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Is the Inter-American Human Rights System Biased? A Quantitative Analysis of Regional Human Rights Litigation in the Americas

References (alphabetical order) American Convention on Human Rights (Nov. 22, 1969). OAS Treaty Series No. 36. ARRIAGADA, Milenko B.G. The New Legitimacy Challenges of Adjudication at the Inter-American Human Rights System in the Context of Latin American Democracies . SJD dissertation, American University, 2015. BIRON, Carey L. Controversial Inter-American Reforms Process to Continue . [online]. Available at: < http://www.ipsnews.net/2013/03/controversial-inter-american-reforms-process-to-continue/ > BOYLE, Elizabeth H. and THOMPSON

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The Role of the European Court of Human Rights in Promoting Horizontal Positive Obligations of the State

References AKANDJJ-KOMBE, Jean-François. Positive Obligations under the European Convention on Human Rights. A Guide to the Implementation of the European Convention on Human Rights, Human Rights Handbook, 2007, No. 7, pp. 1-68 ALKEMA, Evert Albert. The Third-party Applicability or “Drittwirkung” of the European Convention on Human Rights. In MATSCHER, Franz, PETZOLD, Herbert (eds.). Protecting Human Rights: The European Dimension, Studies in Honour of Gerard J. Wiadra. Köln-Berlin-Bonn-München: CarlHeymanns Verlag KG, 1988, pp

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International Human Rights in Czech Legal Education

Summary

The paper presents novel data on international human rights in the Czech legal education. The importance of international human rights treaties and case-law of human rights bodies in the domestic practice gradually increases, therefore the students of Czech law schools should be familiar with the grounds of the sub-discipline, especially with the interpretative techniques used by international human rights bodies. The paper categorizes the approaches which the Czech law faculties employ as regards educating students in international human rights field and evaluates advantages and disadvantages of the approaches implemented by individual law schools. Finally, the paper identifies weak spots in Czech legal curricula and proposes some ideas for improvement.

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Serious Human Rights Violations – Eclipse or Mere Twilight of State Immunity?

Abstract

Presented article contributes to the extensive discussion over the mutual relationship between serious human rights violations (violation of ius cogens) and the law of state immunity. Th e structure of article derives from the argumentation presented by Germany and Italy in current dispute before the International Court of Justice. Author focuses his attention on delimitation of existing international legal framework and particularly on assessment of friction areas in German and Italian submissions. Three separate issues are analyzed: temporal, territorial and material.

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The Algorithm of the Margin of Appreciation Doctrine in Light of the Protocol No. 15 Amending the European Convention on Human Rights

Abstract

European Court of Human Rights applies the margin of appreciation doctrine in order to determine the level of its self-restraint and the latitude of free discretion of states when implementing their Convention obligations. The rationale behind this doctrine is that in certain cases, domestic bodies are in a better position than international judges to provide adequate protection to human rights. In this regard, they should be afforded a margin of appreciation. The Court subsequently only reviews, if the interferences contested by an individual fall within this margin or not. This doctrine was a subject of overwhelming critique because the European Court of Human Rights did not apply it transparently and consistently. Therefore the main goal of this article is to normatively construe an algorithm which could be taken into account by the European Court of Human Rights when applying the doctrine in order to prevent the mentioned critique.

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Less is More or More is More? Revisiting Universality of Human Rights

Abstract

Human rights are much talked about and much written about, in academic legal literature as well as in political and other social sciences and the general political debate. Indeed, they are so oft en referred to and used as a basis for claims of various kinds that there may be a risk of certain “inflation” in that so much is said to be a human right that the notion loses its essential meaning. Th is article argues that the universality of basic human rights is one of the values of the concept of rights. Th e rights and the understanding and interpretation of rights may have to be purist. Th is may be the way universal human rights as a concept can survive at all. In the modern world there are different trends that to some extent conflict, like the trend of globalisation but also the re- emphasising in different parts of the world of traditional values, whether from a religious background or something else. It appears that the basic dogma of human rights - which has also been called the first universal ideology - that it is the individual and her rights and freedoms that should always be in the centre of any human rights discourse, is abandoned all the more oft en as the central principle. Instead the banner of human rights is used for various political and economic aims

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Protection of Right to Environment in International Public Law

References ANTON, Donald, K., SHELTON, Dinah, L. Environmental Protection and Human Rights. Cambridge: Cambridge University Press, 2011. 1026 p. ISBN 978-0-521-74710-3. Birnie, Patricia, W., Boyle, Alan, E. International Law and The Environment. Oxford: Oxford University Press, 1994. 563 p. ISBN 0-19-876283-6. BIRNIE, Patricia, BOYLE, Alan, REDGWELL, Catherine. International Law and the Environment. Third Edition. New York: Oxford University Press 2009. 888 p. ISBN 978-0-19-876422-9. BOER, Ben. Environmental Law and Human Rights in

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Informed Consent and Euthanasia: An International Human Rights Perspective

Abstract

This Paper addresses the right to informed consent regarding euthanasia using international conventions and, to a lesser extent, national laws and policies. Spe­cifically, The United States, Belgium and the Netherlands will be examined. The Paper specifically discusses legal capacity, the right to consent and the right to information. Three stories are used to argue the importance of implementing effective safeguards for these rights and notes that these safeguards are necessary regardless of whether or not euthanasia is legalized in a state. This Paper also argues that patients should not be offered euthanasia for mental illnesses. The ethical debate surrounding whether euthanasia should be permitted generally is not discussed.

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The CJEU Crossing the Rubicon on the Same-Sex Marriages? Commentary on Coman Case

Bureš, Pavel. Human Dignity: An Illusory Limit For The Evolutive Interpretation Of The Echr? Amicus Curiae, Issue 110, Summer 2017 Dzehtsiarou, Kanstantsin. European Consensus And The Evolutive Interpretation Of The European Convention On Human Rights. German Law Journal 12, 2011 Sánchez Sara Iglesias. Purely Internal Situations And The Limits Of EU Law: A Consoli­dated Case Law Or A Notion To Be Abandoned? Euconst 14, 2018 Lenaerts, Koen. The Court Of Justice And The Comparative Law Method. Eli Annual Conference Eli

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Conscientious Objection in the Council of Europe

Abstract

The Parliamentary Assembly and the Committee of Ministers of the Council of Europe have been promoting the recognition of conscientious objection, mainly for military service but also in other domains, since the 1960s. However, for more than fifty years the precedents of the European Commission and the European Court of Human Rights repeatedly denied that conscientious objection could be found implicit in article 9 of the European Convention on Human Rights. In 2011 the Court changed its standpoint and energetically affirmed that conscientious objection, at least for military service, is a derivation of freedom of conscience and religion, and that European states are thus bound to incorporate it to their internal legislations.

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