scholarly journals Judicial and Prosecutorial Independence in Europe: How Politicized Judges and Prosecutors Undermine the Right to a Fair Trial in Eastern Europe and Central Asia

2022 ◽  
pp. 235-260
Author(s):  
Stefanie Lemke
Keyword(s):  
Eastern Europe ◽  
Central Asia ◽  
Fair Trial ◽  
The Right

scholarly journals The attitudes towards LGBT people among workers delivering key public services: The first regional study in Central and Eastern Europe and Central Asia

2021 ◽  
pp. 126-145
Author(s):  
MAKSYM KASIANCZUK ◽  
OLESIA TROFYMENKO ◽  
MARIA SHVAB ◽  
VITALY DJUMA
Keyword(s):  
Eastern Europe ◽  
Central Asia ◽  
Social Workers ◽  
Central And Eastern Europe ◽  
Same Sex ◽  
Occupational Groups ◽  
Lgbt Community ◽  
Lgbt People ◽  
The Right ◽  
Lgbt Individuals

Public perceptions (particularly in post-communist societies) of the LGBT community and related issues have extensively been studied in recent years. Still, so far there is little information about how specific occupational groups view these people. The given research paper is intended to somewhat fill this gap by presenting a thorough description and analysis of findings from an empirical study focusing on the attitudes towards LGBT individuals among three occupational groups such as medical workers, social workers and the police. The relevance of the chosen topic is determined by the fact that a personʼs physical and mental health or even life may often depend on the quality and timeliness of services provided by these professionals. The above-mentioned study consisted of two cross-sectional surveys performed in 2017 and 2019. In total, approximately 1,500 persons (nurses, family practitioners, social care staff, patrol officers, etc.) from five countries of Central and Eastern Europe and Central Asia (Armenia, Belarus, Georgia, Kyrgyzstan, North Macedonia) took part in the two rounds of this study. Research toolkit included a questionnaire (designed by the authors for each occupational group) and the Bogardus social distance scale. Respondents were recruited through snowball sampling, which involved using personal and professional contacts. The survey data indicated the following: (a) the overall attitude of the aforementioned occupational groups towards LGBT people is somewhat positive; in addition, social workers are the most favourably disposed to the LGBT community while the police take a cautious approach to LGBT issues; (b) the overwhelming majority of respondents (except for police officers in Kyrgyzstan) believe that LGBT people should enjoy the same rights as the other citizens of their country; nevertheless, only a third of those surveyed hold the opinion that same-sex marriages should be permitted by law and about one fifth express support for the right of same-sex couples to adopt children; (c) women, residents of Belarus and North Macedonia, religiously unaffiliated respondents and those having an LGBT acquaintance exhibit greater tolerance for LGBT individuals than men, residents of Armenia, Georgia and Kyrgyzstan, those belonging to a particular religion and respondents without LGBT acquaintances; (d) during the period under study, a noticeable change in the attitude towards LGBT persons occurred in some subsamples: among Armenian healthcare workers, for example, there was a steep fall in support for the right of LGBT couples to marry. However, little or no change was recorded in other subsamples or in the whole sample: a slight growth in the overall percentage of respondents favouring the idea of LGBT parenting is a case in point. Although the samples of the countries in question are not nationally representative, the research results have a certain empirical value because they can be taken into consideration while developing programmes aimed at fostering tolerance in society and improving attitudes to LGBT people.

Preserving the Right to a Fair Trial: Examining the Prejudicial Value of Auditory Evidence

2012 ◽  
Author(s):  
Emily R. Edwards ◽  
Karen E. Mottarella ◽  
Shannon N. Whitten
Keyword(s):  
Fair Trial ◽  
The Right

Averting AIDS Crises in Eastern Europe and Central Asia

2003 ◽  
Author(s):  
Olusoji Adeyi ◽  
Enis Baris ◽  
Sarbani Chakraborty ◽  
Thomas Novotny ◽  
Ross Pavis
Keyword(s):  
Eastern Europe ◽  
Central Asia

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.

The Inviolability of Diplomatic Agents in the Context of Employment

2017 ◽  
Author(s):  
Lisa Rodgers
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
Employment Contracts ◽  
Domestic Servants ◽  
Recent Developments ◽  
Diplomatic Immunity ◽  
The Right ◽  
The Way

‘Ordinary’ employment contracts—including those of domestic servants—have been deemed to attract diplomatic immunity because they fall within the scope of diplomatic functions. This chapter highlights the potential for conflict between these forms of immunity and the rights of the employees, and reflects on cases in which personal servants of diplomatic agents have challenged both the existence of immunity and the scope of its application. The chapter examines claims that the exercise of diplomatic immunity might violate the right to a fair trial under Article 6 of the European Convention on Human Rights and the way in which courts have dealt with these issues. The chapter analyses diplomats’ own employment claims and notes that they are usually blocked by the assertion of immunity, but also reflects on more recent developments in which claims had been considered which were incidental to diplomatic employment (eg Nigeria v Ogbonna [2012]).

Does the Injunction Gap Violate Implementers’ Fair Trial Rights Under the ECHR?

2020 ◽  
Author(s):  
Léon E Dijkman
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
European Convention ◽  
The Past ◽  
European Court ◽  
The Subject ◽  
The Right ◽  
Federal Supreme ◽  
Validity Of A Patent

Abstract Germany is one of few jurisdictions with a bifurcated patent system, under which infringement and validity of a patent are established in separate proceedings. Because validity proceedings normally take longer to conclude, it can occur that remedies for infringement are imposed before a decision on the patent’s validity is available. This phenomenon is colloquially known as the ‘injunction gap’ and has been the subject of increasing criticism over the past years. In this article, I examine the injunction gap from the perspective of the right to a fair trial enshrined in Art. 6 of the European Convention on Human Rights. I find that the case law of the European Court of Human Rights interpreting this provision supports criticism of the injunction gap, because imposing infringement remedies with potentially far-reaching consequences before the validity of a patent has been established by a court of law arguably violates defendants’ right to be heard. Such reliance on the patent office’s grant decision is no longer warranted in the light of contemporary invalidation rates. I conclude that the proliferation of the injunction gap should be curbed by an approach to a stay of proceedings which is in line with the test for stays as formulated by Germany’s Federal Supreme Court. Under this test, courts should stay infringement proceedings until the Federal Patent Court or the EPO’s Board of Appeal have ruled on the validity of a patent whenever it is more likely than not that it will be invalidated.

Procedural fairness: Between human rights law and social psychology

2021 ◽  
pp. 092405192199274
Author(s):  
Cathérine Van de Graaf
Keyword(s):  
Human Rights ◽  
Procedural Justice ◽  
Well Being ◽  
Fair Trial ◽  
European Convention ◽  
Public Confidence ◽  
Social Psychological ◽  
Justice Research ◽  
The Right ◽  
The Impact

Fair procedures have long been a topic of great interest for human rights lawyers. Yet, few authors have drawn on research from other disciplines to enrich the discussion. Social psychological procedural justice research has demonstrated in various applications that, besides the final outcome, the manner in which one’s case is handled matters to people as well. Such research has shown the impact of procedural justice on individuals’ well-being, their acceptance of unfavourable decisions, perceptions of legitimacy and public confidence. The ECtHR has confirmed the desirability of these effects in its fair trial jurisprudence. Thus far, it remains unclear to what extent the guarantees offered by Article 6(1) of the European Convention on Human Rights (the right to a fair trial) coincide with the findings of empirical procedural justice research. This article aims to rectify this and uncover similarities between the two disciplines.

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