Nature-based solutions for flood mitigation on private land – human rights perspective 

2021 ◽  
Author(s):  
Katazyna Bogdzevic ◽  
Marius Kalinauskas
Keyword(s):  
Land Use ◽  
Human Rights ◽  
Land Use Planning ◽  
Public Interest ◽  
Financial Incentives ◽  
The State ◽  
Flood Mitigation ◽  
European Convention ◽  
General Interest ◽  
Private Land

<p>Nature-based solutions (NBS) for flood mitigation lately are becoming more and more popular. However, comparing to traditional grey infrastructure, NBS require more land, often – privately owned. This is why the question of implementation of NBS on private land needs to be addressed more thoroughly. There are different ways how to implement the NBS on private land. Those ways can be divided into "sticks", "carrots" and "sermons". The last two refer to "soft" measures, like financial incentives, payments for ecosystem services, knowledge sharing, and partnership for NBS. Whereas, "sticks" refer to coercive measures, which imply "a command-and-control strategy" and any behaviours contradicting "sticks" can be considered unlawful. In other words, "sticks" are the measures that restrict land-use or even deprive the owners of their land. Expropriation, land-use restrictions, and pre-emption rights are the best-known examples of "sticks". The land-owners have little room for manoeuvre if the state decides to apply "sticks". However, the powers of the state are also limited. One of such limitations derive from international law, to be precise – from provisions related to human rights protection. Article 1 of the Protocol No. 1 to the European Convention on Human Rights grants protection for the property rights and prohibits the authorities to deprive owners of their possession unless the public interest justifies it. The state can also control the use of property only if this is required by general interest. The European Court of Human Rights in its case-law for several times addressed the issue of property restrictions and expropriation due to implementation of environmental laws and land-use planning laws. The Court elaborated on such issues as the notion of "public interest", proportionality and lawfulness of measures adopted by the state. Those considerations can also be relevant for the implementation of NBS on private land. </p>

scholarly journals The European Convention on Human Rights Act 2003 – Ten Years On

2014 ◽  
Vol 3 (1) ◽  
pp. 61-96
Author(s):  
Ronagh JA McQuigg
Keyword(s):  
Human Rights ◽  
The State ◽  
European Convention ◽  
General Level ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact ◽  
The Relationship

The European Convention on Human Rights Act 2003 has now been in force in Ireland for ten years. This article analyses the Act itself and the impact which it has had on the Irish courts during the first decade of its operation. The use of the European Convention on Human Rights in the Irish courts prior to the enactment of the legislation is discussed, as are the reasons for the passing of the Act. The relationship between the Act and the Irish Constitution is examined, as is the jurisprudence of the Irish courts towards the interpretative obligation found in section 2(1), and the duty placed upon organs of the State by section 3(1). The article ends with a number of observations regarding the impact which the Act has had on the Irish courts at a more general level. Comparisons will be drawn with the uk’s Human Rights Act 1998 throughout the discussion.

Freedom of Religion in the Workplace

2021 ◽  
pp. 1-21
Author(s):  
Nedim Begović
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Case Law ◽  
Legal Framework ◽  
The State ◽  
European Convention ◽  
Freedom Of Religion ◽  
European Court

Abstract The article analyses the case law of the European Court of Human Rights on accommodation of Islamic observances in the workplace. The author argues that the Court has not hitherto provided adequate incentives to the states party to the European Convention on Human Rights to accommodate the religious needs of Muslim employees in the workplace. Given this finding, the author proposes that the accommodation of Islam in the workplace should, as a matter of priority, be provided within a national legal framework. In Bosnia and Herzegovina, this could be achieved through an instrument of contracting agreement between the state and the Islamic Community in Bosnia and Herzegovina.

The Importance of Planning and Politics

Suburb ◽  
2017 ◽  
Author(s):  
Royce Hanson
Keyword(s):  
Land Use ◽  
Land Use Planning ◽  
Public Interest ◽  
Political Leaders ◽  
Half Century ◽  
The Public ◽  
General Plan ◽  
Silver Spring ◽  
Political Economies ◽  
Traditional Land Use

This book concludes with a discussion of Montgomery County's contribution to understanding planning politics. Montgomery's experience highlights the complementary roles and reasoning processes of planners and politicians as they sought to act in the public interest. One of the most valuable lessons planners and political leaders can take from Montgomery's cases is the importance of persistence in land use policy. This is evident in the General Plan, the Agricultural Reserve, and Silver Spring. Furthermore, Montgomery shows that planning matters even if planning politics is hard. This conclusion argues that planning for the next half-century will require a fusion of traditional land use planning with a broader capacity for rethinking Montgomery's role in the metropolitan, state, national, and world political economies. It ends by speculating on the county's future.

21. Applications: prisoners’ rights

2021 ◽  
pp. 433-447
Author(s):  
Howard Davis
Keyword(s):  
Human Rights ◽  
The State ◽  
European Convention ◽  
Legal Knowledge ◽  
Key Points ◽  
Self Test ◽  
The Uk ◽  
Article 5 ◽  
The Impact ◽  
Domestic Law

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter considers the application of Convention rights in the field of prisoners’ rights; the impact of Convention rights on prisoners in the UK is considered. Prisoners remain within the protection of the European Convention on Human Rights, though the application of these rights will take their position into account. Prisoners’ rights include not only rights to the non-arbitrary loss of liberty (Article 5) and rights to fair procedures (Articles 5 and 6), but also not to be disproportionately denied the rights and freedoms in Articles 8–11. Imprisonment deprives individuals of their liberty and, therefore, is a public function for which the state is responsible under the Convention. The controversy over prisoners’ right to vote is discussed in Chapter 25.

15. Defamation

2021 ◽  
pp. 391-450
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Freedom Of Speech ◽  
European Convention ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
A Company

This chapter focuses on defamation which enables an individual (or, more controversially, a company) to prevent the publication of, or recover damages for, public statements which make, or are likely to make, people think less of them. At its heart is a balance between freedom of speech (protected under the European Convention on Human Rights and the Human Rights Act 1998) and the interests of an individual in the protection of their reputation. The chapter examines the Defamation Act 2013 and explains who can sue for, and be liable in, defamation, when a statement is ‘defamatory’ and innuendo. It also considers the defences of truth, honest opinion, publication in a matter of public interest and privilege. It concludes with a discussion of damages for defamation.

15. Defamation

2019 ◽  
pp. 380-438
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Freedom Of Speech ◽  
European Convention ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
A Company

This chapter focuses on defamation which enables an individual (or, more controversially, a company) to prevent the publication of, or recover damages for, public statements which make, or are likely to make, people think less of them. At its heart is a balance between freedom of speech (protected under the European Convention on Human Rights and the Human Rights Act 1998) and the interests of an individual in the protection of their reputation. The chapter examines the Defamation Act 2013 and explains who can sue for, and be liable in, defamation, when a statement is ‘defamatory’ and innuendo. It also considers the defences of truth, honest opinion, publication in a matter of public interest and privilege. It concludes with a discussion of damages for defamation.

22. The Right to Free Elections

2017 ◽  
Author(s):  
Bernadette Rainey ◽  
Elizabeth Wicks ◽  
Andclare Ovey
Keyword(s):  
Human Rights ◽  
Electoral Systems ◽  
Case Law ◽  
The State ◽  
European Convention ◽  
Democratic Legitimacy ◽  
Right To Vote ◽  
The Right

This chapter examines the protection of the right to free elections in the European Convention on Human Rights (ECHR). It discusses the provisions of Article 3 of Protocol 1 and highlights the increasing number of complaints of violations of this Article, which indicates that the Strasbourg Court is giving fresh emphasis to this provision as essential to the foundations of democratic legitimacy of the State. The chapter also discusses case-law on the nature of the legislature, electoral systems, the right to vote, and the right to stand for election.

scholarly journals Fault, knowledge and risk within the framework of positive obligations under the European Convention on Human Rights

2020 ◽  
Vol 33 (3) ◽  
pp. 601-620
Author(s):  
Vladislava Stoyanova
Keyword(s):  
Human Rights ◽  
The State ◽  
European Convention ◽  
Main Argument ◽  
European Court ◽  
Normative Considerations

AbstractThe European Court of Human Rights has consistently reiterated that positive obligations under the European Convention on Human Rights arise when state authorities know or ought to have known about the risk of harm. This article attempts to describe and assess the role of state knowledge in the framework of positive obligations, and to situate the Court’s approach to knowledge about risk within an intelligible framework of analysis. The main argument is that the assessment of state knowledge is imbued with normative considerations. The assessment of whether the state ‘ought to have known’ is intertwined with, first, concerns that positive obligations should not impose unreasonable burden on the state and, second, the establishment of causal links between state omissions and harm.

scholarly journals The right to private communication using telecommunication means: National and international legal aspects of protection

2019 ◽  
Vol 68 ◽  
pp. 01021
Author(s):  
Olexandr Panasiuk ◽  
Larysa Grynko ◽  
Anna Prokhazka
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Legal Aspects ◽  
The State ◽  
European Countries ◽  
European Convention ◽  
Private Communication ◽  
Criminal Proceedings ◽  
The Right ◽  
Case Basis

Today's challenges dictate the need to strengthen the national and international legal mechanisms for the protection of personal data and the right to private communication. However, considered rights are not absolute. Legitimate restriction of guaranteed rights is possible, since these means of communication are a powerful tool in the investigation and disclosure of hard/very hard crimes, including transnational ones, especially considering the terrorist threats to Ukraine and other European countries. The possibility of restricting human rights, arising from the guarantees enshrined in the European Convention on Human Rights and consistently enshrined in the ECHR, demands from the state the least compulsory guarantee while interfering with the rights of individuals – to act “in accordance with the law”. Law protection of personal data and right to privacy are researched in the context of peculiarities of conducting investigative (search), secret investigative (search) and other procedural actions in criminal proceedings, which concern access to some telecommunication means (e.g., smartphones). Taking into account different functional purposes of technical means of telecommunication, access and collecting of evidence contained therein, should be carried out on a case-to-case basis, in a different procedural form, considering specifics of telecommunication technologies in each particular case.

scholarly journals Separating Normalcy from Emergency: The Jurisprudence of Article 15 of the European Convention on Human Rights

2011 ◽  
Vol 12 (10) ◽  
pp. 1764-1785 ◽  
Author(s):  
Alan Greene
Keyword(s):  
Human Rights ◽  
National Security ◽  
The State ◽  
European Convention ◽  
State Of Emergency ◽  
Liberal Democratic ◽  
Imminent Danger ◽  
European Court ◽  
Tight Rope ◽  
Legal Document

The European Convention of Human Rights (ECHR) is as much a political as it is a legal document. The European Court of Human Rights (ECtHR) constantly walks the delicate tight rope between vindicating human rights and respecting the sovereignty of contracting states. This balancing act is particularly sensitive when a situation of “exceptional and imminent danger” exists. In such instances of national security the state may need to act in a manner beyond the parameters of normalcy in order to neutralize the threat and protect both itself and its citizens. Article 15 of the ECHR therefore allows states to derogate from its obligations under the convention when a state of emergency is declared. On foot of a notice of derogation, a state has more discretion and flexibility to act accordingly to respond to a threat without being constrained by its obligations under the treaty. However, it is also in these conditions that human rights are at their most vulnerable as the state's response may encroach severely on individuals' rights and the liberal-democratic order of the state.

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