scholarly journals Fundamental Human Rights Violations in European Union: An Overview

2021 ◽  
Vol 3 (2) ◽  
Author(s):  
Dr. Muhammad Arif Khan, Dr. Rizwana Jabeen, Safia A. Khan

This research piece is written on “Globalization and Fundamental Human Rights Violations in Europe”. It deals with very important issue of Human rights, violation being carried out in different kinds of its nature such as forcefully deport of immigrants from different European countries as like Italy, Greece. Moreover, a burning issue prevailing in most of the European countries in the recent times is the issue of wearing Hijab which means covering of Muslim women face with veil which is in most of the cases intolerable in European society. The significance of this topic stems from the fact that European continent was given Nobel Prize for peace in 2012 and keeping an eye that ward, Europe was supposed to be ideal continent for its inhabitants, but unfortunately for the last several years incidents of human rights violations are being noticed by  

Author(s):  
K. Gylka

The European Union (EU) is an economic and political union of 28 European countries. The population is 508 million people, 24 official and working languages and about 150 regional and minority languages. The origins of the European Union come from the European Coal and Steel Community (ECSC) and the European Economic Community (EEC), consisting of six states in 1951 - Belgium, France, Germany, Italy, Luxembourg and the Netherlands. These countries came together to put an end to the wars that devastated the European continent, and they agreed to share control over the natural resources needed for war (coal and steel). The founding members of ECSC have determined that this European project will not only be developed in order to share resources or to prevent various conflicts in the region. Thus, the Rome Treaty of 1957 created the European Economic Community (EEC), which strengthened the political and economic relations between the six founding states. The relevance of the topic stems from their desire of peoples and countries to live better. The purpose of the study is to identify the internal and external development mechanisms of European countries and, on this basis, to formulate a model of economic, legislative and social development for individual countries. The results of the study provide a practical guideline for determining the vector of the direction of efforts of political, economic, legislative, humanitarian, etc.


Author(s):  
Siuzanna Mnatsakanian

Conceptual approaches to defining the nature and the scope of interim measures implementation as an instrument of human rights protection at international and national level are analyzed. The widespread use of interim measures as international standard of urgent respond to alleged violations of human rights has not led to the implementation of the legal institute concerned at the national level. Accordingly, this analysis aimed at defining the grounds of interim measures as human rights protection instrument application to be used by the state as an immediate response to human rights violations and possible violations. European Court of Human Rights has a great practice of interim measures granting. Interim measures are granted by the Court only in clearly defined conditions, namely where there is a risk that serious violations of the Convention might occur. A high proportion of requests for interim measures are inappropriate and are therefore refused. Besides, interim measures are applied upon request of the applicant claiming about alleged violations of his or her human rights. At the national level interim measures should/may be granted upon request of the applicant or by the duty-bearer’s initiative to prevent possible human rights violations. The grounds of interim measures granting should also be defined – the best international practice should be used taking into account the Ukrainian context. Another core issue analyzed is defining duty-bearers – subjects enforced to grant interim to prevent abuse in the sphere concerned. It is obvious that court shall be the only authority to resolve the substantive case of alleged human rights violation. However, public and local authorities shall be enabled to grant interim measures to prevent the possible violations. With this, the scope and the sphere of its application at the national level shall be broader in comparison with the case law of the European Court of Human Rights.


2021 ◽  
Vol 2 (1) ◽  
pp. 1-15
Author(s):  
Sara Duodu

In 2005, Turkey entered into negotiations for membership with the European Union. Turkey has been an important strategic ally to the European Union in the Middle East, explaining the mutual desire for closer ties between the two. While these negotiations showed promise early on, it has become increasingly apparent that Turkish accession to the European Union will not come easily, if at all. Officially, the European Union cites Turkey’s shortcomings on issues such as human rights as the reason for the stall in negotiations. However, upon closer inspection, it is evident that there is more at play, particularly as the European Union has been inconsistent in their approach to addressing human rights violations. Member states such as Poland and Hungary, which have recent human rights violations, have not faced the same kind of condemnation that Turkey has from the leaders of the European Union. The reality is that the European Union is largely united by its shared Europeanness and Christianity. As a result, due to questions over Turkey’s Europeanness and its large Muslim majority, the European Union is apprehensive to afford it full membership. It can be said that the European Union has maintained that Turkish accession is still possible in order to continue reaping the strategic benefits from close relations with Turkey.


Hawwa ◽  
2011 ◽  
Vol 9 (1-2) ◽  
pp. 152-170 ◽  
Author(s):  
Annie Bunting

AbstractBy analysing the proposals contained in the report, “Promoting Women’s Rights Through Sharia in Northern Nigeria,” which was published by the Centre for Islamic Legal Studies at Ahmadu Bello University (ABU) in Zaria in 2005, this paper explores the complexities and consequences of a rights strategy grounded in “an authentic understanding of Sharia.” The paper argues that this strategy may further constrain the discourses of debate for Muslim women in northern Nigeria. It also discusses how the strategy privatizes responsibility for poverty eradication, and how it ignores competing languages of social change, including Nigerian and international women’s rights.


2016 ◽  
Vol 24 (2-3) ◽  
pp. 107-134 ◽  
Author(s):  
Jamil Ddamulira Mujuzi

Private prosecutions are one of the ways through which crime victims in many European countries participate in the criminal justice system. However, there seems to be a reluctance at the Council of Europe level to strengthen a victim’s right to institute a private prosecution. In a 1985 Recommendation, the Committee of Ministers stated that ‘[t]he victim should have the right to ask for a review by a competent authority of a decision not to prosecute, or the right to institute private proceeding.’ Later in 2000 in the Recommendation Rec (2000)19 on the role of public prosecution in the criminal justice system, the Committee of Ministers calls upon Member States to ‘authorise’ victims to institute private prosecutions. Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 is silent on private prosecutions. The dg Justice Guidance Document related to the transposition and implementation of Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 discourages private prosecutions. However, private prosecutions take part in many European countries. It is thus important to highlight some of the issues that have emerged from different European countries on the issue of private prosecutions. Case law from the European Court of Human Rights shows that private prosecutions take place in many European countries. This article, based on case law of the European Court of Human Rights, highlights the following issues with regards to private prosecutions: the right to institute a private prosecution; who may institute a private prosecution? private prosecution after state declines to prosecute; state intervention in a private prosecution; and private prosecution as a domestic remedy which has to be exhausted before a victim of crime approaches the European Court of Human Rights. The author argues that there is a need to recognise the right to private prosecution at the European Union level.


Author(s):  
Viktoriya Kuzma

This article presents the current issues in the law of international organizations and contemporary international law in general. It is pointed out that the division of international law into branches and institutions, in order to ensure the effective legal regulation of new spheres of relations, led to the emergence of autonomous legal regimes, even within one region, namely on the European continent. To date, these include European Union law and Council of Europe law. It is emphasized the features of the established legal relations between the Council of Europe and the European Union at the present stage. It is determined that, along with close cooperation between regional organizations, there is a phenomenon of fragmentation, which is accompanied by the creation of two legal regimes within the same regional subsystem, proliferation of the international legal norms, institutions, spheres and conflicts of jurisdiction between the European Court of Human Rights and the Court of Justice of the European Union. It is revealed that some aspects of fragmentation can be observed from the moment of establishing relations between the Council of Europe and the European Union, up to the modern dynamics of the functioning of the system of law of international organizations, the law of international treaties, law of human rights. Areas and types of fragmentation in relations between international intergovernmental organizations of the European continent are distinguished. One way to overcome the consequences of fragmentation in the field of human rights is highlighted, namely through the accession of the European Union to the Convention on Human Rights and Fundamental Freedoms 1950. Considerable attention has also been paid to defragmentation, which is partly reflected in the participation of the European Union in the Council of Europe’s conventions by the applying «disconnection clause». It is determined that the legal relations established between an international intergovernmental organization of the traditional type and the integration association sui generis, the CoE and the EU, but with the presence of phenomenon of fragmentation in a close strategic partnership, do not diminish their joint contribution into the development of the law of international organizations and contemporary international law in general. Key words: defragmentation; European Union; European Court of Human Rights; Convention on Human Rights and Fundamental Freedoms 1950; conflict of jurisdictions; «disconnection clause»; Council of Europe; Court of Justice of the European Union; fragmentation; sui generis.


2021 ◽  
Vol 4 (1) ◽  
pp. 108-116
Author(s):  
Mur-Hamida Sapaih Eldani

This paper specifically deals with the European Union and China Human Rights, Tiananmen, and Xinjiang. As a human rights promoter and protector, the EU turned its attention to the human rights violation issues in Tiananmen and Xinjiang. This work propels the readers to realize the EU’s efficiency and approach on human rights issues. By reviewing literature works related to the study’s theme, this review essentially examines the EU approaches in the post-Tiananmen and Xinjiang human rights dilemma. Also, it scrutinizes how the EU’s Human Rights differ from China and its impact on their human rights relationship. It indicates that the EU response during the post-Tiananmen and Xinjiang crisis was relatively weak and insufficient. Correspondingly, the diverse concept of human rights between the EU and China and their conflicting views lessen their human rights negotiations and decrease the chance of stable human rights relations.


Author(s):  
Nizam Safaraz

Abstract             Every human being has the rights to be protected from discrimination by any party, especially the act of gross human rights violations. In order to prevent this, the Security Council has a function to secure international peace and security from threats to international peace. One of the case that is becoming an international concern is the human rights violations on Rohingya by Myanmar Military. In its implementation, the UN Security Council can intervene a country known to violate human rights of its people, however the Security Council's intervention caused a controversy that questioned the validity of the intervention by Security Council. Thus, the purpose of this research is to find out whether the situation in Myanmar is valid for the UN Security Council to carry out humanitarian interventions. Accordingly, this research also analyzes legal measures by the UN Security Council in dealing with human rights violations in Myanmar. Keyword: Human Rights, Humanitarian Intervention, Rohingya, UN Security Council


Significance The news comes after Italy's government granted approval on June 11 for the sale of two Fincantieri FREMM frigates to Egypt for an estimated USD1.2bn, potentially as part of a much larger arms deal. Egypt was also Germany’s principal arms customer in the first quarter, with purchases worth EUR290.6mn. Impacts EU institutions will play a secondary role to member-state relations with Egypt. Egypt’s human rights violations will be met only by occasional expressions of concern by European countries. The Turkish intervention in Libya is moving France closer to Egypt. Russia will seek to add to its already expanding arms sales to Egypt.


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