scholarly journals Digital Right Advocacy: Advocacy for Life in the Digital World

2021 ◽  
Vol 04 (12) ◽  
Author(s):  
Olusegun Femi Akeredolu ◽  
Keyword(s):  
Human Rights ◽  
Physical World ◽  
Fundamental Rights ◽  
Freedom Of Association ◽  
Legal Regime ◽  
Digital World ◽  
Nation States ◽  
World Markets ◽  
Physical Interactions ◽  
Right Of Access

One of the lessons taught by the Covid 19 epidemic experience is that the world physical streets, schools, markets, places of worship and other environments for human physical interactions could self-shutdown for months in order for man to preserve its existence. As the physical world was, literarily speaking, systematically shutting down in the year 2020, due to the rapid spreading of Covid 19, the digital world was gaining momentum, more citizens and expanding its usefulness and usage. Online streets where people could meet and interest were enlarged, many schools were opened in the digital world, markets became common feature online, places of worship became normal and meetings of all kind were held online, courts proceedings, movies premiere, dating, training… life simply moved into the digital world. This actuality unlined the importance of access to internet (as the door to the digital world) and instigated this article. This library-based research examines, in the main, the correlations between the basic human rights and right of access to the digital world via the internet. The study also suggests that right of access internet access encompasses the fundamental rights of freedom information, freedom of association and other basic human rights that are constitutionally protected by domestic laws of nations. The study also takes a peep at concept tagged as Internet of things (IoT), supports the debate that digital right is a distinct right that needs specific protection and argues that digital right enjoyment and enforcement are not limited to natural persons alone. The study concludes by emphasising the need to design international legal regime that will internationally protect the all-importance digital right of citizens from domestic interference by municipal authorities of nation states.

Is There a Right to Free Movement across Borders?

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
Individual Freedom ◽  
Freedom Of Association ◽  
Human Right ◽  
Freedom Of Movement ◽  
The Third ◽  
The Right ◽  
Logical Extension

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.

Fundamental Rights and the United Nations Financial Sanction Regime: The Kadi and Yusuf Judgments of the Court of First Instance of the European Communities

2006 ◽  
Vol 19 (3) ◽  
pp. 753-772 ◽  
Author(s):  
MIELLE BULTERMAN
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Reasoning ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Community Regulation ◽  
Court Of First Instance ◽  
Right Of Access

Under the UN sanctions regime of Resolution 1267, UN member states are obliged to freeze the assets of persons and entities which are associated with Usama bin Laden, and which therefore reason have been listed by the UN. Within the European Union this ‘UN sanctions list’ is implemented by means of a Community regulation, having direct effect in all EU member states. The regulation was challenged by several individuals and an organization, which were added to the UN sanctions list on the basis of their association with al Qaeda. The regulation was challenged on two grounds. First, the applicants claimed that the Community did not have the competence to adopt the contested regulation. In the second place, the applicants claimed that the Community regulation infringed their human rights (right to property, right of access to court). Thus the CFI was asked to determine to what extent it is competent indirectly to review measures adopted under the UN Charter. This delicate legal question is answered in a lengthy judgment, the legal reasoning of which is not always convincing.

Benkharbouche v. Embassy of the Republic of Sudan (Secretary of State for Foreign and Commonwealth Affairs and Others intervening)

2019 ◽  
Vol 180 ◽  
pp. 575-677
Keyword(s):  
Human Rights ◽  
International Law ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Customary International Law ◽  
State Immunity ◽  
Starting Point ◽  
Charter Of Fundamental Rights ◽  
Right Of Access

State immunity — Jurisdictional immunity — Embassy employment disputes — Domestic staff — Claims for infringement of employment rights — Whether claims barred by State immunity — State Immunity Act 1978 (“SIA”), Section 1 — Exceptions to immunity — Limitations to exceptions — Section 16(1)(a) of SIA — Section 4(2)(b) of SIA — Scope of immunity — Absolute immunity — Restrictive immunity — Whether starting point absolute or restrictive immunity — Distinction between jure gestionis and jure imperii — Customary international law — Whether rule of customary international law justifying Sections 4(2)(b) and 16(1)(a) of SIA — Whether United Kingdom having jurisdiction over respondent States — Whether Article 6 of European Convention on Human Rights, 1950 and Article 47 of Charter of Fundamental Rights of the European Union engagedDiplomatic relations — Immunity from jurisdiction — Embassy employment disputes — Domestic staff employed locally — Whether members of mission — Vienna Convention on Diplomatic Relations, 1961, Article 1 — Whether Section 16(1)(a) of SIA applicable to claimants — Whether employment of domestic staff of diplomatic mission an act jure gestionis — Whether State entitled to State immunity in proceedings against employer embassiesRelationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950, Articles 6 and 14 — Charter of Fundamental Rights of the European Union, Article 47 — Incorporation into English law — Sections 4(2)(b) and 16(1)(a) of SIA — Whether compatible — Whether Article 6 of European Convention engaged by claim to State immunity — Jurisprudence of European Court of Human Rights — Customary international law — Scope of State immunity — Whether starting point absolute or restrictive immunity — International Law Commission’s Draft Article 11 — United Nations Convention on Jurisdictional Immunities of States and their Property, 2004, Article 11 — Relevance — Whether Sections 4(2)(b) and 16(1)(a) of SIA having any basis in customary international law — Whether employer States entitled to immunity as regards claimants’ claims — Whether Sections 4(2)(b) and 16(1)(a) of SIA compatible with Article 6 of European Convention and Article 47 of EU CharterHuman rights — Right of access to court — State immunity — European Convention on Human Rights, 1950 — State Immunity 576Act 1978 — Claimants bringing proceedings against foreign States in relation to employment at embassy — Whether defendant States immune — Whether provisions of SIA barring claimants’ access to court — Whether recognition of immunity involving violation of right of access to courts — Whether infringement of Article 6 of European Convention and Article 47 of EU CharterHuman rights — Prohibition of discrimination — State immunity — European Convention on Human Rights, 1950 — Whether Section 4(2)(b) of State Immunity Act 1978 discriminating on grounds of nationality — Whether infringing Article 14 taken together with Article 6 of European Convention — The law of England

scholarly journals Moving Beyond Judicial Conflict in the Name of the Pre-Eminence of Fundamental Human Rights

2021 ◽  
pp. 331-335
Author(s):  
Valerio Onida
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Armed Forces ◽  
Fundamental Rights ◽  
State Immunity ◽  
International Court ◽  
The Republic ◽  
The Right ◽  
Judicial Protection ◽  
Right Of Access

AbstractSentenza 238/2014 can be criticized insofar as it seems to ground Italy’s refusal to comply with the Jurisdictional Immunities Judgment of the International Court of Justice on the basis of the right of access to a judge for the victims of the conduct of German armed forces during World War II. Indeed, the principle of state’s immunity to the civil jurisdiction of other states regarding the conduct of their own armed forces does not in itself breach a victim’s right of access to a judge, which theoretically in this case might also be granted by a German court. However, Sentenza 238/2014 has the merit of highlighting, in the specific case of the Italian Military Internees (IMIs), the violation of the victims’ right to an effective judicial protection of their fundamental rights, given that German jurisdictions excluded every reparation that favoured IMIs. Such fundamental rights must prevail over the international rules relating to state immunity because, according to the supreme principles of the Italian constitutional order and to international law itself, fundamental human rights violations related to crimes against humanity must benefit from an effective protection. The impasse between Italy and Germany should be solved through a new joint initiative between the two governments (carried out ideally under a common understanding of the two Presidents of the Republic), which should examine the applicants’ cases in order to grant them reparation. Though symbolic, such reparation will have an important moral dimension.

scholarly journals Protection of Taxpayers’ Rights in the Romanian Legislation

2019 ◽  
pp. 109-118
Author(s):  
Ioana Maria Costea
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Legal Regime ◽  
Administrative Authority ◽  
European Context ◽  
Charter Of Fundamental Rights ◽  
Administrative Procedures ◽  
The Common ◽  
Legal Consequences

Our study will analyse, in national and European context, the normative and administrative dimensions of the taxpayers’ rights. Romanian legislation is generous in granting administrative rights to the taxpayer, especially in administrative procedures, such as communication with the administrative authority or tax control. The study will identify the legal regime of these rights and the legal consequences deriving from a possible breach. Romanian legislation also ensures a number of judicial rights, in accordance with the European Convention of Human Rights and the European Charter of Fundamental Rights. The judicial rights are at the centre of the study, especially in the cases when the procedure is mixed with criminal elements. However, a significant number of particularities of the tax procedure mutate the content of these rights, such as the object of the complaint, the access to a judge through a mandatory preliminary procedure. In this sense, taxpayers’ rights have a different dynamic than the rights granted in common civil or criminal procedures. Through these lenses, our study will generate an inventory of rights underlining their enforcement regime and their particularities as to the common regulation.

scholarly journals Libre determinación y consulta como bases de los derechos fundamentales de los pueblos indígenas en la jurisprudencia del Sistema Interamericano de Derechos Humanos = Free determination and consultation as a basis of the fundamental rights of the indigenous peoples in the jurisprudence of the Inter-American Human Rights System

2018 ◽  
pp. 2
Author(s):  
Enrique Francisco Pasillas Pineda
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Fundamental Rights ◽  
Culturally Appropriate ◽  
Minimum Standard ◽  
Modus Operandi ◽  
Derechos Humanos ◽  
Nation States ◽  
The Right

RESUMEN: El presente trabajo propone un análisis de los Derechos Fundamentales de los pueblos indígenas a la luz de los principios internacionales de Libre Determinación y Consulta Previa, como fundantes y presupuestos de los demás Derechos Indígenas. En consecuencia, se analiza el Derecho a la Consulta, que debe ser previa, libre, informada, de buena fe, culturalmente adecuada y con el propósito de obtener el consentimiento; donde todas éstas características son el estándar mínimo a cumplir en cualquier proyecto de desarrollo o extractivo que afecte a pueblos indígenas, por lo que debe explicarse también el extractivismo al interior de los estados-nación y su modus operandi, que ha provocado la existencia de zonas y regiones que algunos autores caracterizan como “estados de excepción” o estados de “de no-derecho”. El análisis propuesto contrasta las bases mencionadas con algunos casos llevados ante la jurisdicción del Sistema Interamericano de Derechos Humanos, cuya última fase descansa en las sentencias de la Corte IDH.ABSTRACT: The present paper proposes an analysis of the Fundamental Rights of the indigenous peoples in the light of the international principles of Free Determination and Prior Consultation, as foundations and budgets of the other Indigenous Rights. Consequently, the Right to Consultation is analyzed, which must be prior, free, informed, in good faith, culturally appropriate and with the purpose of obtaining consent; where all these characteristics are the minimum standard to be met in any development or extractive project that affects indigenous peoples, so the extractivism within the nation-states and its modus operandi, which has caused the existence of zones and regions that some authors characterize as "states of exception" or "non-right" states. The proposed analysis contrasts the mentioned basis with some cases brought before the jurisdiction of the Inter-American Human Rights System, whose last phase rests on the judgments of the Inter-American Court.PALABRAS CLAVE: Libre determinación y consulta, Derechos Fundamentales, pueblos indígenas. KEYWORDS: Free determination and consultation, Fundamental Rights, indigenous peoples.

Enforced Disappearances of Persons as a Violation of Jus Cogens: The Contribution of the Jurisprudence of the Inter-American Court of Human Rights

2012 ◽  
Vol 81 (4) ◽  
pp. 507-536 ◽  
Author(s):  
Antônio Augusto ◽  
Cançado Trindade
Keyword(s):  
Human Rights ◽  
Case Law ◽  
International Humanitarian Law ◽  
Access To Justice ◽  
Humanitarian Law ◽  
International Tribunal ◽  
Next Of Kin ◽  
Legal Regime ◽  
Jus Cogens ◽  
Right Of Access

The consolidation of the international regime of absolute prohibitions (belonging to the domain of jus cogens) of torture, summary and extra-legal executions, and enforced disappearances of persons has counted on the contribution of the case-law of contemporary international tribunals, such as, notably, the Inter-American Court of Human Rights (IACtHR). The jurisprudential construction of the IACtHR to this effect has taken place mainly in the period 1999–2004. The IACtHR began by addressing issues pertaining to its competence ratione temporis, duly distinguishing their bearing on responsibility and jurisdiction. The IACtHR singled out the aggravating circumstances surrounding enforced disappearances of persons, bringing about the enlargement of the notion of victim (comprising the next of kin). The IACtHR duly acknowledged and asserted the absolute prohibitions of jus cogens in the conformation of an international legal regime against grave violations of human rights and international humanitarian law (such as enforced disappearances of persons). The IACtHR became the first contemporary international tribunal, in this connection, to sustain that the enlarged material content of jus cogens encompasses nowadays the victims’ right of access to justice lato sensu, properly understood as the imperative of the realisation of objective or material justice.

scholarly journals The Joint Ministerial Decree (SKB) of Islamic Defenders Front (FPI): Quo Vadis The Rule of Law and Human Rights?

2021 ◽  
Vol 3 (2) ◽  
pp. 98-117
Author(s):  
Fradhana Putra Disantara
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Research Result ◽  
Fundamental Rights ◽  
Freedom Of Association ◽  
The Rule Of Law ◽  
Quo Vadis ◽  
The Government ◽  
The Right ◽  
Ministerial Decree

The freedom of association is one of the fundamental rights of a country.  However, in Indonesia, the problems regarding of the legitimacy and recognition of the right to freedom of association have become stronger after the issuance of a The Joint Ministerial Decree (SKB) regarding the dissolution of the Islamic Defenders Front (FPI). This research is a legal research. This research uses statutory and conceptual approaches by using primary and secondary legal materials. The two legal materials are inventoried in order to obtain a prescriptive legal analysis; as well as providing a holistic conceptual study of the legal issues discussed. The research result states that the dissolution of FPI by the government is an act that violates human rights, particularly the right to freedom of association. The government uses the doctrine of the militant democracy to dissolve FPI. Then, the dissolution of FPI by SKB contradicts by the principle of the rule of law. Therefore, the dissolution of FPI was not carried out through to the court. Therefore, it is necessary to follow up on the action against 'radical mass organizations' in the form of presidential regulations or government regulations as a derivative renewal of the regulations concerning mass organizations.

scholarly journals STATE IMMUNITY AND THE RIGHT OF ACCESS TO A COURT UNDER THE EU CHARTER OF FUNDAMENTAL RIGHTS

2016 ◽  
Vol 65 (1) ◽  
pp. 213-228
Author(s):  
Andrew Sanger
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Domestic Service ◽  
European Convention ◽  
State Immunity ◽  
Service Staff ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
Right Of Access ◽  
The Eu

AbstractThis article examines the application of the right of access to a court as guaranteed by Article 47 of the EU Charter of Fundamental Rights in cases involving State immunity. First, it considers the scope of the right of access to a court under the Charter, including its relationship with Article 6(1) of the European Convention on Human Rights, and the ways in which the Charter is given effect within UK law. Second, the article critically examines the Court of Appeal’s application of both Article 6(1) ECHR and Article 47 of the EU Charter in Benkharbouche v Sudan, a case brought by domestic service staff of foreign embassies based in London against Sudan and Libya respectively. It argues that the Court’s statement that the right of access to a court is not engaged in immunity cases because the court has no jurisdiction to exercise – an analysis which relies on Lord Millett’s reasoning in Holland v Lampen-Wolfe and the dicta of Lords Bingham and Hoffmann in Jones v Saudi Arabia – is erroneousness: the right of access to a court is always engaged in immunity cases because immunity does not deprive the courts of jurisdiction ab initio. The article also argues that contrary to the Court’s reasoning on Article 47 of the EU Charter, the right of access to a court does not need to have horizontal effect in a private between private parties: the right is always enforced against the forum State; it has indirect, not horizontal, effect.

scholarly journals Cases of the European Court of Human Rights significant for European integration of Ukraine: “Maidan judgments” concerning Ukraine, of 21 January 2021 (final on 21 April 2021)

2021 ◽  
Vol 7 ◽  
pp. 96-101
Author(s):  
Pavlo Pushkar
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Advisory Panel ◽  
The European Union ◽  
Freedom Of Association ◽  
Council Of Europe ◽  
Association Agreement ◽  
Structural Problems ◽  
Law And Justice

The present case commentary is focused on cases concerning the so-called Maidan events of 2013-2014. The commentary suggests that the cases at issue underline existence of the long-standing systemic and structural problems within the domestic legal system of Ukraine, which need to be resolved, notably in order to harmonise the legislative and institutional framework of protection of human rights with the requirements of the European human rights law, which incorporates both the European Convention of Human Rights and the EU Charter of Fundamental Rights. The cases touch upon a number of previously deficient legislative provisions and institutional practices. However, most importantly they underline the need to adopt legislation to regulate and ensure protection of freedom of association. Such demand is clearly ensuing from the case-law of the Court and its findings in specific cases as to the lack of coherent legislative framework for this right. The extensive Council of Europe expertise in the area covered by the judgments is surely of reference to the implementation measures – the CPT standards, Venice Commission recommendations, other elements, as well as the findings of the International Advisory Panel are all of relevance. Change is needed urgently as the problems identified in the judgments of the Court clearly fall within the rule of law and justice cooperation aspects of interaction not only with the Council of Europe, but also with the European Union, under the Association Agreement with Ukraine.

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