scholarly journals Freedom through Online Education. Are We Safe Online?

2019 ◽  
Vol 8 (7) ◽  
pp. 69
Author(s):  
Kamila Danilovna Shaibakova
Keyword(s):  
Human Rights ◽  
Online Education ◽  
Freedom Of Expression ◽  
Human Rights Protection ◽  
The Public ◽  
Rights Protection ◽  
Transnational Companies ◽  
Social Media Platforms ◽  
State Actor ◽  
The Right

The article shed light on a problem of freedom of expression through Online Education. Nowadays, the intermediaries such as Facebook, Google, Twitter, etc. play crucial role in educating people. Their policies in addition to the governmental regulations could seriously affect the human rights. The extraterritoriality and non-state actor status of transnational companies are also problems when considering violation of human rights as legally transnational corporations cannot violate rights as non-state actors and have no obligation towards people. In addition, fake news and trolley factories became a true problem that claimed to be able to affect even elections. Moreover, they could affect the right to know and receive information which constitutes a part of the general right to freedom of expression. However, as recent examples show, social media platforms knowingly keep fake information despite the public announcement of human rights commitments. In addition, while claiming the dedication to the human rights protection, business still more interested in profit. 

Can Trade Liberalization Enhance Freedom of Expression? A WTO Perspective on Censorship

2012 ◽  
pp. 461-474
Author(s):  
Angelica Bonfanti
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Trade Liberalization ◽  
Intellectual Property Rights ◽  
Freedom Of Expression ◽  
The Other ◽  
Human Rights Protection ◽  
The Public ◽  
Rights Protection ◽  
The One

Pursuant to their WTO commitments, Member States shall liberalize trade in goods, services and intellectual property rights, without any exceptions apart from those expressly provided by the covered agreements. Among them is the public morals exception. This paper aims to assess whether the implementation of the WTO commitments may have the effect of removing the filters imposed by some States through censorship, and whether the liberalization of international trade may contextually function as a means for enhancing freedom of expression. In so doing the paper examines how the public morals exception should be interpreted when censorship measures, on the one hand, and human rights protection, on the other, are at stake.

scholarly journals Information Pollution in a Digital and Polarized World as a Challenge to Human Rights Protection – the Council of Europe’s Approach

2021 ◽  
Vol 46 (3) ◽  
pp. 7-26
Author(s):  
Alicja Jaskiernia
Keyword(s):  
Human Rights ◽  
Public Opinion ◽  
International Organizations ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Abusive Behaviour ◽  
The Right

Information pollution in a digitally connected and increasingly polarized world, the spread of disinformation campaigns aimed at shaping public opinion, trends of foreign electoral interference and manipulation, as well as abusive behaviour and the intensification of hate speech on the internet and social media are the phenomenon which concern international public opinion. These all represent a challenge for democracy, and in particular for the electoral processes affecting the right to freedom of expression, including the right to receive information, and the right to free elections. It is a growing international effort to deal with these problems. Among international organizations engaged to seek solutions is the Council of Europe (CoE). The author analyses CoE’s instruments, legally binding (as European Convention on Human Rights), as well of the character of “soft law”, especially resolution of the CoE’s Parliamentary Assembly 2326 (2020) Democracy hacked? How to respond? She exposes the need for better cooperation of international organizations and states’ authorities in this matter.

scholarly journals Freedom of thought in Europe: do advances in ‘brain-reading’ technology call for revision?

2020 ◽  
Author(s):  
Sjors Ligthart
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Freedom Of Expression ◽  
Legal Protection ◽  
Mental States ◽  
Human Rights Protection ◽  
Legal Context ◽  
Reading Technology ◽  
Freedom Of Thought ◽  
The Right

Abstract Since advances in brain-reading technology are changing traditional epistemic boundaries of the mind, yielding information from the brain that enables to draw inferences about particular mental states of individuals, the sustainability of the present framework of European human rights has been called into question. More specifically, it has been argued that in order to provide adequate human rights protection from non-consensual brain-reading, the right to freedom of thought should be revised, making it ‘fit for the future’ again. From the perspective of criminal justice, the present paper examines whether such a revision is necessary within the European legal context. It argues that under its current understanding, the right to freedom of thought would probably not cover the employment of most brain-reading applications in criminal justice. By contrast, the right to freedom of (non-)expression will provide legal protection in this regard and, at the same time, will also allow for certain exceptions. Hence, instead of revising the absolute right to freedom of thought, a legal approach tailored to non-consensual brain-reading could be developed under the already existing right not to convey information, ideas, and opinions as guaranteed under the freedom of (non-)expression. This might need to re-interpret the right to freedom of expression, rather than the right to freedom of thought.

The European Convention on Human Rights and International Public Order

2003 ◽  
Vol 5 ◽  
pp. 237-270
Author(s):  
Alexander Orakhelashvili
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Public Order ◽  
Human Rights Protection ◽  
The Public ◽  
Rights Protection ◽  
European Public ◽  
Essential Components ◽  
The Law ◽  
Definition Of

It is commonly assumed that the European Convention on Human Rights, being a treaty of specific nature, embodies elements of European public order. However, there seems to be no authoritative or generally accepted definition of the public order of Europe, of its essential components, and of its relationship with the notion of international public order. This article will examine these questions. In pursuing this goal, the law-enforcement resources accumulated within the European system of human rights protection will be examined in the context of interaction between the public order of Europe as part of the law of the European Convention, and international public order as part of general international law.

scholarly journals The Rights of Intersex Persons to Establish a Family under Albanian Law. Practice of the ECHR

2015 ◽  
Vol 5 (2) ◽  
pp. 137
Author(s):  
Dr.Sc. Jorida Xhafaj
Keyword(s):  
Human Rights ◽  
Family Relationships ◽  
Family Life ◽  
National Legislation ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Provisions ◽  
European Court ◽  
Definition Of ◽  
The Right

identity is the way in which a person is self-identified with a gender category, as for example to be female or male, or in some cases intersex, which is none of the distinguishable biological sexes. In principal, intersex persons are part of the society with their rights and obligations, which are not the same with those of the other members of society, in special areas of life.This paper aims to treat the right of intersex persons to marriage and to establish a family. The paper begins with an overview of definition of intersex persons, their rights, and focuses primarily on the right to establish a family.The right for a family life has found protection in the Albanian national legislation. The Constitution of theRepublicofAlbaniaof 1998 in its Article 53 stipulates that "everyone has the right to marry and have a family" establishing the principle of equality before the law, closely linked to the principle of non-discrimination. The legal provisions set a controversial position on the right to get married and to establish family relationships of the intersex persons, which is based on different arguments.For the purposes of the research, we aim also to compare the national legislation with the European principles and practice of the European Court of Human Rights (hereinafter referred as ECHR). The paper also includes the opinions and recommendations of Albanian institutions, as well as those of foreign ones, mainly European, in the area of human rights protection, and especially regarding the rights of the intersex persons.

scholarly journals A Brief Analysis on Human Rights from Hannah Arendt’s Criticism

2018 ◽  
Vol 28 (1) ◽  
pp. 95
Author(s):  
Janilce Silva Praseres ◽  
Marcelo Ramos Saldanha
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Hannah Arendt ◽  
Ethical Values ◽  
Legal Systems ◽  
Right To Life ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Individual ◽  
The Right

Abstract: human rights are a set of ethical values whose purpose is to protect and enable the realization of human dignity in its various dimensions and also prevent the reduction of the individual to the condition of object or, above all, the reduction of his condition as subject of rights, such as the right to life, freedom, security, equality. The universal character of human rights protection demonstrates some weaknesses, especially in the transposition into concrete legal systems, so what we propose is a brief analysis of human rights from Hannah Arendt.Uma Breve Análise Acerca dos Direitos Humanos a partir da Crítica de Hannah ArendtResumo: os direitos humanos são um conjunto de valores éticos que têm por finalidade proteger e possibilitar a realização da dignidade humana em suas várias dimensões e, ainda, impedir a redução do indivíduo à condição de objeto ou, sobretudo, a diminuição da sua condição na qualidade de sujeito de direitos, a exemplo o direito à vida, à liberdade, à segurança, à igualdade. O caráter universal de proteção aos direitos humanos demonstra algumas fragilidades, principalmente, na transposição para ordenamentos jurídicos concretos, assim, o que propomos é uma breve análise acerca dos direitos humanos a partir de Hannah Arendt.

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.

The European Convention on Human Rights and International Public Order

2003 ◽  
Vol 5 ◽  
pp. 237-270
Author(s):  
Alexander Orakhelashvili
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Public Order ◽  
Human Rights Protection ◽  
The Public ◽  
Rights Protection ◽  
European Public ◽  
Essential Components ◽  
The Law ◽  
Definition Of

It is commonly assumed that the European Convention on Human Rights, being a treaty of specific nature, embodies elements of European public order. However, there seems to be no authoritative or generally accepted definition of the public order of Europe, of its essential components, and of its relationship with the notion of international public order. This article will examine these questions. In pursuing this goal, the law-enforcement resources accumulated within the European system of human rights protection will be examined in the context of interaction between the public order of Europe as part of the law of the European Convention, and international public order as part of general international law.

Sign in / Sign up

Export Citation Format

Share Document