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2021 ◽  
Vol 27 (3) ◽  
pp. 249-256
Georgiy D. Travin

This article analyses construction and application of the “good faith” concept by the European Court of Justice. Historically having played an important role in the national law of the EU member states the term functions with a similar but not identical purpose on the supranational level within the European Union law. Topicality of the referenced practices is based on the EU’s leading role in the general globalisation and unification of substantive law. After an analysis of the European Court of Justice judgements constructing EU Secondary law provisions which refer to “good faith” the role said construction plays in regulation of civil matters in the European Union as a supranational authority is outlined. Case law on matters concerning consumer protection and intellectual property are analysed and a conclusion on probability of applying foreign practices to Russian law is made.

A. A. Drozdov

The article substantiates the leading role of the right of private property in the economic system of a state with a market economy, and therefore points to the need to comply with increased guarantees of its protection. It also states that there are problems with the protection of property rights. Then the author substantiates the obligation for all Russian authorities of the legal positions of the Constitutional Court of the Russian Federation and the European Court of Human Rights. A comparative analysis of these positions and approaches to the protection of property rights leads the author to the conclusion that the goal of their harmonization has been partially achieved. In order to increase the effectiveness of the protection of rights, it is necessary to further implement the approaches of the European Court, which increase the guarantees of protection, into the Russian legal system, and it is also necessary to consider the issue of introducing point changes into Russian legislation taking into account these approaches.

Religions ◽  
2021 ◽  
Vol 12 (10) ◽  
pp. 864
Marcella Ferri

The paper is split into two parts. The first part starts with the analysis of Views adopted by the UN Human Rights Committee on Yaker and Hebbadi v. France cases concerning the French Act prohibiting the concealment of the face in public. These Views are then compared with the judgment S.A.S. v. France delivered by the European Court of Human Rights on a similar case. This comparison shows that the principle of non-discrimination and, in this vein, intersectional discrimination play a critical role in assuring the effective protection of Muslim women wearing religious clothing. Analysis of S.A.S. is completed by highlighting the most relevant weaknesses of religious minority protection in the case-law of the European Court of Human Rights. Some references are also made to freedom of religious clothing in the workplace, underling the critical role that can be played in this regard by the duty of reasonable accommodation. The second part identifies the most significant shortcomings characterizing the protection of religious minorities under European Union law. In conclusion, this paper tries to highlight which lessons can be learnt from the human rights system—examined in the first part—in order to strengthen minority protection in the EU.

Healthcare ◽  
2021 ◽  
Vol 9 (10) ◽  
pp. 1361
Fabian-Alexander Tietze ◽  
Marcin Orzechowski ◽  
Marianne Nowak ◽  
Florian Steger

The right to non-discriminatory access to healthcare is anchored in the European Convention on Human Rights and other international treaties or guidelines. Since its ratification, the European Convention on Human Rights was made binding in all Member States of the Council of Europe and is interpreted by the European Court of Human Rights (ECtHR). Despite its legal recognition, discrimination in healthcare provision has repeatedly been an issue of medicoethical and political consideration. In this context, minors are particularly in danger of being deprived of this fundamental right. The aim of this study is to analyze the current state of the ECtHR jurisdiction on challenges in accessing healthcare for minor patients. We conducted a systematic search of judgments by the ECtHR using the keywords “healthcare” and “child”. We performed descriptive statistics and qualitative thematic analysis. Our search resulted in n = 66 judgments, which were all screened. Access to healthcare for minors played a role in n = 21 judgments, which involved applications against n = 13 countries. We formed five, partially overlapping categories, which represent recurring themes regarding the research topic. These themes are governance failure (n = 11), the status of refugee, asylum seeker or migrant (n = 5), parental home (n = 5), maternity and birth (n = 4) and others (n = 2). The normative framework of the ECtHR’s jurisprudence illustrates intersections between social, legal and medicoethical aspects of minors’ discrimination in the healthcare system. It emphasizes the particular vulnerability of children, who require exceptional protection. Inadequate access to healthcare manifests itself in specific situations, such as in the context of migration or staying in public institutions. Healthcare professionals need to be sensitized for such discrimination mechanisms, as they are often at the forefront of encountering structural discrimination in the healthcare system.

Аndrew Medvid

The article compares the requirements for the lawful application of detention without a court decision as a criminal procedure established in Article 5 § 1 (c) of the Convention for the Protection of Human Rights and Fundamental Freedoms and in the second sentence of Article 29 part 3 of the Constitution of Ukraine. In particular, the content of the concept of "detention" of a person is studied, the list of subjects who have the right to detain a person without a court decision and the legal content and list of legitimate grounds for detention of a person without a court decision as a criminal procedure are studied and compared. Conventional, constitutional and criminal-procedural norms are also studied, as well as the necessity of mandatory further judicial review of the legality of the detention of a person, including the terms of such review. Based on a detailed analysis of these provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Constitution of Ukraine, relevant decisions of the European Court of Human Rights and the Criminal Procedure Code of Ukraine, it is established that the grounds for the detention of a person by a general entity, defined by paragraph 2 of Article 207 of the Criminal Procedure Code of Ukraine, and a special entity, defined by subparagraphs 1 and 2 (except subparagraph 3) of paragraph 1 of Article 208 of the Criminal Procedure Code of Ukraine, in general, correspond to the grounds for lawful detention of a person enshrined in Article 5 § 1 (c) of the Convention for the Protection of Human Rights and Fundamental Freedoms. Therefore, it cannot be qualified as unlawful interference with the human right to liberty and security of person. At the same time, proposals are formulated to make changes and additions to subparagraph 3 of paragraph 1 of Article 208 of the Criminal Procedure Code of Ukraine. It is also proved that the provisions of paragraph 2 of Article 12 and Articles 209 and 211 of the Criminal Procedure Code of Ukraine are critical provisions of the current legislation of Ukraine regarding the lawful application of detention of a person without a court decision. These provisions actually eliminate some shortcomings and establish the necessary legal and procedural grounds for the clarified application of the provision of the second sentence of part 3 of Article 29 of the Constitution of Ukraine, in accordance with the provisions of paragraph 3 of Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the practice of their application developed by the European Court of Human Rights.

Zoë Jay

This article focuses on the phenomenon of conflating the European Court of Human Rights with the European Court of Justice and European Union in British political and media discourse. Scholars of the European Court of Human Rights and Euroscepticism often acknowledge conflation, but rarely specify the forms it takes or its specific effects on British perceptions of the legitimacy of European institutions. This article identifies three main forms of conflation: muddled conflation, ambiguous conflation, and deliberate conflation. It shows that conflation can be both a symptom of deeper Eurosceptic disregard for the roles and purposes of distinct European institutions, and a deliberate rhetorical tool, intended to weaken the legitimacy of separate institutions by tying criticisms of one to the other. The article demonstrates that conflating the different Europes contributes to the persistence of Strasbourgsceptic narratives in the British political sphere by exacerbating pre-existing concerns and providing additional opportunities to raise them in public.

2021 ◽  
Vol 31 (Supplement_3) ◽  
Richard Harvey

Abstract This presentation explores the issues raised in the first presentation by examining current cases before European courts: (i) Union of Swiss Senior Women for Climate Protection v. Swiss Federal Council and Others. The application was rejected by the Swiss Federal Supreme Court on legal standing grounds - the heat stress-related aspects were not specific enough. The case has been appealed to the European Court of Human Rights. (ii) Youth for Climate Justice v. Austria, et al The European Court of Human Rights has dismissed a coordinated effort by 33 governments to overturn its October 2020 decision to fast-track the case. Governments had until May 27 2021 to submit their defences. The current status of both cases will be reviewed and the lessons for strategic litigation discussed.

2021 ◽  
Vol 39 (9) ◽  
Tatiana H. Fomina ◽  
Volodymyr I. Galagan ◽  
Zhаnnа V. Udovenko ◽  
Serhii Ye. Ablamskyi ◽  
Yana Yu. Koniushenko

This article aims at establishing and emulating the relevant issues surrounding the detention of person presumed of committing a criminal offense outside the territory of Ukraine in respect with the provisions adumbrated by the European Court of Human Rights. The study was conducted through the prism of national legislation and the relevant case law of the European Court of Human Rights. The issues of realization of the detainee's rights, including the right to protection, were considered separately. According to the results of the study, certain ways to improve the provisions of the Criminal Procedure Code of Ukraine have been formulated.

2021 ◽  
Vol 23 (130) ◽  
pp. 292-315
Mariane Morato Stival ◽  
Sandro Dutra e Silva

This article is about the relation between environmental protection and human rights. The right to healthy environment is directly related to the right to life, in its meaning quality of life. The right to the environment has been analyzed in an indirect and reflexive way in regional systems for the protection of human rights. The purpose of this study is to analyze the right to the urban environment in the jurisprudence of the Inter-American and European human Rights Systems. In the methodological context, the analysis will be made of the theory and international legislation of these regional systems on the environment, the jurisprudence analysis of the Inter-American Court of Human Rights, and the European Court of Human Rights on the urban environment. Possible contributions will be made by the European Court to the Inter-American Court of Human Rights for the extension of environmental protection in the urban context.

2021 ◽  
Vol 13 (3) ◽  
pp. 20-27
Halyna Savchyn ◽  
Vitalina Borovikova ◽  

The article is devoted to the research of current tendencies changes of the content of the right of citizenship under the influence of general integration processes and practices of European Court of human rights. The content of the right of citizenship is subjected under new tendencies assessment taking place in the process of realization of the Association Treaty between Ukraine and European Union. Analyzing the notion of citizenship in the context of Constitution, national legislature, European convention of citizenship differentiation of formal and legal status of an individual, legal relations between an individual and a state, combination of rights and duties according to the current tendencies of the conception of citizenship evolution are carried out. It’s indicated in the work that according to the current realization of the content of the right of citizenship it’s appropriate to maintain practical intention of regulation of legal nature and essence of absent nationality, improving of contextual and legislative principles concerning citizenship and legal identity of an individual in Ukraine as one of the basic constitutional human right. The right of citizenship, as institution of constitutional law, in recent years was proved as subjective right, changing owing to interpretation of citizenship by European Court of human rights within conventional rights and freedoms. At the same time a state, that is the subject of the definition of citizenship policy, regulates all spectrum of issues, connected with citizenship and derivative from above mentioned institution by national legislature. The sphere of citizenship minimally influenced by the norms of international law, that refers legal regulation of citizenship to the internal affairs of a state. A state owns the possibilities to determine a circle of citizens, correcting grounds of citizenship admission, setting restriction for citizens. The right of citizenship is a protection measure of possible behavior directing for the gratification of human interests, appeared in connection with acquirement, changing and outgoing of citizenship. The effectiveness of guarantees of the realization of right of citizenship in Ukraine consists of making legal guarantees that are contained in the norms of laws and depends on logic and systematic expediency, accurate focus and certainty relating specific subject and appropriate social relationship.

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