The EU, the ECHR and the Effective Protection of Human Rights for Individuals

2019 ◽  
Vol 4 (02) ◽  
pp. 213-237 ◽  
Author(s):  
Humberto CANTÚ RIVERA

AbstractAs of October 2018, 21 states have adopted National Action Plans on Business and Human Rights (NAPs), with several more in different phases of development. This is an important political step to raise awareness of the importance of intragovernmental policy coherence and of the need to move forward to prevent human rights abuses linked to business activity. However, despite the global intergovernmental support to such policy strategies, the actual effectiveness of NAPs needs to be called into question: do they represent progress, or are they a mirage to block possible avenues of development? Currently existing NAPs have done little (yet) to ensure more effective protection in key policy areas, including trade and investment, state-owned enterprises, and particularly in relation to legislative developments and access to remedy. This contribution seeks to analyse the merits of developing NAPs, the importance of ensuring they become only the very first step towards a more effective protection of human rights, and to question whether their importance needs to be adjusted to what they really are: policy tools with limited effects and with a politically linked time frame.


10.12737/5251 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 68-74
Author(s):  
Габриэлла Белова ◽  
Gabriela Belova ◽  
Мария Хаджипетрова-Лачова ◽  
Maria Hadzhipetrova-Lachova

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.


2012 ◽  
Vol 14 (2) ◽  
pp. 223-238 ◽  
Author(s):  
Sophie Lieven

Abstract The European Court of Justice clarified through this judgment the way in which the overloading of a Member States’ asylum system affects the EU arrangements for determining the Member State responsible for asylum applications lodged in the EU and thereby drastically reduced the possibility granted to Member States to transfer asylum applicants. The Member States now have an obligation to verify that no serious risk of violation of the Charter rights of the applicant exits in the receiving country before being allowed to transfer the person. The practical consequences of this ruling are still uncertain but further cooperation between Member States should be able to enhance the level of protection of human rights within the Common European Asylum System.


Author(s):  
Sanjay Kumar Yadav

Regional institution for the protection of human rights was born in order to overcome the weaknesses of universal institution for the protection of human rights. Regional institutions not only protected the human rights of the people in a effective manner but also give the rights to the individual to move against his own State for the violation of human rights. Regional institution also provide remedy to the individual when he does not get remedy from the national system for the protection of human rights. In Asia there is no regional institution for the protection of human rights. For effective protection and enforcement of human rights there is need to establish a regional institution in Asia.


Author(s):  
I. G. Dudko

The article examines the institution for the protection of human rights (ombudsman) operating in Canada, represented by a variety of bodies, officials, and the specifics of their powers. Particular attention is paid to the Canadian Human Rights Commission — a human rights state body within whose jurisdiction is exercised control over public administration and private companies at the federal level on discrimination issues, as well as the Canadian Human Rights Tribunal, which, according to the author, performs a quasi-judicial role in exercising jurisdictional control. The author comes to the conclusion about the formation of a two-stage mechanism that ensures more effective protection of human rights.The article thoroughly examines the legal and institutional features of the status and powers of human rights commissions and ombudsmen operating at the provincial and territorial levels. The study allowed the author to identify the following features of the institution for the protection of human rights (ombudsman) in Canada: the prevailing decentralization, which is expressed in the autonomy of the provinces and the Federation in the establishment and consolidation of the status of officials and bodies carrying out human rights activities; institutional plurality, characterized by a variety of structures (bodies, officials), the scope of their powers aimed at protecting human rights; development of specialization of state human rights institutions in various areas (discrimination, labor relations, housing and others); formation of a “local” model of the ombudsman in non-state corporations and institutions. The author proposes to use the experience of the Canadian Human Rights Tribunal when developing the concept of a human rights court in Russia.


Author(s):  
Antônio Walber Matias Muniz ◽  
Bianca Viana Thomaz ◽  
Taís Vasconcelos Cidrão

Resumo: Através de um estudo predominantemente bibliográfico acerca da correlação entre os institutos dos direitos humanos, da interculturalidade e da diplomacia cultural, o propósito primordial do presente trabalho é apresentar esta última como um instrumento de promoção do diálogo intercultural entre os povos. A escolha do tema adveio da necessidade impreterível da promoção e da proteção eficaz dos direitos humanos sem, contudo, desconsiderar as especificidades culturais de cada Estado. Busca-se superar a polêmica acerca da dicotomia "universalismo x relativismo cultural", propondo-se no seu lugar a interculturalidade. Tendo em vista que a cultura não deve ser utilizada como um empecilho à preponderância dos direitos humanos, tampouco pode ser aceita como uma imposição de valores. Dessa forma, a diplomacia cultural representa um instrumento ideal para a efetivação desse diálogo intercultural a fim de se alcançar uma confluência de chegada, e não de partida. A diplomacia cultural, por sua vez, é capaz de promover a compreensão mútua, a confiança e o respeito entre os povos e, assim, construir um engajamento internacional favorável entre os Estados e um diálogo sobre direitos humanos pautado no respeito e, sobretudo, na diversidade cultural. Defende-se aqui que a interculturalidade, sistematizada na hermenêutica diatópica, no respeito e na valorização da diversidade cultural, é a melhor forma de se propagar os direitos humanos sem causar conflitos secundários e inoportunos, sendo a diplomacia cultural um ótimo instrumento para alcançar esse propósito.  Abstract: Through a predominantly bibliographical study on the correlation between human rights, intercultural and cultural diplomacy, the main purpose of this paper is to present the cultural diplomacy as an instrument to promote intercultural dialogue among people. The choice of theme stemmed from the urgent need for the promotion and effective protection of human rights without, however, disregarding the cultural specificities of each State. It seeks to overcome the polemic about the dichotomy "universalism vs. cultural relativism", proposing instead the interculturality. Given that culture should not be used as a hindrance to the preponderance of human rights, it cannot be accepted as an imposition of values. In this way, cultural diplomacy represents an ideal instrument for the realization of this intercultural dialogue in order to reach a confluence of arrival, not departure. Cultural diplomacy, in turn, is capable of promoting mutual understanding, trust and respect among people and thus building a favorable international engagement among States and a human rights dialogue based on respect and, above all, on the cultural diversity. It is argued here that interculturality, systematized in diatopic hermeneutics, respect for and appreciation of cultural diversity, is the best way to propagate human rights without causing secondary and inopportune conflicts, and cultural diplomacy is an excellent instrument to achieve this.


Author(s):  
M V Danilina

The article considers the interaction of the Council of Europe, EU and Russia in the sphere of the protection of human rights and the promotion of democracy. The author uses an institutional method, soft power method and the open method of coordination (OMC). Based on research in the framework of the institutional approach the author found a direct competition between the EU and the Council of Europe, taking place in the areas of human rights and democracy building. In the author's view, the use of soft power and the spread of Russian values with respect to human rights and democracy in Europe could be a solution of the problem. In order to solve the global challenges in Europe, the Council of Europe, EU and the Russian Federation can use the open method of coordination, if not in the short term, then in the long term.


2016 ◽  
Vol 3 (1) ◽  
pp. 155-162
Author(s):  
N I Kostenko

In this paper, the author tries to analyze the main extracted from the work of the United Nations according to the rule of law in the States for the last fifteen years. The analysis shows that the rule of law and the approval of the rule of law in the States for the last fifteen years of experience - is fundamental to sustainable peace after conflict, for the effective protection of human rights. Keywords: problems of justice, the rule of law, the rule of law, peacekeeping operations, the UN standards.


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