Human Rights to a Clean Environment: Procedural Rights

2013 ◽  
Author(s):  
Jona Razzaque
Keyword(s):  
Human Rights ◽  
Clean Environment ◽  
Procedural Rights

scholarly journals The Right to A Clean Environment: Considering Green Logistics and Sustainable Tourism

2020 ◽  
Vol 17 (9) ◽  
pp. 3254
Author(s):  
Dalia Perkumienė ◽  
Rasa Pranskūnienė ◽  
Milita Vienažindienė ◽  
Jurgita Grigienė
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Sustainable Tourism ◽  
Review Article ◽  
Integrative Review ◽  
Green Logistics ◽  
Review Analysis ◽  
Clean Environment ◽  
Complex Solutions ◽  
The Right

The globalization process has yielded various undesirable consequences for the environment and society, including increased environmental pollution, climate change and the exhaustion and destruction of resources. The influence of these processes makes it difficult to guarantee citizens’ rights to a clean environment, and the implementation of this right requires complex solutions. The aim of this integrative review article is to discuss the right to a clean environment, as it relates to green logistics and sustainable tourism, by analyzing various scientific and legal sources. Rethinking the possible solutions of green logistics for sustainable tourism, such as tourism mobilities, bicycle tourism, the co-creation of smart velomobility, walkability, and others, can help us also rethink how to balance, respect, protect, and enforce human rights in the present-day context of climate change challenges. The integrative review analysis shows the importance of seeking a balance between the context (the right to a clean environment), the challenge (climate change), and the solutions (green logistics solutions for sustainable tourism).

scholarly journals “Tatprovokation” – The Legal Issue of Entrapment in Germany and Possible Solutions

2019 ◽  
Vol 20 (4) ◽  
pp. 496-509
Author(s):  
Franziska Görlitz ◽  
Juliane Hubert ◽  
Jasmin Kucher ◽  
Moritz Scheffer ◽  
Patrick Wieser
Keyword(s):  
Human Rights ◽  
Police Officers ◽  
Federal Court ◽  
Legal Issue ◽  
European Convention ◽  
National Courts ◽  
European Court ◽  
Federal Court Of Justice ◽  
The Individual ◽  
Procedural Rights

AbstractIncitement by police officers is a well-known and often utilized police measure in the German investigation process. Yet, when it comes to prosecuting the perpetrators, a moral conflict arises. Should a State, bound by its own constitution and committed to protect its citizens, be allowed to incite or support a possible offender and afterwards judge on his or her wrongful actions? After Germany’s higher courts had to deal with multiple cases of entrapped perpetrators, there has been a strong debate about the admissibility, requirements, and consequences of entrapment within the German legal system. International and national courts as well as scholars represent different legal standpoints in this regard. In particular, the approaches of the European Court of Human Rights and the German Federal Court of Justice differ significantly in their results. As Germany ratified the European Convention on Human Rights and therefore has to adhere to the European Court of Human Rights’ ruling, an additional legal conflict arises. This article depicts and discusses the most relevant approaches to resolve this moral and legal conflict and satisfy both the need for effective prosecution and the procedural rights of the individual person subject to the act of entrapment. Additionally, recent legislative ambitions are presented.

Case-law of the European Court of Human Rights in juvenile cases. Selected cases

2019 ◽  
Vol 584 (9) ◽  
pp. 18-32
Author(s):  
Elżbieta Czyż
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Young Person ◽  
Fair Trial ◽  
European Countries ◽  
European Court ◽  
Court Proceedings ◽  
The Right ◽  
Procedural Rights ◽  
Entire Procedure

The right to a fair trial, rules on deprivation of liberty are important standards in the entire procedure of dealing with juveniles, from detention to the end of court proceedings. The judgments of the European Court of Human Rights cited in the article illustrate what are the problems with complying with this standard in practice in several European countries, including Poland. It seems that one of the reasons may be declarative, apparent treatment of the rights of child/juvenile, especially when it concerns procedural rights. Teaching a young person respect for the law and responsibility for his behaviour requires subjective treatment so that he can feel, on his own example, the operation of a system based on clear, predictable, understandable rules.

scholarly journals Concept of abuse of procedural rights: general theoretical analysis (based on the case-law of the European Court of Human Rights)

2021 ◽  
pp. 166-175
Author(s):  
Taras Pashuk
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fundamental Rights ◽  
European Convention ◽  
Judicial Interpretation ◽  
Judicial Practice ◽  
European Court ◽  
Wide Range ◽  
Restrictive Measures ◽  
Procedural Rights

The author analyses the concept of abuse of procedural rights with reference to the case-law of the European Court of Human Rights (ECtHR). In their applications to the ECtHR the applicants often claim that the violations the European Convention on Human Rights (the ECHR) were accompanied by various abuses by the domestic authorities. Such abuses may be of procedural nature and those matters are examined by the ECtHR quite often because the Convention is primarily aimed at protecting an individual from State arbitrariness. At the same time, the problem of abuse of procedural rights may arise before the ECtHR, when such acts were committed by an applicant. This aspect of the problem is being examined in the present article. In this regard the issue of abuse of procedural rights appears in the case-law of the ECtHR in the context of the complaints concerning the alleged violations of rights under the ECHR. This may happen when the State measures to address such a negative phenomenon (for example, penalty for the abuse of procedural right) may at the same time affect the fundamental rights under the Convention. Apart from that, this issue may arise in the context of the application of restrictive measures by the ECtHR itself due to applicants’ abuse of their right of individual petition to the ECtHR. The main features of the abuse of procedural rights arising from the case-law of the ECtHR are the following: (1) using the procedural right contrary to its purpose (in view of multiple purposes of human conduct, this condition implies the need to establish a dominant purpose in the procedural conduct of the person); (2) the presence of damage resulting from such procedural conduct; (3) the exceptional nature of such procedural conduct (implying the necessity to focus on the explicit and obvious facts of procedural abuses). The combination of these features should be used cumulatively in order to determine correctly the limits of applicability of this concept and distinguish it from other related concepts, such as legitimate use of procedural right, refusal to use the procedural right, good-faith mistake in procedural conduct. In addition, the lack of legislative regulation of this institution in the law on criminal procedure of Ukraine calls for the development of judicial practice under Article 185-3 of the Code of Administrative Offenses of Ukraine as regards the administrative liability for contempt of court. It is argued that the provisions of Article 185-3 of that Code, if given appropriate judicial interpretation, can cover a wide range of procedural abuses. Keywords: abuse of procedural right, realisation of subjective right, contempt of court.

scholarly journals Rights of Due Process in Civil Procedurs of Some Countries in the World an in Vietnam

2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Nguyen Van Quan ◽  
Nguyen Bich Thao
Keyword(s):  
Human Rights ◽  
Due Process ◽  
The United States ◽  
Civil Procedure ◽  
United States Constitution ◽  
Legal Science ◽  
The World ◽  
Fact Finding ◽  
The Right ◽  
Procedural Rights

Currently, civil procedure legal science in the world begins to study the application of fair procedural rights. Meanwhile, Vietnamese civil procedure legal science seems to pay attention to the proceedings instead of the procedural rights. In this context, the paper examines the application of rights of due process around the world and in Vietnam. From there, the author suggests a number of appropriate orientations in this area that Vietnam should apply in the near future in order to match the trend in the world and the reality of Vietnam. Keywords: Civil procedure, due process, rights of due process, human rights. References: [1] Rhonda Wasserman, Procedural Due Process: A Reference Guide to the United States Constitution, Greenwood Publishing Group, 2004.[2] E. Thomas Sullivan and Toni M. Massaro, The Arc of Due Process in American Constitutional Law, Oxford University Press, 2013.[3] Khoa Luật Đại học Quốc gia Hà Nội, Giáo trình Luật tố tụng dân sự Việt Nam, NXB. Đại học Quốc gia Hà Nội.[4] European Court of Human Rights (2013), Guide to Article 6: The Right to a Fair Trial (Civil Limb), http://www.echr.coe.int/Documents/Guide_Art_6_ENG.pdf.[5] C.H. Van Rhee & Alan Uzelac (eds.), Truth and Efficiency in Civil Litigation: Fundamental Aspects of Fact-Finding and Evidence-Taking in a Comparative Context, Intersentia, 2012, pp. 5-6.    

scholarly journals In Pursuit of Financial Justice: Local African Communities’ Quest for Legal Redress Against Business-Related Human Rights Abuses

2019 ◽  
Vol 7 (2) ◽  
pp. 55
Author(s):  
Laila Abdul Latif
Keyword(s):  
Human Rights ◽  
Local Communities ◽  
Human Rights Abuses ◽  
Clean Environment ◽  
The Right

Mining corporations in Africa stand accused of violating human rights. This article gives a voice to the plight suffered by local African communities in accessing justice to remedy the violation of their human rights as a result of the business activities of mining corporations. It focuses specifically on the right to access justice in order to ask whether the affected communities get a fair and effective share of financial remedies to mitigate against the violation of their rights to health, clean environment and property. It examines two separate and independent avenues through which local communities access justice and asks which of the two, judicial or non-judicial approaches, guarantee these local communities a right to be heard and a recourse to financial remedies.

Sign in / Sign up

Export Citation Format

Share Document