scholarly journals Civil law enforcement of the rights of the patients with mental disorders: Ukrainian legislation and international practice

2020 ◽  
Vol 37 (65) ◽  
pp. 182-197
Author(s):  
Illya D. Shutak ◽  
Sergii O. Koroied ◽  
Mykhaylo M. Kovalskyy ◽  
Vitalii M. Makhinchuk ◽  
Maryna S. Briukhovetska
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Mental Disorders ◽  
Mental Disorder ◽  
Regulatory Policy ◽  
Civil Law ◽  
Medical Institution ◽  
Legal Literature ◽  
European Court ◽  
The Status

There is a need to determine the patient's condition in the process of establishing legal relationships with the medical institution, as well as guaranteeing their human rights. The issue of guaranteeing the rights of patients with mental disorders has become particularly acute, which has led to the relevance of this study. For this reason, the objective of the article is to determine the status of the patient with mental disorder in civil law relationships, between him and the medical institution by examining the respective legal literature, the jurisprudence of the European Court of Human Rights and the Acts. national and international legal. In the course of the study the following methods were used: dialectical, structural and systemic, analytical and synthetic, analytical and synthetic, comparative and legal, formal and legal, sociological. The study found that reform of existing legislation has led to a new regulatory policy in the area of healthcare. There are no specific rules in civil law that determine the status of the patient with a mental disorder, as well as the possibilities and methods of protection of their rights. Furthermore, mental health services, given their details, need to be further regulated at the legislative level.

scholarly journals ԱՇԽԱՏԱՆՔԱՅԻՆ ՎԵՃԵՐԻ ՔՆՆՈՒԹՅԱՆ ԵՎ ԼՈՒԾՄԱՆ ԴԱՏԱՎԱՐԱԿԱՆ ՊՐԱԿՏԻԿԱՆ / PROCEDURAL PRACTICE OF CONSIDERATION AND RESOLUTION OF LABOR DISPUTES

2021 ◽  
pp. 110-117
Author(s):  
A. Karakhanyan
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Point Of View ◽  
Labor Disputes ◽  
Foreign Experience ◽  
Legal Literature ◽  
European Court ◽  
Domestic Legislation ◽  
The Subject ◽  
The Law

Սույն հոդվածի ուսումնասիրության առարկան հանդիսանում է աշխատանքային վեճերի քննության և լուծման դատավարական պրակտիկան: Վերջինիս վերաբերյալ իրավաբանական գրականությունում առկա տեսագործնական պատկերացումները ներկայացվել և քննարկվել են ինչպես ոլորտը կարգավորող ներպետական օրենսդրության, այնպես էլ օտարերկրյա փորձի տեսանկյունից: Վերլուծության է ենթարկվել նաև Մարդու իրավունքների եվրոպական դատարանի իրավակիրառ պրակտիկան, որի շրջանակներում փորձ է կատարվել բացահայտելու Եվրոպական դատարանի՝ աշխատանքային վեճեր լուծելու իրավասության հարցը: / The subject of this article is the procedural practice of consideration and resolution of labor disputes. In the legal literature, theoretical and practical ideas about the latter were presented and discussed both from the point of view of domestic legislation regulating the sphere, and from the point of view of foreign experience. The law enforcement practice of the European Court of Human Rights was also analyzed, in which an attempt was made to disclose the issue of the jurisdiction of the European Court for the settlement of labor disputes.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

Bringing People Down

2021 ◽  
Vol 24 (3) ◽  
pp. 433-466
Author(s):  
John Vorhaus
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Corporal Punishment ◽  
European Convention ◽  
Human Beings ◽  
European Court ◽  
The Status ◽  
Relational Concept ◽  
Degrading Treatment ◽  
As If

Under Article 3 of the European Convention on Human Rights, degrading treatment and punishment is absolutely prohibited. This paper examines the nature of and wrong inherent in treatment and punishment of this kind. Cases brought before the European Court of Human Rights (the Court) as amounting to degrading treatment and punishment under Article 3 include instances of interrogation, conditions of confinement, corporal punishment, strip searches, and a failure to provide adequate health care. The Court acknowledges the degradation inherent in imprisonment generally, and does not consider this to be in violation of Article 3, but it also identifies a threshold at which degradation is so severe as to render impermissible punishments that cross this threshold. I offer an account of the Court’s conception of impermissible degradation as a symbolic dignitary harm. The victims are treated as inferior, as if they do not possess the status owed to human beings, neither treated with dignity nor given the respect owed to dignity. Degradation is a relational concept: the victim is brought down in the eyes of others following treatment motivated by the intention to degrade, or treatment which has a degrading effect. This, so I will argue, is the best account of the concept of degradation as deployed by the Court when determining punishments as in violation of Article 3.

Rights and Methods to Challenge Evidence and Witnesses in Civil Law Jurisdictions

2019 ◽  
pp. 839-864
Author(s):  
Lorena Bachmaier
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Civil Law ◽  
Trial Courts ◽  
European Court ◽  
Rules Of Evidence ◽  
The Cross

This chapter examines the primary grounds for challenging the admissibility of evidence, the methods to do it, and the potential consequences of those challenges for civil law systems. It first provides an overview of the jurisprudence of the European Court of Human Rights (ECtHR) with respect to admissibility of evidence, before discussing the exclusionary rules of evidence, focusing on the methods for excluding unreliable evidence, irrelevant or unnecessary evidence, and illegally obtained evidence. It then considers the process for challenging the admissibility of evidence, the cross-examination of witnesses, and the role of trial courts in the questioning of witnesses. It also tackles the admissibility of out-of-court witness testimonies in European civil law systems and notes the convergence between common law and civil law systems with regard to methods for excluding evidence and for questioning witnesses.

The Reception Process in Austria and Switzerland

2008 ◽  
Author(s):  
Daniela Thurnherr
Keyword(s):  
Human Rights ◽  
Early Stage ◽  
Case Law ◽  
Legal Order ◽  
The Other ◽  
Council Of Europe ◽  
Starting Position ◽  
European Court ◽  
The Status ◽  
The Common

This chapter discusses the reception of the ECHR in Austria and Switzerland. Topics covered include the accession and ratification of the ECHR in both countries, the status of the ECHR in national law, an overview of the activity of the European Court of Human Rights, and the ECtHR's case law and its effects on the national legal order. Although both countries joined the ECHR at a relatively early stage, this starting position led to different outcomes. The main reason is because the common denominators of neutrality and federalism in these two countries are actually rather small: as Austria follows a very different concept of neutrality, it did not face any (political) difficulties before and during the ratification process. Switzerland, on the other hand, was very reluctant to join the Council of Europe and careful to avoid any concessions with regard to neutrality.

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.

Problems and Challenges of the echr’s Extraterritorial Application to Law-Enforcement Operations at Sea

2015 ◽  
Vol 17 (4-5) ◽  
pp. 445-473
Author(s):  
Marta Szuniewicz
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Illicit Drug ◽  
Case Law ◽  
The State ◽  
Law Of The Sea ◽  
Effective Control ◽  
European Court ◽  
Extraterritorial Jurisdiction ◽  
Illicit Drug Trafficking

Recently the European Court of Human Rights has been challenged with questions concerning the scope of the State’s responsibility for violations of human rights that occurred on international waters. The complaints concern the international fight on illicit drug trafficking, piracy and illegal immigration. The analysed case law provides that occurrences on international waters constitute cases of extraterritorial jurisdiction and may engage responsibility of the State under the echr in the events that take place on board a vessel flying its flag (jurisdiction de iure) and in case of occurrences that happen on board foreign vessels, if the State exercises an effective control over a ship or its crew (jurisdiction de facto). Unfortunately, the Court’s findings prove difficult to follow in a few points as the judges applied the Strasboaurg standard too strictly, irrespective of the practical challenges of maritime law-enforcement operations and existing institutions of the law of the sea.

scholarly journals RESPECT FOR PRIVATE AND FAMILY LIFE UNDER ARTICLE 8 ECHR IN IMMIGRATION CASES: A HUMAN RIGHT TO REGULARIZE ILLEGAL STAY?

2008 ◽  
Vol 57 (1) ◽  
pp. 87-112 ◽  
Author(s):  
Daniel Thym
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Human Right ◽  
Human Rights Protection ◽  
Immigration Laws ◽  
European Court ◽  
The Status ◽  
Protection Of Human Rights

AbstractApplying the European Convention on Human Rights (ECHR) to immigration cases has always been a balancing exercise between the effective protection of human rights and the Contracting States' autonomy to regulate migration flows. In its recent case law, the European Court of Human Rights in Strasbourg (ECtHR) has considerably extended the protective scope of Article 8 ECHR by granting autonomous human rights protection to the long-term resident status independent of the existence of family bonds under the heading of ‘private life’. This has important repercussions for the status of legal and illegal immigrants across Europe, since the new case law widens the reach of human rights law to the legal conditions for leave to remain, effectively granting several applicants a human right to regularize their illegal stay. The contribution analyses the new case law and develops general criteria guiding the application of the ECHR to national immigration laws and the new EU harmonization measures adopted in recent years.

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