The (lack of) impact of the European Court of Human Rights' judgement on the protection of political rights in Azerbaijan

2021 ◽  
pp. 9-29
Author(s):  
Palmina Tanzarella
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
European Court

The Idea of Human Rights in Conditions of Hospital Treatment

2016 ◽  
pp. 1147-1165
Author(s):  
Bogusław Sygit ◽  
Damian Wąsik
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
European Convention ◽  
Hospital Treatment ◽  
Political Rights ◽  
Human Rights Abuses ◽  
Cultural Rights ◽  
European Court ◽  
Definition Of ◽  
The Right

The aim of this chapter is describing of the influence of universal human rights and civil liberties on the formation of standards for hospital care. The authors present definition of the right to life and the right to health. Moreover in the section it is discussed modern standards of hospital treatment under the provisions of the International Covenant on Economic, Social and Cultural Rights: availability, accessibility, acceptability and quality. The authors discuss in detail about selected examples realization of human rights in the treatment of hospital and forms of their violation. During the presentation of these issues, the authors analyze a provisions of the International Covenant on Civil and Political Rights and European Convention on the Protection of Human Rights and Fundamental Freedoms and use a number of judgments of the European Court of Human Rights issued in matters concerning human rights abuses in the course of treatment and hospitalization.

Protection from poverty in the European Court of Human Rights

2019 ◽  
pp. 335-360
Author(s):  
Elena Pribytkova
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Political Rights ◽  
European Level ◽  
Economic Rights ◽  
The Poor ◽  
Adequate Food ◽  
European Court ◽  
Normative Basis ◽  
Judicial Protection

This paper analyses the practice of the European Court of Human Rights (ECtHR), which gives judicial protection to minimum socio-economic guarantees indispensable for freedom from poverty while addressing civil and political rights enshrined in the European Convention on Human Rights (ECHR). I explore the normative basis, scope, strategies, conditions and effectiveness of the ECtHR’s enforcement of basic socio-economic guarantees, such as access to adequate food, water, sanitation, housing, clothing, health, and social security. The paper examines the virtues and shortcomings of the ECtHR’s approach and discusses legal and political measures necessary to improve judicial protection of the poor in Europe. It shows the necessity of the elaboration of a systematic legal conception clarifying the content and scope of socio-economic guarantees of freedom from poverty protected by the ECHR as well as common standards of their judicial enforcement. At the same time, I advocate for the direct judicial protection of socio-economic rights at the European level. An essential political measure in this sense would be the expansion of the Court’s jurisdiction to the rights enshrined in the European Social Charter and the Revised European Social Charter.

The ECHR, the EU and the Weakness of Social Rights Protection at the European Level

2011 ◽  
Vol 12 (10) ◽  
pp. 1833-1861 ◽  
Author(s):  
Roderic O'Gorman
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
European Convention ◽  
Social Rights ◽  
Political Rights ◽  
Council Of Europe ◽  
Rights Protection ◽  
European Court ◽  
Reporting Mechanism ◽  
The Eu

Ever since the conceptual division of rights into three separate categories; civil, political and social, the legal status of social rights has been controversial. This divergence in views is illustrated by the decision of the Council of Europe in 1950 to protect civil and political rights through a judicial format where adherence to the European Convention on Human Rights (ECHR) was ensured by the European Court of Human Rights, whereas social rights were addressed separately through the European Social Charter (“Social Charter”), with merely a reporting mechanism to the European Committee of Social Rights.

scholarly journals THE RIGHT TO VOTE FOR NON-RESIDENT CITIZENS IN EUROPE

2016 ◽  
Vol 65 (4) ◽  
pp. 859-894 ◽  
Author(s):  
Richard Lappin
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
Human Right ◽  
European Court ◽  
Civil And Political Rights ◽  
Right To Vote ◽  
The Right ◽  
Political Right

AbstractThe right to vote is the most important political right in international human rights law. Framed within the broader right of political participation, it is the only right in the International Covenant on Civil and Political Rights not guaranteed as a universal human right but rather as a citizen's right. While limitations on the right to vote are permissible in respect of citizenship and age, residency-based restrictions are not explicitly provided. However, recent judgments of the European Court of Human Rights endorse a view that voting rights may be conditioned on residency on the grounds of an individual's bond to their country-of-origin and the extent to which laws passed by that government would affect them. This article questions this proposition and explores whether disenfranchisement based solely on residency constitutes an unreasonable and discriminatory restriction to the essence of the right.

scholarly journals NEPRUŽANJE ZDRAVSTVENE SKRBI KAO POVREDA ČLANKA 3. EUROPSKE KONVENCIJE S POSEBNIM OSVRTOM NA PRAKSU SUDA U PREDMETIMA IZVAN KONTEKSTA ZADRŽAVANJA

2021 ◽  
Vol 37 (2) ◽  
pp. 83-104
Author(s):  
Maša Marochini Zrinski ◽  
Karin Derenčin Vukušić
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Right To Health ◽  
European Convention ◽  
Political Rights ◽  
Right To Health Care ◽  
European Court ◽  
The Social ◽  
The Right ◽  
Political Character

The European Convention on Human Rights, as a main Council of Europe instrument for the protection of civil and political rights, does not guarantee the right to health care. However, the European Court of Human Rights broadly interprets Convention rights, and within the context of Articles 2, 3 and 8 of the Convention it gave certain indications that it might start dealing with the issue of health care. Without going into details of all the mentioned articles, this paper will analyse cases where the Court dealt with the issue of violation of Article 3 due to non-provision of health care outside the context of detention. Namely, within the context of detention, there is a clear obligation for states to provide health care, and the Court often relies on the reports of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. What we consider important to point out is the Court’s case-law on providing health care outside the context of detention, given the social character of the right to health care, which goes beyond the civil and political character of the Convention.

3. A legal right

2015 ◽  
Author(s):  
Raymond Wacks
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
European Convention ◽  
Political Rights ◽  
Human Right ◽  
The Right To Privacy ◽  
Individual Privacy ◽  
European Court ◽  
Us Supreme Court ◽  
The Right

Privacy is acknowledged as an essential human right, recognized by a number of international declarations, among which the European Convention on Human Rights and the International Covenant on Civil and Political Rights are the most significant. Interpreting these provisions, the European Court of Human Rights provides important guidance in respect of the attempt to balance privacy against competing rights and interests, and this is briefly discussed. Leading decisions of the courts of various jurisdictions illustrate the problems of definition and the attempt to balance privacy against other competing rights. Cases before the US Supreme Court have generated an enormous, divisive debate concerning, in particular, the subject of abortion, which the Court has conceived to be an element of the right to privacy. A discussion of the celebrated US Supreme Court judgement in Roe v Wade is fundamental to an analysis of the meaning and limits of individual privacy.

The Right to Compensation for Wrongful Conviction/Miscarriage of Justice in International Law

2019 ◽  
Vol 8 (2) ◽  
pp. 215-244
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Political Rights ◽  
Wrongful Conviction ◽  
European Court ◽  
Human Rights Treaties ◽  
Protection Of Human Rights ◽  
The Right ◽  
African Commission ◽  
Miscarriage Of Justice

Human rights treaties (including Article 14(6) of the International Covenant on Civil and Political Rights (iccpr); Article 3 of the Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms; and Article 10 of the American Convention on Human Rights) explicitly protect the right to compensation for wrongful conviction or miscarriage of justice. The African Charter on Human and Peoples’ Rights is silent on this right. The Human Rights Committee, the European Court of Human Rights, the African Commission on Human and Peoples’ Rights and the Inter-American Commission on Human Rights have developed rich jurisprudence on the ambit of the right to compensation for wrongful conviction or miscarriage of justice. States have adopted different approaches to give effect to their obligation under Article 14(6) of the iccpr. Relying on the practice and/or jurisprudence from States in Africa, Europe, North America, Asia, and Latin America and on the jurisprudence of the Human Rights Committee, the European Court of Human Rights, the Inter-American Commission on Human Rights and the African Commission on Human and Peoples’ Rights, the article illustrates the approaches taken by some States to give effect to Article 14(6) of the iccpr and the relevant regional human rights instruments.

The Idea of Human Rights in Conditions of Hospital Treatment

2016 ◽  
pp. 236-254
Author(s):  
Bogusław Sygit ◽  
Damian Wąsik
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
European Convention ◽  
Hospital Treatment ◽  
Political Rights ◽  
Human Rights Abuses ◽  
Cultural Rights ◽  
European Court ◽  
Definition Of ◽  
The Right

The aim of this chapter is describing of the influence of universal human rights and civil liberties on the formation of standards for hospital care. The authors present definition of the right to life and the right to health. Moreover in the section it is discussed modern standards of hospital treatment under the provisions of the International Covenant on Economic, Social and Cultural Rights: availability, accessibility, acceptability and quality. The authors discuss in detail about selected examples realization of human rights in the treatment of hospital and forms of their violation. During the presentation of these issues, the authors analyze a provisions of the International Covenant on Civil and Political Rights and European Convention on the Protection of Human Rights and Fundamental Freedoms and use a number of judgments of the European Court of Human Rights issued in matters concerning human rights abuses in the course of treatment and hospitalization.

Regulacje ograniczeń w zakresie noszenia symboli religijnych w ocenie Komitetu Praw Człowieka ONZ

2021 ◽  
Vol 3(164) ◽  
pp. 243-260
Author(s):  
Jacek Falski
Keyword(s):  
Human Rights ◽  
Critical Analysis ◽  
Political Rights ◽  
Religious Symbols ◽  
European Court ◽  
Civil And Political Rights ◽  
Reference Body ◽  
Regional Reference ◽  
Legal Force

The article provides a critical analysis of three individual notification opinions issued by the UN Human Rights Committee in July 2018 on the compatibility of existing regulations in States parties (France, Turkey) on bans on wearing religious symbols with the freedom to manifest religion guaranteed by Article 18 of the International Covenant on Civil and Political Rights. Moreover, the text points out the dichotomy – in terms of content – of positions on this issue between the universal body and the regional reference body (the European Court of Human Rights) and also addresses such systemic issues as the problem of legal force of the Committee’s opinions, the lack of dialogue or even isolationism of international bodies ruling on human rights, or the dispute over the primacy of their decisions.

The ties that bind: family and private life as bars to the deportation of immigrants

2012 ◽  
Vol 8 (2) ◽  
pp. 283-296
Author(s):  
Yaël Ronen
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Private Life ◽  
European Convention ◽  
Political Rights ◽  
Normative Framework ◽  
European Court ◽  
Fundamental Freedoms ◽  
Civil And Political Rights ◽  
Two Bodies

AbstractThis article analyses the way in which the use of the rights to family life and to private life has evolved as a bar to the deportation of immigrants. The analysis focuses on the jurisprudence of the European Court of Human Rights (ECtHR) with respect to the European Convention on Human Rights and Fundamental Freedoms, which uses a rights-based framework; and of the UN Human Rights Committee (HRC) with respect to the International Covenant on Civil and Political Rights, which uses a status-based framework. It notes the interaction between the two bodies and the attempt in each forum to modify its normative framework to follow the other's. The article further considers the implications of each normative framework for both integrated immigrants and other immigrants.

Sign in / Sign up

Export Citation Format

Share Document