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ASPECTS OF THE EVOLUTION OF HUMAN RIGHTS PROTECTION IN THE EUROPEAN UNION
NICOLAE PURDA
Challenges of the Knowledge Society , 2013,
Abstract: Human rights protection within the European Community and the European Union has developed judicially, the human rights being protected by the Community Courts as general principles of Community law. The Treaty of Maastricht and the Treaty of Amsterdam have codified the Community law within the area of human rights. The codification of European Union’s concept of human rights in a single document was realized by adopting the Charter of Fundamental Rights of the European Union, on 7 December 2000 in Nice, whose provisions acquired legally binding under the Treaty of Lisbon.
The procedure of involuntary hospitalization of persons with mental disorder in light of the human rights protection standards
Petru?i? Nevena
Temida , 2007, DOI: 10.2298/tem0703025p
Abstract: This paper is aimed at analyzing the procedure of involuntary hospitalization of persons with mental disorder. Considering the fact that enforced hospitalization interferes with the fundamental human rights and individual freedoms, the rules of involuntary hospitalization procedure have to provide for the legality of decisions, prevent possible abuses and enable the exercise of legitimate rights and interests of persons with mental disorder confined to treatment in psychiatric institutions. Bearing in mind the significance of the involuntary hospitalization procedure, the author of this paper provides a critical analysis of the national regulation on involuntary hospitalization. The aim of this analysis is to observe whether the rules of involuntary hospitalization procedure comply with the generally recognized international and European standards on the human rights protection of persons with mental disorder, and to identify the shortcomings of the existing mechanism of involuntary hospitalization. Taking into consideration the results of this analysis, the author points to the necessity of reforming the involuntary hospitalization procedure and proposes possible directions for a further improvement of this legal institute.
The European Convention on Human Rights and the Protection of the Roma as Controversial Case of Cultural Diversity
Kristin Henrard
European Diversity and Autonomy Papers - EDAP , 2004,
Abstract: The Roma are often the victims of systemic discrimination which is closely related to the prejudices against them and their particular way of life, their own minority identity. When studying to what extent the Roma and their own way of life are protected on the basis of individual human rights in the European Convention on Human Rights, it becomes clear that slowly but surely the European Court of Human Rights acknowledges the vulnerable position of the Roma and their concomitant need of special protection. While significant developments have taken place concerning the preliminary issues of non-discrimination and the protection of physical integrity, the actual protection concerning language rights or educational rights is still rather meagre. Nevertheless, the gradual emergence of a right to an own way of life for Roma and the ensuing positive state obligations might very well enhance the latter incipient protection. The overall tendency of the latest judgements of the Court is to increasingly restrict the margin of appreciation of states, also in the sensitive domain of minority protection.
Effective Human Rights Protection for Children in Care. Does the UK Provide Effective Remedies Under the European Convention on Human Rights Against the Non-Implementation of Care Orders?  [PDF]
Barbara Kussbach
Essex Human Rights Review , 2007,
Abstract: This article analyses whether the legal system for children in care in the United Kingdom complies with the European Convention on Human Rights in providing effective remedies against the failure of local authorities to implement care orders. The point of departure of this analysis is the division of responsibilities between the local authority and the court under the Children Act 1989. Whilst the court has initial powers to issue a care order on the basis of the local authority care plan, it lacks the competence to supervise the correct implementation of that order. Part 2. of this article provides an overview of the legal system and the corresponding jurisprudence on this issue. It discusses the key case law of the House of Lords as well as subsequent relevant judgments. Part 3. describes the different remedies available in the case of non-implementation of care orders provided for by the Children Act and the Human Rights Act. It also demonstrates the difficulties children and their parents face in choosing the appropriate remedy to challenge the local authority's misconduct. Finally, Part 4. examines the relevant standards for care proceedings under the European Convention on Human Rights by focusing on the procedural guarantees of the right to respect for family life, the right to fair trial, and the right to an effective remedy. By way of conclusion, this article argues that the lack of judicial control over the local authority's conduct shows certain deficiencies when compared to the European human rights standards relevant to the effective protection for children in care.
Fit for Purpose or Faulty Design? Analysis of the Jurisprudence of the European Court of Human Rights and the European Court of Justice on the Legal Protection of Minorities  [PDF]
Anneleen Van Bossuyt
Journal on Ethnopolitics and Minority Issues in Europe , 2007,
Abstract: This paper examines whether the European Court of Justice (ECJ), even in the absence of explicit competencies, could play a role in the creation of a European Union policy promoting the protection of minorities and thus preventing their social exclusion. Comparison is made with the jurisprudence of the European Court of Human Rights (ECtHR) because of the cross-fertilisation between the two Courts. The author argues that there is a conspicuous absence in ECJ jurisprudence on the rights of minorities to their culture and identity, whereas the jurisprudence of the ECtHR in this regard is progressive. In contrast, the ECJ takes the fore when it comes to the protection of the linguistic rights of minorities. In conclusion, the author argues that the ECJ is not fit for purpose, but that to speak of a faulty design is taking a step too far.
Human Rights promotion in Serbia: a difficult task for the European Union
Cierco, Teresa Maria;
Revista Brasileira de Política Internacional , 2011, DOI: 10.1590/S0034-73292011000100009
Abstract: this article explores the role of the european union in the human rights protection, implementation and promotion in serbia. it is clear that the eu demands on democratisation in the region of western balkans are crucial to achieve the respect for human rights. the human rights standards as part of the conditionality criteria of the eu is a clear message towards the countries aspiring membership. however, serbia progress in the field has been difficult due to several internal constraints. this paper aims to uncover the democratisation process of serbia on its path towards the eu, and its progress (or not) regarding human rights protection and implementation.
European Social Standards in the Context of a Modern Model of Sources of Social Security Law: A Scientific and Theoretical Aspect
Viktor Kostiuk
NaUKMA Research Papers. Law , DOI: 10.18523/2617-2607.2018.68-73
Abstract: The article reveals the issues related to the legal characteristic of European social standards and their impact on the development of the latest model of sources of social security law. It is noted that the European model of social security (protection) is characterized by such features as promoting the development of an inclusive society; implying the responsibility of society and the state for effective social policy; availability of an effective and accessible system of social rights; aiming at forming a high level of social standards, guarantees, as well as the quality of life of a person; sufficiency, efficiency, accessibility of organizational forms and types of social security (protection); availability of effective and flexible legal regulation in the field of social security (protection). The emphasis is on the fact that European social standards should be considered broadly and narrowly. Broadly speaking, European social standards are a set of norms, provisions, and standards of a conceptual nature, contained in international legal acts approved by authorized European institutions and aimed at developing an effective model of social security (protection). In the narrow sense, European social standards are a set of recognized and enshrined in accordance with international legal acts adopted by authorized European institutions of social human rights. The basic features of European social standards are the following: they are the result of the normative activity of authorized European institutions (the Council of Europe, the EU); enshrined in international legal acts of the Council of Europe and the EU; include a system of rules, regulations, and standards for social security; include a system of fundamental social rights; act as a legal basis for the development of social legislation of individual member states of the Council of Europe and the EU; act as a legal basis for the formation of a new system of sources of social security law. The key role of the European Social Charter (revised) and the European Code of Social Security in shaping European social standards is noted, with emphasizing the need to take into account European social standards when formulating a system of sources of social security law, and in particular, in the process of codification of legislation in this area. The basic trends of development of the latest model of sources of social security law are emphasized...
Inflation and Human Rights: Protection of Property Rights against Inflation under the European Convention on Human Rights  [PDF]
Ali R?za Coban
Essex Human Rights Review , 2005,
Abstract: The article examines the effect of inflation on legal relationships and how far a state can be heldresponsible for those effects under Article 1 of the Protocol 1 to the European Convention onHuman Rights. First, the effect of inflation on private law relationships and public law relationshipsis examined separately at a theoretical level and then the Convention organs’ relevant jurisprudence isevaluated within this framework. The author concludes that while the Convention organs were tootimid to find a violation of property rights relating to the effect of inflation in their early years, it canbe observed that interpretation of the Convention has been changing slowly. Following the Akkuscase the inflation phenomenon became a factor in the breach of property rights. There are still fewsituations in which the Court has taken the impact of inflation fully into account. Although the Courthas provided some shelter against the effect of inflation, it has not established clear criteria forevaluating the effect of inflation on property rights.
Examination of the Provisions Governing the Interceptions of Conversations and Communications according to the European Court of Human Rights Jurisprudence
Alexandru Boroi
Acta Universitatis Danubius : Juridica , 2013,
Abstract: The objective of the present research consists of analyzing the requirements imposed by the jurisprudence of the European Court of Human Rights in order to establish the presence / absence of a match between the standards and regulations of the Romanian legislation in the field of audio or video interceptions and recordings. This paper joins the scientific efforts made by other authors in order to identify the existing problems in the internal law from the perspective of the Convention. The concrete results of the research focus on presenting the principles required by the European Court of Human Rights on the protection of privacy. The paper also examines the internal rules that violate the European standards in the field. The undertaken research may be useful to practitioners in the field, that will be guided to the correct application of community and national provisions, and to theorists and Romanian legislator. The research is a critical analysis of the national rules that do not meet the European Court of Human Rights standards and it reports the negative effects that may occur, as a consequence of these provisions.
Restrictions in EU Immigration and Asylum Policies in the light of International Human Rights Standards  [PDF]
MARAT KENGERLINSKY
Essex Human Rights Review , 2007,
Abstract: If freedom of movement for European Union nationals means the lifting of internal borders,elimination of controls and facilitation of travelling, the freedom of movement for non-EUnationals is associated with notions such as more immigration controls, more identity checks andfewer arrivals at EU external borders. In recent years immigration and asylum policies in the EUhave become expansive and constructive of the idea of a ‘fortress Europe’. The territorialexpansion of the EU has been inextricably linked with the need for repressive measures toprotect the external borders of the Union from unwanted threats of migration as well as securityconsiderations.The paper analyzes the legality of restrictions in light of the principles of protection ofhuman rights in Europe. In particular, it examines the extent and scope of the protection regimerendered to migrants by the European Convention on Human Rights. The article argues thatdespite the international human rights commitments, the EU Member States, all parties to theEuropean Convention, still fail to ensure the full realisation of immigrants and asylum seekers’human rights. The case study of immigration and asylum policies in the EU vis-à-vis third countrynationals from the Newly Independent States is aimed at demonstrating the discrepanciesbetween such restrictions and international human rights standards.
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