scholarly journals The Portuguese Charter of Human Rights in the Digital Age

2021 ◽  
pp. 85-105
Author(s):  
Domingos Miguel Soares Farinho
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Digital Age ◽  
Fundamental Rights ◽  
New Right ◽  
The Right

The paper carries out a legal appraisal of the recently approved Portuguese Charter of Human Rights in the Digital Age. It analyses its structure both as a human rights instrument and as Portuguese fundamental rights instrument focusing on new norms introduced in the system and redundant ones. In this latter case interpretation problems are highlighted, in particular when considering the Portuguese open clause of Article 16 of the Constitution that allows for fundamental rights approved by ordinary laws.  Finally, a specific new right is given special attention - the right to protection against disinformation – especially concerning its relation with the freedom of expression. The paper aims to show that the scope of the new provision would allow an unconstitutional restriction on the freedom of expression and that a valid norm must be determined by adequate balancing.

Political rights

2021 ◽  
pp. 263-270
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Public Service ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
Equal Access ◽  
Political Rights ◽  
The Public ◽  
The Right ◽  
As If

Political rights are often grouped with civil rights as if both adjectives apply to certain categories, and some fundamental rights, such as freedom of expression, can be described as belonging to both categories. But the concept of political rights has an autonomous meaning. It applies specifically to the democratic vision of human rights, encompassing the right to participate in government, the right to vote and the right to participate in government. Elections must be both genuinie and periodic, based upon universal and equal suffrage and by secret vote or an equivalent free voting procedure. Equal access to the public service is also comprised within political rights.

Public Morals and the European Convention on Human Rights

2014 ◽  
Vol 47 (3) ◽  
pp. 361-378 ◽  
Author(s):  
Roberto Perrone
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
European Convention ◽  
The Public ◽  
General Clause ◽  
Protection Of Human Rights ◽  
The Right

The protection of ‘morals’ appears frequently as a limitation on the exercise of fundamental rights, both in international covenants and in constitutional charters. The European Convention for the Protection of Human Rights is not an exception, and ‘public morals’ may be called upon to justify the restriction of several important rights granted by the Convention, such as freedom of expression or the right to respect for private and family life. To avoid arbitrary restrictions of these rights it is important to understand the meaning of this general clause. This article aims to suggest a reading of the ‘public morals’ clause that singles out its scope and its boundaries.

scholarly journals The Phenomenon of Human Rights from the Perspective of Islam and the West

2020 ◽  
Vol 2 (3) ◽  
pp. 1-7
Author(s):  
Abdullah Haqyar
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
Western World ◽  
Human Beings ◽  
Political Movement ◽  
The West ◽  
Philosophical Foundations ◽  
The Right

The phenomenon of human rights, in its contemporary sense, is not even ancient in Western thought, and it came from the context of a social and political movement in France, and the most important of the fundamental rights that collected under this title is the right to life, the right to liberty, the right to equality, the right to asylum, the right to freedom of expression, the right to freedom of opinion and religion, women's rights, the right to participate in social and political life, and the right to personal property. It is an established principle that the first condition for the exercise of these rights is their incompatibility with the rights of other human beings and their human rights. The philosophical basis of human rights in the West consists of three important principles: the principle of human dignity, equality and justice. But the difference between human rights in the West and Islam is that "God" is at the center of the Islamic worldview, while in the Western world the "man" is the central one, and man is the measure of all rights. A clearer interpretation of the two types of "God-centered" or "human-centered" ideas in the West is the predominance of human-centeredness and in Islam the predominance of God-centeredness. The philosophical foundations of human rights in Islam are the principle of human dignity, the principle of God-seeking, the principle of human immortality, and the principle of its developmental relation to the set of being.

scholarly journals Expression of opinion through Acts. A brief analysis of the Hungarian Constitutional Courts practice

2021 ◽  
Author(s):  
Szabolcs Stock
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
European Court ◽  
The Right

The aim of the article is to present how one can excercise their freedom of expression through acts. I focus ont the decisions of the Hungarian Constitutional Court, the European Court of Human Rights and the U. S. Supreme court. I analyze these decisions, and compare the fundamental rights that can collide, such as freedom of expression versus the right to property, which one should prevail when they come into collision. I also study how one can decide, whether the act should fall within the protected circle of the freedom of expression, or it should be penalized as a crime, or misdemeanor.

Privacy and Accountability of Public Figures

2014 ◽  
pp. 219-236
Author(s):  
Despina Kiltidou
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
European Countries ◽  
The Right To Privacy ◽  
National Courts ◽  
Public Figures ◽  
The Media ◽  
Principle Of Proportionality ◽  
The Right

Regarding the regular violation of the right of public figures to privacy by the media, through its jurisprudence, the European Court of Human Rights (ECtHR) imposes profound changes on European countries concerning the equilibrium between the fundamental rights of privacy and the freedom of expression in the media. The lack of violation of privacy in various European countries does not elicit unified solutions in case of damage as a result of breach of the right to privacy. Therefore, taking into account the particularities of national courts, it is evident that the court rules more objectively by investigating the facts on a case-by-case basis, within the margin of the principle of proportionality, creating a point of reference for national courts to follow and ensuring the protection of the freedom of expression, as initially established in the European Convention of Human Rights (ECHR). This chapter explores this.

Dissent in Eastern Europe: Rudolf Bahro's Criticism of East European Communism

1981 ◽  
Vol 9 (1) ◽  
pp. 105-116
Author(s):  
Wolfgang Schlauch
Keyword(s):  
Human Rights ◽  
Soviet Union ◽  
Eastern Europe ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
East European ◽  
The Soviet Union ◽  
Charter 77 ◽  
Eastern European Countries ◽  
The Right

Since the signing of the Final Act of the Conference on Security in Europe (CSCE) in Helsinki on August 1, 1975, the communist parties of Eastern Europe have been confronted with growing human rights movements from diverse individuals and groups. In the Soviet Union, so-called Helsinki Watch Committees were founded in 1976, in order to monitor the implementation of the Helsinki human rights provisions and those of the United Nations Universal Declaration of Human Rights. In Czechoslovakia, the human rights movement was coordinated by the publication of “Charter 77” in January 1977, which, like its counterpart in the Soviet Union, asked its government to comply with the Helsinki human rights provisions signed earlier by the Prague government. “Charter 77” has been signed by more than a thousand individuals, many of whom have been arrested or terrorized by the Secret Police. In Poland, the “Committee for the Defense of the Workers” (KOR) was founded after the June 1976 uprising of Polish workers in Ursus and Radom. The Committee's purpose was to provide legal and financial aid to those workers subjected to the Party's repression and physical terror for having participated in the June uprisings. KOR also criticized the government's violation of fundamental rights, such as the right to work, freedom of expression, and the right to participate in meetings and demonstrations. Again in 1980 during the Polish workers’ strikes, KOR under the leadership of Jacek Kuron assisted the strikers. They denounced the decline of the Polish Communist Party's credibility and the complete collapse of communication between rulers and the ruled. Even Hungary and Rumania have experienced the emergence of individuals and small groups who either want their governments to observe the human rights provisions, or who support human rights movements in other eastern European countries.

scholarly journals Liberdades de expressão e de informação em face da igualdade e dignidade humana: o caso Siegfried Ellwanger | Freedoms of speech and of information facing the of human equality and dignity: The case of Siegfried Ellwanger |

KPGT_dlutz_1 ◽  
2017 ◽  
Vol 31 (2) ◽  
pp. 329
Author(s):  
Gina Marcilio Pompeu ◽  
Rosa Julia Plá Coelho
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Freedom Of Expression ◽  
Federal Court ◽  
Fundamental Rights ◽  
Free Expression ◽  
Freedom Of Information ◽  
Hard Case ◽  
Human Rights Treaties ◽  
The Right

Resumo: Este artigo versa sobre os aspectos mais relevantes da regulação do direito fundamental de expressão e de informação e de sua colisão com outros direitos, no plano jurídico internacional e brasileiro. O estudo compila julgados dos Tribunais Internacionais e outros órgãos responsáveis pelo monitoramento de tratados de Direitos Humanos, com o escopo de apontar formas de solução para os conflitos de bens hoje existentes. Igualmente, discute a previsão e o tratamento dado à tais direitos no ordenamento constitucional brasileiro. Finalmente, analisa um hard case julgado pelo Supremo Tribunal Federal - caso Siegfried Ellwanger -, no qual a colisão entre os direitos protegidos se evidenciou, apontando a solução para o choque entre o direito de livre expressão e a dignidade humana. Palavras-chaves: Colisão de direitos fundamentais. Direitos humanos. Liberdade de expressão. Liberdade de informação. Igualdade. Dignidade humana. Abstract: This article deals with the most relevant aspects of the fundamental right of speech and of information and its collision with other rights, in the international and Brazilian juridical spheres. The study carried out in its context compiles rulings of the international tribunals and other bodies responsible for the monitoring of human rights treaties, with the purpose of pointing out ways of solving the conflicts of goods that exist today. It also discusses the prediction and treatment of such rights in the Brazilian constitutional order. Finally, it analyzes a hard case judged by the Supreme Federal Court (STF) (Siegfried Ellwanger’s case), in which the collision between the rights protected was evident, pointing out the solution to the clash between the right of free expression and human dignity. Keywords: Collision between fundamental rights. Equality. Freedom of expression. Freedom of information. Human dignity. Human Rights.

Recognition of a Person’s Rights and Ethical Fulfilment

2017 ◽  
Vol 4 (3) ◽  
pp. 33
Author(s):  
Vereno Brugiatelli
Keyword(s):  
Human Rights ◽  
Self Esteem ◽  
Private Life ◽  
Fundamental Rights ◽  
Ethical Life ◽  
Institutional Conditions ◽  
Level I ◽  
The Right ◽  
Forms Of Violence ◽  
Desperate Attempt

Man's ethical fulfilment often faces objective obstacles in the deprivation of rights. The negation of the recognition of certain fundamental rights, or worse, the radical misrecognition of man, which translates into different forms of violence, often artfully disguised both on an individual and collective level, produces devastating consequences in the private life of a person upsetting all forms of positive self-esteem. The recognition of human qualities, accompanied by the right to express and extend them, is an integral part of the ethical life of each individual and, at the same time, constitutes a fundamental moment in the construction of a responsible civilized community. In this dissertation, I aim to analyse the connection between ethical life and human rights in order to draw attention to the repercussions that the recognition and misrecognition of liberty produce with regard to man's ethical fulfilment. From this perspective, I intend to highlight the importance of the existence of favourable juridical and institutional conditions to ensure ethical fulfilment. At this level, I will underline that the deprivation of capabilities is often the main cause of the profound sense of discontent affecting individuals in their desperate attempt to realise a type of existence which corresponds to their ambitions.

Ensuring Reproductive Rights of Women in Nepal: Law and Praxis

2020 ◽  
Vol 4 (1) ◽  
pp. 41-62
Author(s):  
D. N. Parajuli
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Health Services ◽  
Reproductive Rights ◽  
School Curriculum ◽  
Fundamental Rights ◽  
Reproductive Health Services ◽  
Women And Girls ◽  
The Right ◽  
Health Rights

 Reproductive rights are fundamental rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world, but have a commonality about the protection, preservation and promotion of a woman‘s reproductive health rights. Reproductive rights include the right to autonomy and self-determination , the right of everyone to make free and informed decisions and have full control over their body, sexuality, health, relationships, and if, when and with whom to partner, marry and have children , without any form of discrimination, stigma, coercion or violence. The access and availability of reproductive health services are limited due to geography and other issues, non-availability and refusal of reproductive health services may lead to serious consequences. The State need to ensure accessibility, availability, safe and quality reproductive health services and address the lifecycle needs of women and girls and provide access of every young women and girls to comprehensive sexuality education based on their evolving capacity as their human rights, through its inclusion and proper implementation in school curriculum, community-based awareness program and youth led mass media. It is necessary for strengthening compliance, in a time-bound manner, with international human rights standards that Nepal has ratified that protect, promote, and fulfill the basic human rights and reproductive health rights in Nepal and also need to review standards and conventions that Nepal has had reservations about or those that have been poorly implemented in the country.

Standardy należytego uzasadnienia w świetle orzecznictwa Trybunału Konstytucyjnego i Europejskiego Trybunału Praw Człowieka

2014 ◽  
pp. 33-48
Author(s):  
Przemysław Florjanowicz-Błachut
Keyword(s):  
European Union ◽  
Human Rights ◽  
Due Process ◽  
Case Law ◽  
Fair Trial ◽  
Fundamental Rights ◽  
European Convention ◽  
European Court ◽  
Judicial Reasoning ◽  
The Right

The core function of the judiciary is the administration of justice through delivering judgments and other decisions. The crucial role for its acceptance and legitimization by not only lawyers, but also individulas (parties) and the hole society plays judicial reasoning. It should reflect on judge’s independence within the exercise of his office and show also judicial self-restraint or activism. The axiology and the standards of proper judicial reasoning are anchored both in constitutional and supranational law and case-law. Polish Constitutional Tribunal derives a duty to give reasoning from the right to a fair trial – right to be heard and bring own submissions before the court (Article 45 § 1 of the Constitution), the right to appeal against judgments and decisions made at first stage (Article 78), the rule of two stages of the court proceedings (Article 176) and rule of law clause (Article 2), that comprises inter alia right to due process of law and the rule of legitimate expactation / the protection of trust (Vertrauensschutz). European Court of Human Rights derives this duty to give reasons from the guarantees of the right to a fair trial enshrined in Article 6 § 1 of European Convention of Human Rights. In its case-law the ECtHR, taking into account the margin of appreciation concept, formulated a number of positive and negative requirements, that should be met in case of proper reasoning. The obligation for courts to give sufficient reasons for their decisions is also anchored in European Union law. European Court of Justice derives this duty from the right to fair trial enshrined in Articles 6 and 13 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. Standards of the courts reasoning developed by Polish constitutional court an the European courts (ECJ and ECtHR) are in fact convergent and coherent. National judges should take them into consideration in every case, to legitimize its outcome and enhance justice delivery.

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