scholarly journals In the Name of Anthills and Beehives: An inquiry into the concept of rights of nature and its reasoning

2020 ◽  
Vol 30 (1) ◽  
pp. 145-162
Author(s):  
Jingjing Wu
Keyword(s):  
Human Rights ◽  
Analytical Approach ◽  
Natural Rights ◽  
Fundamental Rights ◽  
Living Well ◽  
Legal Texts ◽  
Rights Of Nature ◽  
Integral Development ◽  
The Republic ◽  
Mother Earth

In this paper, I first investigate rights of nature legislation in Ecuador and Bolivia, namely the Constitution of the Republic of Ecuador 2008, Bolivia Law of the Rights of Mother Earth 2010, and the Framework Law of Mother Earth and Integral Development for Living Well 2012. I apply a two-pronged analytical approach to these legal texts, which investigates the characteristics of such rights and the logic of the supporting reasoning. By reading into the legal texts, I argue that: (a) the characteristic of rights of nature as codified in these legislation is human (fundamental) rights; and (b) the main reasoning to support such right-status is spiritual reasoning that is largely based on the indigenous cosmovision. I then turn to some iconic declarations on human rights and natural rights theories, which shows the concept of “human rights” is almost impenetrable when it comes to the idea of “human”. I conclude this paper by indicating that in order to give rights of nature a solid ground in our current legal systems, we have to rethink the ground of human rights.

scholarly journals Tajemnica adwokacka jako element realizacji prawa do sprawiedliwego procesu sądowego oraz prawa do poszanowania korespondencji

2021 ◽  
Vol 33 (2) ◽  
pp. 7-21
Author(s):  
Natalia Banach ◽  
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
Fundamental Rights ◽  
Moral Norms ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

The issue of exemption from the attorney-client privilege and the nature of this attorney-client privilege is widely discussed both in the literature on the subject and in the doctrine. In order to analyze this subject, it was necessary to interpret the provisions of the Law on the Bar Ac (26 May 1982), the provisions of the Code of Bar Ethics (23 December 2011) the Constitution of the Republic of Poland (2 April 1997), both guarantees enshrined in the Convention for the Protection of Human Rights and Fundamental Rights of liberty from 1950. The interpretation was made in conjunction with Polish case law common courts and case law of the European Court of Human Rights. This also presents the view of the polish Ombudsman’s Office. Given that the professional secrecy of lawyers is an inseparable element of justice, it would be wrong to omit the generally accepted moral norms of society in relation to the procedural role of a lawyer. The thesis put forward that the professional secrecy of lawyers is part of the implementation of the right to a fair trial and the right to respect for private life. The purpose of the work was to emphasize the essence of lawyers’ secrecy as an inseparable element of defense of the parties to the proceedings and to indicate interpretation differences between Polish courts and the case law of the European Court of Human Rights.

scholarly journals Who is Entitled to the Right to Respect for Family Life Under the European Union Law?

Teisė ◽  
2019 ◽  
Vol 110 ◽  
pp. 24-45
Author(s):  
Ingrida Danėlienė
Keyword(s):  
European Union ◽  
Human Rights ◽  
Family Life ◽  
National Level ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
European Union Law ◽  
The Republic ◽  
The Right

[full article, abstract in English; abstract in Lithuanian] The article investigates the right to respect for family life, established by Article 7 of the Charter of Fundamental Rights of the European Union, as applied and interpreted in conjunction with the right to marry and the right to found a family, laid down in Article 9 of the Charter. The standard of protection set by European Union law regarding these rights is identified by taking into account the standard of protection of the relevant rights established by the European Convention on Human Rights and the established case law of the European Court of Human Rights. Topical issues relating to the consolidation of these individual rights at the national level in the Republic of Lithuania are also addressed in the article. In doing so, an emphasis is laid on the content of the concepts of “family” and “family life” under supranational and national law.

scholarly journals LINGUISTIC HUMAN RIGHTS AND THE ROLE OF INTERPRETING: THE SLOVENIAN SITUATION

2017 ◽  
Vol 5 (5) ◽  
pp. 101
Author(s):  
Vojko Gorjanc ◽  
Alenka Morel
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
Power Imbalance ◽  
Linguistic Rights ◽  
Linguistic Human Rights ◽  
Account Information ◽  
The Republic ◽  
Sign Language Interpreting

To ensure linguistic rights as fundamental rights and the equal treatment of all before the law as well as in other social spheres, translation and interpreting are becoming a necessity; the regulation of this professional area, defined by society’s socially weakest members, is indicative of the level of democracy in a society. The article presents the Slovenian situation from the perspective of the need to ensure community interpreting, taking into account information gained by direct observation and interviews.The Constitution of the Republic of Slovenia generally guarantees linguistic rights in public settings, but their implementation depends on specific laws, thus ensuring and formally regulating interpreting only in court and asylum procedures, while no services are offered in general social and health care settings (except for sign language interpreting), resulting in a power imbalance in interpreter-mediated interactions where interpreting is managed through the improvisation and goodwill of all parties involved. The article ends with plans on how to improve the situation in Slovenia, considering that an integrated arrangement of community interpreting is necessary nowadays, respecting linguistic rights as basic human rights.

scholarly journals PROVISION OF EQUAL RIGHTS AND OPPORTUNITIES RELATING WITH LABOUR RELATIONS IN PUBLIC SECTOR

2015 ◽  
Author(s):  
Dalia PERKUMIENĖ ◽  
Rasa MERKIENĖ ◽  
Ozgur OGUZ
Keyword(s):  
Human Rights ◽  
Public Sector ◽  
Gender Equality ◽  
Fundamental Rights ◽  
Equal Opportunities ◽  
Equal Rights ◽  
Labour Relations ◽  
The Law ◽  
The Republic ◽  
The Individual

Human rights are one of the most popular topics in modern global communities. Therefore, the adoption of the Law of the Republic of Lithuania on Equal Opportunities and the establishment of the institution that governs the execution of this law is a significant legal step which permits to actually ensure the compliance of one of the most fundamental rights of the individual, i.e. non-discrimination on the basis of gender. Equality, being one of the fundamental principles of human rights, is governed by international contracts and legal acts of the Republic of Lithuania. The results of the questionnaires permit to claim that the administration of Kaunas district municipality pays too little attention to the provision of the information about the Law on Equal Opportunities of the Republic of Lithuania and amendments where of to the employees of Kaunas district municipality. Thus there are a lot of problems related to the provision of equal opportunities to the employees at work.

scholarly journals Le Droit À L’eau: Un Droit Fondamental Des Autres Droits De L’homme

2017 ◽  
Vol 13 (14) ◽  
pp. 96
Author(s):  
Ziad Tak
Keyword(s):  
Human Rights ◽  
Drinking Water ◽  
Health Services ◽  
National Level ◽  
Fundamental Rights ◽  
Water And Sanitation ◽  
Sanitation Services ◽  
Legal Texts ◽  
Access To Water ◽  
The Right

The right to water is a right for all and must be implemented in a nondiscriminatory manner in accordance with the conditions and limits laid down by some particular laws and regulations. In order to make the right to drinking water and sanitation a reality, water and sanitation services must be made affordable to the population as a whole. Property and access to other human rights such as the right to housing, food or health services should also be made available to the population. Internationally, several countries have recognized the right to drinking water and sanitation, but have not actually implemented it at the national level. The objective of this study is to show the importance of the implementation of the right to drinking water, so that it can be made available to all. Since the most widely traded studies on human rights were dominated by political and judicial character, I tried in this study to broaden the meaning of human rights and to provide more Rights. This is despite the fact that it has not been compensated by specific legal texts. As a result, the problem of the study is focused on water as a fundamental need of human, and access to water is part of its fundamental rights.

Square peg versus a round hole? The Necessity of a Bill of Rights for Workers

2020 ◽  
Vol 11 (2) ◽  
pp. 199-224
Author(s):  
Philippa Collins
Keyword(s):  
Human Rights ◽  
Analytical Approach ◽  
Current Approach ◽  
Fundamental Rights ◽  
European Convention ◽  
Round Hole ◽  
Bill Of Rights ◽  
Employment Relationships ◽  
Employment Rights ◽  
Existing Structure

The exercise of human rights is put at risk by the creation, conduct, and termination of employment relationships. For this reason, we often find that fundamental rights arguments are invoked in disputes between employers and workers and the mechanisms of labour and employment law are pressed to vindicate those rights through a process of ‘constitutionalisation’. Notably, the European Convention on Human Rights, through the doctrine of positive obligations, places important demands upon national legal systems, their legislators and their judges, to protect the rights of individuals against other private parties. Taking the law of dismissal in England & Wales as an illustrative example, this article argues that the current approach to safeguarding workers’ rights and complying with the Convention’s positive obligations is inadequate. Making adjustments to the existing structure of employment rights will always be insufficiently radical as those structures are ill-suited to performing this function, their limitations are systemic and furthermore the judiciary is unwilling to disrupt the established analytical approach. Instead, I propose and detail an alternative solution: introducing a Bill of Rights that would render the rights of the European Convention enforceable between worker and employer.

scholarly journals Moving Beyond Judicial Conflict in the Name of the Pre-Eminence of Fundamental Human Rights

2021 ◽  
pp. 331-335
Author(s):  
Valerio Onida
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Armed Forces ◽  
Fundamental Rights ◽  
State Immunity ◽  
International Court ◽  
The Republic ◽  
The Right ◽  
Judicial Protection ◽  
Right Of Access

AbstractSentenza 238/2014 can be criticized insofar as it seems to ground Italy’s refusal to comply with the Jurisdictional Immunities Judgment of the International Court of Justice on the basis of the right of access to a judge for the victims of the conduct of German armed forces during World War II. Indeed, the principle of state’s immunity to the civil jurisdiction of other states regarding the conduct of their own armed forces does not in itself breach a victim’s right of access to a judge, which theoretically in this case might also be granted by a German court. However, Sentenza 238/2014 has the merit of highlighting, in the specific case of the Italian Military Internees (IMIs), the violation of the victims’ right to an effective judicial protection of their fundamental rights, given that German jurisdictions excluded every reparation that favoured IMIs. Such fundamental rights must prevail over the international rules relating to state immunity because, according to the supreme principles of the Italian constitutional order and to international law itself, fundamental human rights violations related to crimes against humanity must benefit from an effective protection. The impasse between Italy and Germany should be solved through a new joint initiative between the two governments (carried out ideally under a common understanding of the two Presidents of the Republic), which should examine the applicants’ cases in order to grant them reparation. Though symbolic, such reparation will have an important moral dimension.

scholarly journals The role of the Palestinian police in protecting victims of crimes: دور الشرطة الفلسطينية في حماية حقوق ضحايا الجريمة

2021 ◽  
Vol 5 (14) ◽  
pp. 133-117
Author(s):  
Musab Omar Al-Hassan Taha, Wesam Mohammad Almeshal Musab Omar Al-Hassan Taha, Wesam Mohammad Almeshal
Keyword(s):  
Human Rights ◽  
Police Officers ◽  
Analytical Approach ◽  
Crime Victims ◽  
Community Interest ◽  
Legal Texts ◽  
General Investigation ◽  
Victims Of Crime ◽  
The Individual

This paper aimed to identify the role of the Palestinian police in protecting the rights of victims by informing the victims of their rights, and determining the victim's right to protection by the judicial police. The researchers used the descriptive and analytical approach based on legal texts related to the protection of the rights of crime victims. This research paper concluded with a set of results and the important results are protection the human rights is the only way to make the human responsive about his community, and the balance between the individual rights and freedoms, the country right, community interest and it’s security and stability is vital necessity. The evidence of Palestinian police Confirmed the rights of victims in protection, and their right of recognizing their roles and the procedures that must be followed in their issues. At the end the two researchers recommended that police officers, especially judicial officers and the General Investigation Department, should receive adequate training to make them aware of how to deal with victims of crime. And how to define the victim's needs, know the principles of providing appropriate and immediate aid, establish rules for listening to the victim's complaint, deal with it and help her, and the need to notify the victim of interest in his case, and to inform him that his presence at the police headquarters will bring him justice and fairness.

scholarly journals Pacienta autonomijas un integritātes aizsardzība tiesību aktos

2020 ◽  
Vol 3 (18) ◽  
pp. 28-42
Author(s):  
Aldis Lieljuksis
Keyword(s):  
Human Rights ◽  
Informed Consent ◽  
Criminal Law ◽  
Criminal Liability ◽  
Fundamental Rights ◽  
European Countries ◽  
Legal Norms ◽  
The Republic

Vairākās Eiropas valstīs – Polijā, Portugālē un Lihtenšteinā – paredzēta kriminālatbildība ne tikai par pacientam nodarītu kaitējumu veselības aprūpē, bet arī tad, ja ārstniecība veikta bez pacienta piekrišanas situācijās, kad tā bija nepieciešama, jo tādējādi ir prettiesiski aizskartas cilvēka pamattiesības. Pētījums veikts, lai noskaidrotu, kādās Latvijas Republikas Satversmes VIII nodaļas tiesību normās tiek garantēta personas autonomija un integritāte kā cilvēka pamattiesību neatņemama vērtība, kā arī ielasāma pacienta informētā piekrišana kā pacienta galvenais līdzeklis šo aizsargājamo interešu nodrošināšanā. Several European countries, for instance, Poland, Portugal and Liechtenstein, provide for criminal liability not only for harm to a patient in healthcare but also for treatment without the patient’s consent in situations where it was necessary because of an unlawful violation of fundamental rights. The study was conducted to find out which legal norms of Chapter VIII of the Satversme (the Constitution) of the Republic of Latvia guarantee autonomy and integrity of a person, as an integral value of fundamental human rights, as well as the patient’s informed consent as the patient’s main means of ensuring these protected interests. Whether the protection of these interests is sufficiently effective or should also be provided for in a separate provision of the Criminal Law will be clarified in another study.

Constitutional Orders of Non-Recognized Entities in Georgia and Ukraine. Can façade Constitutions Ensure Adequate Protection of Human Rights?

2020 ◽  
Vol 45 (1) ◽  
pp. 92-125
Author(s):  
Roman Petrov ◽  
Gaga Gabrichidze ◽  
Paul Kalinichenko
Keyword(s):  
Human Rights ◽  
Public Law ◽  
Fundamental Rights ◽  
European Law ◽  
Legal Systems ◽  
South Ossetia ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Republic ◽  
International Conventions

This article analyses the foundations of the constitutional and legal orders of selected non-recognized entities in Georgia and Ukraine, namely the so-called “Republic of Abkhazia”, the “Republic of South Ossetia” and the “Donetsk/Lugansk Peoples’ Republics”. Additionally, this article pursues the objective of clarifying whether the legal systems of these entities can ensure protection of the human rights and fundamental freedoms of their residents in line with standards of international public law and European law. It is argued that the constitutional orders of Abkhazia and South Ossetia and the Donetsk/Lugansk Peoples’ Republics are distinguished by a few undeniable similarities and “sources of inspiration”. Furthermore, residents of these entities experience similar problems regarding protection of their fundamental rights and application of international conventions on human rights.

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