Industry

2007 ◽  
Vol 8 (3) ◽  
pp. 231-253 ◽  
Author(s):  
Dimitris Xenos
Keyword(s):  
Human Rights ◽  
Self Regulation ◽  
European Convention ◽  
Right To Life ◽  
Liberal Tradition ◽  
European Court ◽  
Active Protection ◽  
Protection Of Human Rights ◽  
The Right ◽  
First Time

In the liberal tradition, there has always been scepticism about the state's involvement in the activities of industry. Instead, internal measures by way of self-regulation and collective action have been preferred. In recognition of the reality that exclusive reliance on such solutions has not prevented violations of human rights, to which a high constitutional importance is attached, other arrangements have to be provided. In the system of the European Convention of Human Rights (hereinafter the Convention), positive obligations are imposed engaging the state in the active protection of human rights. The need to protect human rights against the hazards of industry has been the main issue in the case of Öneryildiz v. Turkey, in which, for the first time in the jurisprudence of the European Court of Human Rights (hereinafter the Court), a claim under the right to life (Article 2 of the Convention) has successfully been asserted in the context of industry.

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