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Journal articles on the topic 'Access to rights'
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1
Barabina, Elizaveta A. "The Right of Access: An Easement or A Neighbour’s Access Right?" Zakon 21, no. 10 (October 2024): 64–74. http://dx.doi.org/10.37239/0869-4400-2024-21-10-64-74.
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The article analyses the right of access: the right of passage and the right of connection (flow) of resources. It is hypothesised that the right of access is not a separate subjective right but an entitlement, i.e. an element of the title under which real estate is used, which allows the right of access to be classified, along with mutual rights (permissible emmission rights), as a category of neighbour’s rights. Since the right of access follows from the very title to one’s property, it does not require the establishment of a limited property right over another’s property. The category of access rights is distinguished from related legal constructs involving interaction with others’ property: on one hand, behavioural possibilities provided by public law, which do not imply any subjective rights (such as public easements); on the other hand, limited property rights, which are independent subjective rights. It is proposed to distinguish easements from the right of access based on the origin, derived from the level of satisfied needs. Neighbour’s access rights are intended to meet the needs of the right holder without which their right would become nominal, therefore the right of access should not require any additional procedures (obtaining consent or a court decision, which would leave the right nominal during the waiting period). The right of access stems from the title but may be expressed by the law as the limits of ownership rights to neighbouring real estate (pre-revolutionary Russia, Germany). An easement as a subjective property right is proposed to be viewed as an adaptation of legal relations to the interests of specific neighbours, shifting the boundary of what is permissible by law towards greater (easement of convenience) or lesser (negative easement) impact.
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Elliott, Deni, and Pamela S. Hogle. "Access Rights and Access Wrongs." International Journal of Applied Philosophy 27, no. 1 (2013): 1–14. http://dx.doi.org/10.5840/ijap20132716.
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Zhu, Ling, and Jennifer H. Clark. "“Rights without Access”." State Politics & Policy Quarterly 15, no. 2 (February 17, 2015): 239–62. http://dx.doi.org/10.1177/1532440014568569.
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O'Shea, Greg. "Redundant access rights." Computers & Security 14, no. 4 (January 1995): 323–48. http://dx.doi.org/10.1016/0167-4048(95)00006-t.
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Terkovich, Jessica, and Aryeh Frank. "Constitutionalizing Access." Journal of Civic Information 3, no. 1 (June 30, 2021): 1–17. http://dx.doi.org/10.32473/joci.v3i1.129179.
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State constitutions receive relatively little academic attention, yet they are the source of significant substantive rights—and, when compared to the U.S. Constitution, they are relatively easily amended to comport with contemporary needs and values. Unlike the constitutions of dozens of other nations, the U.S. Constitution contains no explicit recognition of a right to information from the government, and the Supreme Court has declined to infer that such a right exists, apart from narrow exceptions. Conversely, seven states expressly memorialize the public’s right of access to government meetings and records in their constitutions. In this paper, the authors examine case law applying the constitutional right of access, concluding that the right is somewhat underutilized and rarely seems to produce an outcome clearly different from what a litigant could expect relying on state statutory rights alone.
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D Janodia, Manthan, I Meenakumari, MA Ganapathy, VM Subrahmanyam, N Udupa, D Sreedhar, and Virendra S Ligade. "Patents, Health Policy and Access to Medicines." Indo Global Journal of Pharmaceutical Sciences 01, no. 01 (2011): 33–38. http://dx.doi.org/10.35652/igjps.2011.04.
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Intellectual property rights are the rights given to person over the creation of their inventions. They usually give the creator as exclusive right over the use of his/her invention for certain period of time, usually 20 years from the date of filing and in turn inventor has to disclose the invention. In a sense, it is a negative right as it excludes others from using the Intellectual Property without the permission of the right holder. © 2011 IGJPS. All rights reserved
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VARLAMOVA, NATALIA V. "Digital Rights – New Generation of Human Rights?" Proceedings of the Institute of State and Law of the RAS 14, no. 4 (October 9, 2019): 9–46. http://dx.doi.org/10.35427/2073-4522-2019-14-4-varlamova.
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The digitalization substantially affects virtually all social relationships, the fact that requires reassessment of many basic legal concepts. Among them are human rights. It is now increasingly asserted that technological innovations result in the emergence of new digital rights being that fundamentally differ from conventional rights and form a new generation of human rights. The most frequent among such rights are a right to internet access, right to personal data protection and right to be forgotten (right to erasure). To assess the validity of such assertions it is necessary to clarify the grounds for classification of human rights by generations and to determine the correlation between new human rights and the conventional ones.The classification of human rights by their generations offered in 1970 by K. Vasak can be based upon substantive (essential) and chronological criteria. In the latter case the number of new generations of human rights can be whatsoever high while the difference between them is insignificant. If to proceed from the substantive criterion, the rights of the first generation express claims of a human being towards individual freedom and assume the obligation of the State to respect and protect it; rights of the second generation are claims towards social assistance on the part of the State and society to maintain an adequate standard of living; rights of the third generation are a sort of projection of rights of the first and second generations to relations between social communities (international, in proper sense, non сross-border, relations). In such context to substantiate the emergence of a new generation of human rights it is necessary to prove that the related rights forming it have an absolutely different legal nature as compared to the rights of the first and second generations.The right for internet access in international acts, national constitutions and laws as well as in judicial practice is primarily treated as a condition and guarantee of exercise of conventional human rights. Along with this, with due regard to a special significance of Internet for exercise of many human rights, development of democracy and civil society, transparency of state administration the access to it may be recognized as an independent human right. However, the legal nature of such right is quite conventional, it includes claims related both to the first and second generation of human rights. As a right of the first generation it assumes negative obligations of the State not to prohibit and not to restrict an access to Internet (certain Internet resources) and its positive obligations to establish a statutory regulation of access to Internet and provision of protection against illegal restrictions, interalia, on the part of private entities. As a right of the second generation the accessibility of Internet in its material and technical aspects may be regarded, the fact that assumes positive obligations of the State to establish a corresponding infrastructure, to subsidize the provider-supplied services, to organize public access points and to develop educational programs etc. Moreover, the currently applicable international and national regulation of this sphere of relations does not allow asserting that the legal recognition of the right to Internet access has taken place.
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Antonino de la Cámara, Mar. "Cultura (derecho de acceso a la) = Culture (the Right to access to)." EUNOMÍA. Revista en Cultura de la Legalidad, no. 16 (March 29, 2019): 264. http://dx.doi.org/10.20318/eunomia.2019.4705.
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Resumen: El doble objetivo de esta voz es: a) concretar el contenido jurídico del derecho de acceso a la cultura, para lo que se procederá a b) analizar la jurisprudencia más paradigmática del Tribunal Europeo de Derechos Humanos en relación con la protección de expresiones culturales. No se trata, pues, de una aproximación teórica a lo que sea cultura, sino de precisar, en la medida de lo posible, el alcance de un derecho poco estudiado dentro del marco geográfico europeo.Palabras clave: Derecho de Acceso a la Cultura, Derecho a la Cultura, Derecho a la Libertad de Expresión, Libertad de creación artística, Tribunal Europeo de Derechos Humanos, Copyright Abstract: This voice has been written with a double objective, namely a) to concretize the legal content of the right of access to culture, so we will proceed b) to analyze some of the most paradigmatic case-law of the European Court of Human Rights in relation to the protection of the culture. Therefore, it is not a theoretical approach to what is culture, but to specify the scope of a right so unstudied within the European geographical framework.Keywords: Right of Access to Culture, Right to Culture, Right to Freedom of Expression, Right to artistic freedom, European Court of Human Rights, Copyright.
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Gradinarova, Neli. "CHILDREN’S RIGHTS AND ACCESS TO HEALTH CARE." MEDIS – International Journal of Medical Sciences and Research 2, no. 1 (March 18, 2023): 43–48. http://dx.doi.org/10.35120/medisij020143g.
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Children have the right to health, to life, to protection and to special care and attention from their parents and from the community in which they live. A number of international acts regulate and regulate these rights, and the national legislation in the country confirms and guarantees them.A pilot survey on children’s and their parents’ awareness of children’s rights in Bulgaria and their access to health care was conducted among 201 parents, in the period 01.12.2021-01.01.2022. Respondents were asked whether they were aware of children’s rights, whether they encountered obstacles to realizing their right to health, as well as whether, in their opinion, children have real access to health care in the country. More than 50% indicate that they are familiar with children’s rights, 64.7% answer that children in the country have real access to health care, but 44% share that they encountered certain obstacles when realizing their right to health.Issues concerning children, their rights and their access to health care affect the interests of individual families, of a given nation, but also of the entire society globally. There are positive trends around the world regarding children’s access to health care, but these rights depend not only on the individual and on national legislations, but also on global political decisions and natural disasters that cause refugee flows and put countries in front of new challenges.
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Aslonov, Navruzbek. "The role of access to information in ensuring human rights." Tsul legal report 4, no. 2 (June 15, 2023): 34–37. http://dx.doi.org/10.51788/tsul.lr.4.2./kxjw1623.
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"This article provides a brief analysis of legislation on the role of obtaining information in ensuring human rights. The constitutional right to information is one of the basic rights of a person, and at the same time, it works as an external expression of freedom of opinion and freedom of speech, as well as their guarantee. The right to receive information, naturally, based on the characteristics of the information society, occupies a leading position in the state management mechanism. This is a special guarantee of the implementation of the principles of democracy, people's sovereignty, and citizens' participation in political life "
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Kumar, Ajay. "Access to Internet and Internet Shutdown: A Rights Perspective." Journal of Advanced Research in Journalism & Mass Communication 08, no. 1&2 (July 6, 2021): 7–14. http://dx.doi.org/10.24321/2395.3810.202101.
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Access to the internet is fast becoming a basic right given the plethora of information available on the net these days. In the current scenario, the issue of internet shutdown has become an important concern in India. Internet shutdown affects people socially, psychologically and economically. On one hand, many democratic countries of the world are discussing about digital freedom and human rights, while on the other hand, some countries including India are continuously practicing Internet shutdowns in different parts of their countries. India has become the top country of the world in terms of the numbers of Internet shutdowns. The Internet has become such a prominent source of information for all of us that when Internet connectivity is suspended, many people are affected as they depend on the Internet services for various purposes. Internet shutdown is not only harmful to democracy and governance but also to the economy of the country. Internet shutdowns are direct violations of digital freedom and human rights. The main objective of this paper is to argue that access to internet is a basic right and highlight the problem of Internet shutdown in India and its adverse impact on the lives of Indians. In addition, this paper attempts to highlight a brief history of Internet shutdowns in India. The paper shows how frequent clampdowns on internet affects the economy, as has been the case of Union Territory of Jammu & Kashmir thereby highlighting the case for internet freedom for the survival of the economy especially in Digital India.
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Strauss, Zannelize, and Debbie Horsten. "A Human Rights-Based Approach to Poverty Reduction: The Role of the Right of Access to Medicine as an Element of the Right of Access to Health Care." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 3 (May 3, 2017): 335. http://dx.doi.org/10.17159/1727-3781/2013/v16i3a2376.
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The prevention and treatment of infectious diseases remain among the greatest challenges faced by today's developing countries. The World Health Organisation estimates that about one-third of the world's population lacks access to essential medicine, a fact which, according to the United Nations, directly contradicts the fundamental principle of health as a human right. According to the World Summit for Social Development, poor health and illness are factors that contribute to poverty, while the adverse effects of illness ensure that the poor become poorer. A lack of access to health care, amongst other rights, (including access to medicines as an element thereof) aggravates poverty. The most important provision in international law relating to the right to health is article 12 of the United Nations International Covenant on Economic, Social and Cultural Rights. Article 12(1) of this Covenant provides a broad formulation of the right to health in international law, while article 12(2) prescribes a non-exhaustive list of steps to be taken in pursuit of the highest attainable standard of health. Article 12(2), in particular, illustrates the role that adequate access to medication plays in the right of access to health care. The United Nations Committee on Economic, Social and Cultural Rights has explicitly included the provision of essential drugs as a component of the right to health care, thereby emphasising the causal link between the lack of access to essential medicines and the non-fulfilment of the right of access to health care. As with all socio-economic rights, the resource implications of the realisation of the right to health has the result that states cannot be expected to immediately comply with its obligations in respect thereof. Instead, article 2(1) of the International Covenant on Economic, Social and Cultural Rights and the General Comments of the Committee on Economic, Social and Cultural Rights place obligations on states to take deliberate, concrete and targeted steps towards expeditious and effective full realisation of the right to health, including access to medication. The measures taken to do so must, according to General Comment 3, embrace the concept of the minimum core obligation (the minimum core in relation to medicines being access to essential medicines, at the very least). In this article it is argued that adequate access to essential medicines, as an element of the right of access to health care, could contribute to the reduction of poverty. This is done by firstly discussing the human rights-based approach to poverty reduction, whereafter attention is turned to access to medicines as an element of the right to health, with specific focus on obligations in terms of the International Covenant on Economic, Social and Cultural Rights. Finally, the role of access to medicines in reducing poverty is considered. The article concludes that poverty constitutes an infringement on human rights and will not be eradicated without the fulfilment of human rights, including the right to health. The adequate fulfilment of peoples' rights of adequate access to essential medicines will enable them to achieve a higher level of well-being, thereby reducing the level of poverty which they experience. Both the right of access to health care and to essential medicines – a crucial component thereof – thus have a significant role to play in a state's poverty reduction strategies.The prevention and treatment of infectious diseases remain among the greatest challenges faced by today's developing countries. The World Health Organisation estimates that about one-third of the world's population lacks access to essential medicine, a fact which, according to the United Nations, directly contradicts the fundamental principle of health as a human right. According to the World Summit for Social Development, poor health and illness are factors that contribute to poverty, while the adverse effects of illness ensure that the poor become poorer. A lack of access to health care, amongst other rights, (including access to medicines as an element thereof) aggravates poverty. The most important provision in international law relating to the right to health is article 12 of the United Nations International Covenant on Economic, Social and Cultural Rights. Article 12(1) of this Covenant provides a broad formulation of the right to health in international law, while article 12(2) prescribes a non-exhaustive list of steps to be taken in pursuit of the highest attainable standard of health. Article 12(2), in particular, illustrates the role that adequate access to medication plays in the right of access to health care. The United Nations Committee on Economic, Social and Cultural Rights has explicitly included the provision of essential drugs as a component of the right to health care, thereby emphasising the causal link between the lack of access to essential medicines and the non-fulfilment of the right of access to health care. As with all socio-economic rights, the resource implications of the realisation of the right to health has the result that states cannot be expected to immediately comply with its obligations in respect thereof. Instead, article 2(1) of the International Covenant on Economic, Social and Cultural Rights and the General Comments of the Committee on Economic, Social and Cultural Rights place obligations on states to take deliberate, concrete and targeted steps towards expeditious and effective full realisation of the right to health, including access to medication. The measures taken to do so must, according to General Comment 3, embrace the concept of the minimum core obligation (the minimum core in relation to medicines being access to essential medicines, at the very least). In this article it is argued that adequate access to essential medicines, as an element of the right of access to health care, could contribute to the reduction of poverty. This is done by firstly discussing the human rights-based approach to poverty reduction, whereafter attention is turned to access to medicines as an element of the right to health, with specific focus on obligations in terms of the International Covenant on Economic, Social and Cultural Rights. Finally, the role of access to medicines in reducing poverty is considered. The article concludes that poverty constitutes an infringement on human rights and will not be eradicated without the fulfilment of human rights, including the right to health. The adequate fulfilment of peoples' rights of adequate access to essential medicines will enable them to achieve a higher level of well-being, thereby reducing the level of poverty which they experience. Both the right of access to health care and to essential medicines – a crucial component thereof – thus have a significant role to play in a state's poverty reduction strategies.
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Norheim, Ole Frithjof. "Rights to Specialized Health Care in Norway: A Normative Perspective." Journal of Law, Medicine & Ethics 33, no. 4 (2005): 641–49. http://dx.doi.org/10.1111/j.1748-720x.2005.tb00532.x.
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Is it possible to use the courts - or rights instruments - to advance fair access to health care? This article examines this question within the context of the Norwegian public health care system - one special example of the Scandinavian welfare system. In particular, it asks four basic questions: What are the normative justifications for rights to health care? What were the political processes and concerns leading up to the current Patients Rights Act in Norway? What kind of legal status do these rights have? How can rights to access be implemented?Patient rights do not only concern the right to access to health care; they also include the right to information, the right to participate in decision-making, and informed consent. This article examines only the former aspect, the use of the legal system to secure access to prioritized specialized health care services.
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Sarasti, Paúl Arellano. "Constitutional Rights, Human Rights and Information and Communication Technologies in Ecuador." Migration Letters 20, S10 (November 22, 2023): 1150–58. http://dx.doi.org/10.59670/ml.v20is10.5493.
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The study analyses constitutional rights, human rights and information and communication technologies (ICTs) in Ecuador. The challenges of equitable access to technologies and the protection of human rights in the digital environment are key to economic and social growth in the country. The study addresses the Ecuadorian legal framework - Constitution of 2008 - recognising internet access as a human right and establishes principles and norms to guarantee this right. It considers international treaties and conventions, such as the United Nations (UN) human rights declarations, which have an impact on the promotion and protection of rights in the digital sphere. The research was of the documentary type with a qualitative approach. The results showed that legislation is lagging behind in comparison to technological progress, deficient access, coverage and technological illiteracy that violates constitutional rights in Ecuador. It is concluded that there is a disparity between human rights legislation on digital vulnerability and the asymmetric advance of ICTs, and suggests the need for public policies that promote the democratisation of technological access, protection of online rights and digital technologies.
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Sharples, Kath. "Rights of access to all." Nursing Standard 22, no. 23 (February 13, 2008): 61. http://dx.doi.org/10.7748/ns2008.02.22.23.61.p4118.
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Press, Larry. "Toward an access rights policy." Communications of the ACM 40, no. 7 (July 1997): 17–21. http://dx.doi.org/10.1145/256175.256177.
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Fink, Lester H., Marija D. Ilic, and Francisco D. Galiana. "Transmission access rights and tariffs." Electric Power Systems Research 43, no. 3 (December 1997): 197–206. http://dx.doi.org/10.1016/s0378-7796(97)01181-4.
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Camp, L. "Access denied [digital rights management]." IEEE Security & Privacy 1, no. 5 (September 2003): 82–85. http://dx.doi.org/10.1109/msecp.2003.1236242.
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Koved, Larry, Marco Pistoia, and Aaron Kershenbaum. "Access rights analysis for Java." ACM SIGPLAN Notices 37, no. 11 (November 17, 2002): 359–72. http://dx.doi.org/10.1145/583854.582452.
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Fransiska, Asmin. "Right to health on access to clean water in Indonesia." International Journal of Research in Business and Social Science (2147- 4478) 11, no. 6 (September 12, 2022): 519–27. http://dx.doi.org/10.20525/ijrbs.v11i6.1973.
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This paper presents the need for a human rights policy approach to eliminate climate injustice, especially in clean water. Also, the relationship between climate injustice with the right to health on the issue of clean water has been studied. In addition, a qualitative method based on library research and the decision on water cases has been presented. The main finding is that Indonesian policy regarding climate is still in the framework of programs and notions. Still, it is not yet established as a national policy with human rights approach. The article also shows that although the right to clean water does not explicitly write as a single definition, the core instruments of international human rights law oblige the government to protect, fulfill and promote the water right. In Indonesia, a water right is programmatic and regulated in economic models, but not from a right-based and public interest perspective. The right to health regarding the access, availability, and quality of water in Indonesia is not yet fulfilled under Indonesian human rights’ obligation as a member of the International Covenant on Economic, Social, and Cultural Rights.
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Liefaard, Ton. "Access to Justice for Children: Towards a Specific Research and Implementation Agenda." International Journal of Children’s Rights 27, no. 2 (May 10, 2019): 195–227. http://dx.doi.org/10.1163/15718182-02702002.
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Although the UN Convention on the Rights of the Child recognises procedural rights of the child in addition to substantive rights, it is rather silent on the fundamental right to an effective remedy. The concept of access to justice for children has nevertheless emerged in the past decades and manifested itself firmly in the international human rights and sustainable development agendas. Access to justice is grounded in the right of the child to seek remedies in case of (alleged) rights violations. It implies legal empowerment of children and access to justice mechanisms and remedies that are child-sensitive. So far, access to justice, with a specific focus on children, lacks careful consideration, conceptualisation and contextualisation in academic research and writing. This contribution explores the meaning of access to justice for children, as a right and procedural concept, and paves the way for the development of a more specific research and implementation agenda.
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Dube, Felix, and Chantelle Moyo. "The Right to Electricity in South Africa." Potchefstroom Electronic Law Journal 25 (March 4, 2022): 1–21. http://dx.doi.org/10.17159/1727-3781/2022/v25ia11839.
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In this note, we examine access to electricity as a right in South African law. We also consider whether deprivations, interferences and disruptions of electricity supply are justifiable limitations of the right. While recent court decisions view access to electricity as a supplement to the Bill of Rights, judicial treatment of electricity as a right precedes the Constitution of the Republic of South Africa, 1996. Prior to the adoption of the Constitution, the courts treated access to electricity as a common law right in the context of servitudes and personal and contractual rights. Under the Constitution, the right to access to electricity flows from the constitutional and statutory obligations of Eskom, South Africa's power utility, to provide reliable electricity supply and to ensure just administrative action when taking actions that result in the deprivation of electricity. From a Bill of Rights perspective, the cases show that the right to electricity, albeit not expressed in the text of the Constitution, is a condition for the exercise of other rights, including the rights to human dignity and access to adequate housing, water and health care. We conclude that the deprivation of electricity through loadshedding and other interruptions by Eskom, landlords and body corporates are violations of the right to access to electricity. These violations could be remedied through spoliation and constitutional remedies.
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Ashagre, Aschalew. "Access to Justice for PWDs in Civil Proceedings before the Federal Courts of Ethiopia: The Law and Practice." Mizan Law Review 14, no. 1 (September 30, 2020): 1–30. http://dx.doi.org/10.4314/mlr.v14i1.1.
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Persons with disabilities (PWDs) are among the most vulnerable groups to social, economic and political problems. Various UN General Assembly declarations on the rights of PWDS serve as soft laws for the protection of the rights of PWDs; and the international Bill of Rights can be applicable to their protection. In particular, the UN Convention on the Rights of Persons with Disabilities (CRPD) contains provisions that recognize and protect various aspects of the rights of PWDS. The Convention clearly declares the rights of PWDs to access to justice both in civil and criminal proceedings. Ethiopia is a party to this Convention, and in effect, it has an international duty to implement, among other things, the right of access to justice for PWDs in judicial proceedings. This article examines access for PWDs in the Federal Courts in civil proceedings. It focuses on the legal and practical problems in the implementation of the right to access to justice in spite of attempts made by the government in this regard. Additional legislative and institutional improvements are thus necessary –to the extent possible– in order to realize the rights of access to justice for PWDs since substantive rights will remain meaningless in the absence of access to justice.
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Shevchuk, Oleksandr Mykhailovych, Oleкsandr Mykhailovych Drozdov, Vadim Anatoliyovych Kozak, Anastasiia Oleksandrivna Vyltsan, and Оlena Volodymyrivna Verhoglyad-Gerasymenko. "Human Right to Access Public Information: The Experience of Ukraine and the Practice of the ECtHR." Hasanuddin Law Review 9, no. 2 (May 1, 2023): 155. http://dx.doi.org/10.20956/halrev.v9i2.4396.
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The guarantee of ensuring the right to access public information is an important condition and criterion for functioning in a legal democratic state. In addition, realizing the right to access public information is essential for preventing and detecting corruption. The purpose of this work is to analyze international legal rules and standards, as well as to provide some examples of the practice of the European Court of Human Rights in the context of the implementation of the right to access public information. It has been established that the right to access public information is a component of the human right to information and is a fundamental constitutional human right. The existing practice of the European Court of Human Rights confirms the importance of protecting the right of access to public information. It indicates to states that it is mandatory to comply with it, the expediency of applying an effective system of control measures to implement the right under study. The paper analyzes theoretical and legal approaches to understanding the human right to access public information and determines its place in human rights. An analysis of the practice of the European Court of Human Rights regarding the right to access public information made it possible to identify existing shortcomings in the legislation of the Member States and Ukraine and to find ways and methods for solving such problems and prospects for preventing such violations in the future, as well as the possibility of applying the decisions of the European Court of Human Rights to improve the current domestic legislation in this area.
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Gromozdina, Maria V. "Access Rights as a Way to Communicate with a Child." Juridical Science and Practice 16, no. 1 (2020): 11–16. http://dx.doi.org/10.25205/2542-0410-2020-16-1-11-16.
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The article deals with issues related to the exercise of parental access rights as a way of communicating with the child. A parent who claims to exercise the right of access is a separately residing parent and, as a rule, a foreign citizen. The implementation of the right of access is related to the application of the Hague Convention on Civil Aspects of International Child Abduction, 1980. In this connection, the author investigates the problems of application of the right of access by the Russian courts in solving family disputes related to upbringing of children. The situation is analyzed as to the possibility of a broad interpretation of the concept of "access rights", taking into account established international practice. The problem of a misunderstanding of the essence of access rights and the related limited application of the Convention's provisions are identified. The author is of the view that the rights of access and the procedure for communication with the child (in case of separation of parents) are independent legal institutions and do not replace each other. Comparative legal analysis confirms the author's conclusions, which are justified by examples of court practice. The choice of the method of protection of parental rights is determined by the person applying for protection and cannot be changed by the court in violation of the plaintiff's rights. Thus, the conclusion is made that it is necessary to analyze the jurisprudence of the European Court of Human Rights in order to properly apply the Convention.
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Klymkovych, I. "Analysis of the concept of «access to court» in judicial practice." Uzhhorod National University Herald. Series: Law 2, no. 78 (August 31, 2023): 332–35. http://dx.doi.org/10.24144/2307-3322.2023.78.2.53.
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The right to access to justice is an element of the inalienable right of a citizen, a right protected by the constitution itself. The principles governing the rights of access to justice are the inalienability of the jurisdiction from which the constitutional processes are initiated, enshrining the guarantee of the fundamental right. From this analysis, it is intended to question the guarantees and principles that provide for human rights, supported by judicial guarantees, in order to fully implement basic and social rights that raise, develop, guarantee the maximum amount of life in its fullness. Access to justice does not mean that it merely provides an opportunity to initiate proceedings, but rather that the process achieves a just, satisfactory and effective resolution.
Access to justice has two main goals: the first is that the judicial system is accessible and egalitarian for all citizens, and the second is that outcomes are fair to individuals in society. The concept of access to justice has undergone several transformations over time. One perspective was to guarantee the citizen access to the judiciary and consider it as an instrument of jurisdiction with social goals, forcing the population to assert more and more of their rights, using the legal process as a means. However, access to justice is a fundamental right of great importance, it is a public right, which a democratic legal state is obliged to guarantee and ensure; This is a subjective right that is part of human dignity.
Every person has the right to demand from the state proper protection of his rights and maximum space for the court. Based on this statement, it is the duty of the state to structure itself in such a way as to exercise judicial rights through the pedagogy of improving and modernizing the legal order, considering the parameters of justice, efficiency and speed.
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Tully, Stephen. "The Human Right to Access Clean Energy." Journal of Green Building 3, no. 2 (May 1, 2008): 140–48. http://dx.doi.org/10.3992/jgb.3.2.140.
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This paper proposes the existence of a human right to access clean energy in view of trends favoring greater resort to renewable energy sources within several parallel policy contexts. The existing international framework for the protection and promotion of human rights may be applied to support an entitlement to access energy for individual benefit. However, the application of human rights norms to an appropriate energy source must also be compatible with the contemporary sustainable development agenda. This includes balancing economic development, sustainably using natural resources, environmental protection and poverty alleviation. A human rights approach must also be sufficiently receptive to similarities and differences in the energy strategies of developed and developing States. It is argued that a human right to access clean energy more accurately reflects intergovernmental concerns for both human development and environmental sustainability. While such a right can be employed to satisfy basic human needs, enhance living standards, maintain good human health and alleviate poverty, it can also contribute to the efficient use of existing natural resources, the prevention of climate change and environmental protection.
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Isensee Rimassa, Carlos, and Jorge Muñoz Severino. "Acceso a la información pública y principio de transparencia. Concepto, bloque constitucional y test de proporcionalidad." Derecho y Justicia, no. 3 (August 8, 2018): 45. http://dx.doi.org/10.29344/07196377.3.1392.
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ResumenEl trabajo analiza el principio de transparencia y su recepción en ordenamiento constitucional chileno a través de su materialización en el derecho de acceso a la información pública. Para ello, se analizan sus orígenes, y la doctrina nacional y extranjera. Además, se presenta una definición del derecho de acceso a la información pública. Luego se examina el alcance y las características de este derecho, y su relación con el principio de transparencia. Finalmente, se sugiere aplicar el test de proporcionalidad como unmecanismo idóneo para solucionar colisiones entre el derecho de acceso a la información pública con (i) otro derechofundamental, o con (ii) una política pública.Palabras clave: Principio de transparencia; Acceso a la información pública; Test de proporcionalidad; Colisión de derechos.AbstractThe article analizes the principle of transparency and its treatment in the Chilean constitutional order through its realization in the rights of access to public information. To that end, its origins are explored, as well as Chilean and foreign legal doctrine. A denition of the rights of access to public information is is oered. Then, the scope and features of this right, and its relation to the principle of transparency are examined. Finally, it is suggested that the proportionality test be applied as an adequate meansof solving conicts between the right of access to public information and (i) some other fundamental right, or (ii) a public policy.Keywords: Principle of transparency; Freedom of information; Proportionality test; Conict of rights.
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Lianos, Ioannis. "Competition Law and Intellectual Property Rights: Is the Property Rights’ Approach Right?" Cambridge Yearbook of European Legal Studies 8 (2006): 153–86. http://dx.doi.org/10.5235/152888712802731160.
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The intersection between competition law and intellectual property has been a contentious issue since the very beginnings of European Communities (EC) competition law. Both intellectual property and competition law pursue the aim of enhancing economic welfare and innovation, but their direct objectives seem to be in conflict. Whereas intellectual property focuses on the reward of inventive effort and the inventor’s incentives to innovate by conferring an exclusive right on the use of the invention, competition law emphasises the dissemination of innovation by ensuring diffusion and access.
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Lianos, Ioannis. "Competition Law and Intellectual Property Rights: Is the Property Rights’ Approach Right?" Cambridge Yearbook of European Legal Studies 8 (2006): 153–86. http://dx.doi.org/10.1017/s1528887000004705.
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The intersection between competition law and intellectual property has been a contentious issue since the very beginnings of European Communities (EC) competition law. Both intellectual property and competition law pursue the aim of enhancing economic welfare and innovation, but their direct objectives seem to be in conflict. Whereas intellectual property focuses on the reward of inventive effort and the inventor’s incentives to innovate by conferring an exclusive right on the use of the invention, competition law emphasises the dissemination of innovation by ensuring diffusion and access.
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Razi, Naseem, Rashida Zahoor, and Ghulam Abbas. "The Nexus between Fundamental Rights and Necessities of Life: A Case Study of Pakistan." Global Legal Studies Review VI, no. I (March 30, 2021): 9–16. http://dx.doi.org/10.31703/glsr.2021(vi-i).02.
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The Constitution of Pakistan 1973 protects its citizens by guaranteeing some fundamental rights. It is, however, a matter of great concern that these rights do not cover the "right to access the necessities of life like access to clean water, food, clothing, shelter, and medicine etc". It, thus, leads imperfection of the constitutional rights. Therefore, this study aims to highlight this gap by evaluating the constitutional fundamental rights in the light of the necessities of life. This study concludes that lack of access to the necessities of life has made the people least concern towards the national issues and development of the country. Hence, this paper recommends filling up this gap and to incorporate the "right to access to the necessities of life" in the Constitution 1973.
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Voyiakis, Emmanuel. "Access to Court v State Immunity." International and Comparative Law Quarterly 52, no. 2 (April 2003): 297–332. http://dx.doi.org/10.1093/iclq/52.2.297.
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This comment discusses three recent judgments of the European Court of Human Rights in the cases of McElhinney v Ireland, Al-Adsani v UK, and Fogarty v UK. All three applications concerned the dismissal by the courts of the respondent States of claims against a third State on the ground of that State's immunity from suit. They thus raised important questions about the relation the European Convention on Human Rights (the Convention)—especially the right to a fair trial and access to court enshrined in Arcticle 6(1)—and the law of State immunity.
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Guan, Wenwei. "Copyright Anti-Circumvention & Free Trade." Journal of World Trade 52, Issue 2 (April 1, 2018): 257–79. http://dx.doi.org/10.54648/trad2018012.
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The article examines the contrasting implementation of Intellectual Property Organization (WIPO) Internet Treaties’ anti-circumvention obligation and its free trade implications. While the US Digital Millennium Copyright Act (DMCA)’s implementation established a brand new exclusive right of access control for rightholders, the EU’s InfoSoc Directive attempted to balance rightholder’s access control with interests of fair use beneficiaries. Examination of copyright’s private right nature shows access control in anti-circumvention finds no support from traditional theory, and actually turns copyright into a negative right in rem. Further examination on copyright limitations and exceptions shows that the anti-circumvention mechanism sits right at the centre of the dynamics between the idea-expression dichotomy, and the tension between rights and obligations. Critical examination of the circumstances of treaty conclusion of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and Internet Treaties respectively shows that neither framework’s settlements have successfully balanced rights and obligations, or private rights and public access. New development of regional trade fragmentation from Trans-Pacific Partnership (TPP), to the Anti-Counterfeiting Trade Agreement (ACTA), to the Regional Comprehensive Economic Partnership (RCEP), brings the anti-circumvention diversity further into a terrain of uncertainty. The article concludes with a call for attention to access control’s negative impact on public information access and the balance of rights and obligations.
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da Costa Leite Borges, Danielle. "Making sense of human rights in the context of European Union health-care policy: individualist and communitarian views." International Journal of Law in Context 7, no. 3 (September 2011): 335–56. http://dx.doi.org/10.1017/s1744552311000176.
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AbstractThis article discusses the European Union health-care policy from a human rights law point of view. It departs from the analysis of international and European human rights documents in order to identify core elements and principles associated with the right to access health-care services. These elements and principles are then used to distinguish between individualist and communitarian views of health-care rights and to argue that a human rights approach to the right to access health-care services promotes a communitarian view of this right whereas European Union health-care policy has been promoting an individualist view of this right.
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Wicaksono, Imam. "Access to justice for people with disabilities in employment." Jurnal Hukum Volkgeist 4, no. 1 (December 5, 2019): 9–16. http://dx.doi.org/10.35326/volkgeist.v4i1.402.
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Access to Justice for people with disabilities is a term used to describe the legal protection given to persons with disabilities in their efforts to meet their needs from things that can endanger persons with disabilities themselves.The right to obtain employment including for workers with disabilities is regulated in the Indonesian state constitution. Therefore, these rights are protected and guaranteed by law, so companies that employ persons with disabilities in particular must protect the rights of persons with disabilities.The method used in this study is this research is a type of normative law research using normative legal case studies in the form of legal behavior products. Persons with disabilities must receive the support needed in the structure of education, health, employment and social services, so that the rights of persons with disabilities are in the perspective of human rights. Normatively, there are actually several legal instruments that have been born to protect the rights of persons with disabilities to work. Law No. 13 of 2003 concerning Employment which forbids discrimination to persons with disabilities The right of persons with disabilities to obtain accessibility contained in Article 18 of Law No.8 / 2016 concerning Persons with Disabilities, namely, obtaining accessibility to utilize public facilities and obtain adequate accommodation as a form of accessibility for individuals.
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Vilkova, T. Yu. "ACCESS TO JUSTICE IN CRIMINAL PROCEEDINGS: LEGAL STANCES OF THE EUROPEAN COURT OF HUMAN RIGHTS." Lex Russica, no. 12 (January 4, 2020): 56–67. http://dx.doi.org/10.17803/1729-5920.2019.157.12.056-067.
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The article is devoted to the analysis of the stances developed in the case law of the European Court of Human Rights regarding the content, scope, general principles of ensuring the right of access to justice, and permissible limits applied to restrict the right in question. The author has substantiated the conclusion that the European Court of Human Rights associates access to justice with Paragraph 1 of Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Thus, the concept of access to justice includes a number of elements: the right to have recourse to court; the right to have a case heard and resolved in compliance with the requirements of a fair trial; the right to have the judgment enforced; the set of safeguards that allow the person to exercise the rights under consideration effectively. According to the European Court of Human Rights, access to justice should be ensured at all stages including pre-trial (criminal) proceedings and reviewing of court decisions by higher courts. However, the right of access to justice is not absolute. The restrictions imposed must have a legitimate purpose and reasonable proportionality must be obtained between the means used and the goal determined. In view of the requirement mentioned above, the national legislation may provide for the particularities of application of Paragraph 1 of Article 6 of the Convention to proceedings in different types of courts and at different stages, for example, by establishing a certain procedure for the court to grant individuals the right to appeal to a higher court. The author has demonstrated the main directions of applying the legal stances of the European Court of Human Rights regarding access to justice to improve the Russian criminal procedural legislation and law enforcement practices, as well as for further scientific research.
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Plomer, Aurora. "The Human Rights Paradox: Intellectual Property Rights and Rights of Access to Science." Human Rights Quarterly 35, no. 1 (2013): 143–75. http://dx.doi.org/10.1353/hrq.2013.0015.
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Alvarez, Clara-Luz, and Jose Maria Soberanes Diez. "Content of the Right to Internet Access." Law, State and Telecommunications Review 15, no. 1 (April 25, 2023): 31–57. http://dx.doi.org/10.26512/lstr.v15i1.46859.
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[Purpose] Having internet access is essential for the full enjoyment of many human rights. Therefore, this Article aims to determine the minimum essential content of the right to the internet in order to both understand the extent to which it deserves protection and to verify compliance with the obligations it entails. We describe the evolving nature of internet and broadband access due to technological developments and social needs. We also present the different positions regarding internet access as a human right or not, as well as how this right is acknowledged in the Mexican Constitution. [Methodology/Approach/Design] The methodology was the review and analysis of norms, case law, academic and public policy documents, as well as references to relevant statistical data. The scope of the paper is framed in the discussion of fundamental and human rights. [Findings] The right to internet access has both a negative dimension and a positive one. The negative dimension consists of a State obligation not to limit or restrict the right to internet access. The positive dimension must be determined using the economic, social, and cultural rights standard of the four As, namely, availability, accessibility, acceptability, and adaptability. Finally, we propose the minimum essential content of the right to internet access on those four characteristics. [Practical Implications] - This Article provides arguments and bases for the minimum essential content of the right to internet access and broadband which are relevant for policymakers, judicial decisions, and civil society. Also, the academic debate is and will be open on the subject matter of this paper insofar as the evolutionary nature of technology, demands a constant review and update of the minimum essential content of the right. [Originality/Value] There is currently no literature regarding what a right to internet access and broadband would include as obligations to States and other parties.
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Kudeikina, Inga. "Problems associated with the right of access in the context of the rights of the child in Latvia." SHS Web of Conferences 68 (2019): 01017. http://dx.doi.org/10.1051/shsconf/20196801017.
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The child is a special right-holder. In the legal system, the status of the child is characterised by substantive rights that are typical only for children and by different means of exercising and safeguarding rights, i.e. the rights of a child are exercised by custodians acting on behalf of the child. It should be noted that the state, which uses the levers of public power, is also involved in the protection and safeguarding of the rights of the child in the most direct way. The right of access should be mentioned as a special right of the child. This comprises the right of a child to direct contacts with the child's parents and siblings. Communication forms an integral part of daily lives of people as social beings. Communication with parents is essential for a child undergoing the process of personality development. The right of access is an absolute right, which may be restricted only in cases specified in laws, provided that access is harmful to a child. Although the right of access is provided for by law, the existing legal framework is still deficient, which is confirmed by frequent disputes arising over the exercise of this right.
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Fernández Salguero, James. "DESAFÍOS JURÍDICOS A PROPÓSITO DEL DERECHO AL ACCESO A LA INFORMACIÓN PÚBLICA EN MATERIA DE SALUD." SCIENTIARVM 1, no. 1 (July 4, 2015): 11–14. http://dx.doi.org/10.26696/sci.epg.0143.
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The 1993 Political Constitution contains parts that cannot be modified and that at the doctrinal level are called “dogmatic”, since they contain essential prerogatives for the protection of the fundamental rights of the person, such as the case of the right to access to the public information on health. There are many international legal instruments and antecedents that recognize this right aimed at building a more democratic and transparent society, such is the case, for example, the Pact of San José or the International Covenant on Civil and Political Rights. In this sense, based on a review of current doctrine and jurisprudence, the different nuances of the right of access to public information on health will be analyzed, in order to contrast it with a conjunctural issue, that is, the acquisition of vaccines regarding the spread of covid-19. Such analysis will show that, currently, there is an urgent need to generate more specific standards regarding the content of the right of access to health information, since, as will be indicated later, there is no constitutionally legitimate justification that legitimately prevents the citizens to know the price of the Sinopharm vaccine. Keywords: Right to health; Access to public information; vaccination
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Toplak, Jurij, and Boštjan Brezovnik. "Information delayed is justice denied." Informatologia 52, no. 1-2 (June 30, 2019): 1–8. http://dx.doi.org/10.32914/i.52.1-2.1.
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European Court of Human Rights ruled in 2016 that the European Convention on Human Rights includes a right to access information held by public authorities. While according to international documents the procedures for accessing information should be ‘rapid’, the courts have yet to rule on what ‘rapid’ means and when the procedures are so long that they violate rights of those asking for information. This article analyses the length of proceedings in access to information cases in Slovenia and Croatia. It shows that these two countries do not have a system of effective protection of rights because the authorities can easily delay disclosure of information for several years. It argues that lengthy procedures violate the right to access the information and the freedom of expression. It then presents solutions for improving access to information procedures in order for them to become ‘rapid’
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Wu Kai-Ming, Joshua. "A CONSTITUTIONAL RIGHT OF ACCESS TO INFORMATION IN MALAYSIA?" International Journal of Law, Government and Communication 8, no. 33 (September 25, 2023): 135–43. http://dx.doi.org/10.35631/ijlgc.833011.
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At the time of writing, for all intents and purposes, Malaysia does not expressly and incontrovertibly acknowledge the right of access to information. This article seeks to argue that Malaysia should recognise such a right. This article explores how such a right would be consistent with international human rights standards, regional human rights standards, Malaysia’s Cabinet policy decision on 11th July 2018, and the Federal Government’s current freedom of information practices. This article also examines how the Judiciary has in the past indicated its openness to the existence and/or applicability of such a right within Malaysian jurisprudence. This article lastly looks into how the right of access to information can become a constitutional right in Malaysia by way of judicial recognition and/or constitutional amendment.
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Knox, John H. "Constructing the Human Right to a Healthy Environment." Annual Review of Law and Social Science 16, no. 1 (October 13, 2020): 79–95. http://dx.doi.org/10.1146/annurev-lawsocsci-031720-074856.
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Despite the absence of a right to a healthy environment in the Universal Declaration of Human Rights or any global human rights treaty, environmental human rights law has rapidly developed over the past 25 years along three paths: ( a) the widespread adoption of environmental rights in regional treaties and national constitutions; ( b) the greening of other human rights, such as the rights to life and health, through their application to environmental issues; and ( c) the inclusion in multilateral environmental instruments of rights of access to information, public participation, and access to justice. After describing these developments, this review assesses the possible effects of UN recognition of the human right to a healthy environment, both on the environment and on human rights law itself.
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Humphries, Isabelle. "Access Denied: Palestinian Land Rights in." Holy Land Studies 3, no. 1 (May 2004): 119–20. http://dx.doi.org/10.3366/hls.2004.3.1.119.
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Ucarer, Emek M. "Layers of Rights, Channels of Access." International Studies Review 5, no. 2 (June 2003): 261–63. http://dx.doi.org/10.1111/1521-9488.502013.
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Van Tassel, E. "Credit access and transferable land rights." Oxford Economic Papers 56, no. 1 (January 1, 2004): 151–66. http://dx.doi.org/10.1093/oep/56.1.151.
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Smith, Roger. "Human rights and access to justice1." International Journal of the Legal Profession 14, no. 3 (November 2007): 261–80. http://dx.doi.org/10.1080/09695950802015849.
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Locksley, Gareth. "From exclusive rights to access charges." Utilities Policy 4, no. 3 (July 1994): 223–28. http://dx.doi.org/10.1016/0957-1787(91)90093-k.
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Brubaker, Linda, and Kirsten Bibbins-Domingo. "Health Care Access and Reproductive Rights." JAMA 328, no. 17 (November 1, 2022): 1707. http://dx.doi.org/10.1001/jama.2022.19172.
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Stalford, Helen. "Children’s Rights and Access to Justice." International Journal of Children’s Rights 32, no. 2 (June 3, 2024): 231–33. http://dx.doi.org/10.1163/15718182-32020010.
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