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Journal articles on the topic 'European Commission on Human Rights (1950)'

Author: Grafiati

Published: 4 June 2021

Last updated: 28 July 2025

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1

Pillai, Sheeba. "Right to Education under European Convention for the Protection of Human Rights and Fundamental Freedoms 1950." Christ University Law Journal 1, no. 1 (2012): 101–15. http://dx.doi.org/10.12728/culj.1.7.

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Right to education is one of the most important human rights and has been widely so acknowledged in several international and regional documents related to human rights. These documents have defined the right in an elaborate manner placing a lot of emphasis on compulsory elementary education and thereby making it obligatory on the states to provide the same and also guarantee equality of accessibility of education at higher levels. The European Convention on Human Rights 1950 has guaranteed the right to education in Article 2 of Protocol 1.Unlike the International Covenant on the Economi

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2

Nurhidayatuloh, Nurhidayatuloh, and Febrian Febrian. "ASEAN and European Human Rights Mechanisms, What Should be Improved?" PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 01 (2019): 151–67. http://dx.doi.org/10.22304/pjih.v6n1.a8.

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The human rights mentioned in the Universal Declaration on Human Rights (UDHR) are universal values agreed upon countries in the world. This is reflected by the fact that no state rejects the United Nations General Assembly Resolution in 1948. It is even strengthened by the ratification of two major international human rights covenants, which have binding legal powers. They are the International Covenant on Civil and Political Rights and the Covenant on Economic, Social, and Cultural Rights in 1966. European states are legally bound to human rights through the European Human Rights Convention

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Nurhidayatuloh, Nurhidayatuloh, and Febrian Febrian. "ASEAN and European Human Rights Mechanisms, What Should be Improved?" PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 01 (2019): 151–67. http://dx.doi.org/10.22304/pjih.v6n1.a8.

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The human rights mentioned in the Universal Declaration on Human Rights (UDHR) are universal values agreed upon countries in the world. This is reflected by the fact that no state rejects the United Nations General Assembly Resolution in 1948. It is even strengthened by the ratification of two major international human rights covenants, which have binding legal powers. They are the International Covenant on Civil and Political Rights and the Covenant on Economic, Social, and Cultural Rights in 1966. European states are legally bound to human rights through the European Human Rights Convention

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4

M. V., Zubrytska. "Provocation of a crime in the legal positions of the European Court of Human Rights and in the national judicial system." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (2020): 334–39. http://dx.doi.org/10.33663/2524-017x-2020-11-56.

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The legal positions of the European Court of Human Rights contain clear criteria for distinguishing provocation of a crime that violates the requirements of paragraph 1 of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, from lawful conduct in the use of secret methods in criminal proceedings: 1) verification of the validity of the provocation (material criterion of provocation); 2) the procedure for reviewing the complaint on provocation (procedural criterion of provocation); 3) methodology of assessment of the European Court of Human Rights. When

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Frowein, Jochen A. "The Transformation of Constitutional Law through the European Convention on Human Rights." Israel Law Review 41, no. 3 (2008): 489–99. http://dx.doi.org/10.1017/s0021223700000339.

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Only five years after the end of the Second World War terminating the complete disregard for human rights in one of the important European countries and in the occupied territories, the governments of European countries agreed on a European Bill of Rights and took the first steps toward collective enforcement of certain rights of the Universal Declaration, adopted by the General Assembly of the United Nations in 1948. Evidently the Convention was a response to the totalitarian ideologies prevailing in national socialism but also to the communist ideology and practice governing the Soviet Union

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6

Jankuv, Juraj. "Ľudské právo na životné prostredie a mechanizmy jeho ochrany v medzinárodnom práve." AUC IURIDICA 52, no. 4 (2025): 63–83. https://doi.org/10.14712/23366478.2025.116.

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The author deals in his contribution with the topic of the human right to the environment and the mechanisms of its protection in international law. Human right to the environment was implemented to the international law at the beginning of the seventies of the twentieth century in the scope of international environmental law. The legal arrangement of this human right was later logically connected with the international human rights law. That is why the international mechanisms of protection of this right are contained in two mentioned parts of international public law – international environm

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7

Rohach, O., and V. Fennych. "The influence of precedent practice of the European Court of Human Rights on the civil justice of Ukraine." Uzhhorod National University Herald. Series: Law 1, no. 72 (2022): 166–70. http://dx.doi.org/10.24144/2307-3322.2022.72.28.

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This article examines the influence of the decisions of the European Court of Human Rights on the development of the civil procedural law of Ukraine and the practice of applying its norms by domestic courts. The concept and essence of the precedent nature of decisions (decisions) of the European Court of Human Rights, their place in the system of so-called "judicial sources" of civil procedural law are defined. The shortcomings of the Law of Ukraine "On the implementation of decisions and application of the practice of the European Court of Human Rights" are indicated, which recognizes the pra

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8

Honcharenko, L. L. "Establishment of the Council of Europe’s activities on the protection of human rights and freedoms." Bulletin of Kharkiv National University of Internal Affairs 108, no. 1 (Part 1) (2025): 453–66. https://doi.org/10.32631/v.2025.1.37.

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The article is devoted to the process of the establishment of the Council of Europe's activities in the field of human rights and freedoms protection. The historical context of the creation of this organisation after the Second World War is analysed, in particular, the prerequisites that led to international cooperation of European countries on this issue. The founding of the Council of Europe in 1949, its basic principles enshrined in the Charter, as well as the stages of development of the organisation's human rights mechanism are considered. Considerable attention is paid to the adoption of

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9

PROTSENKO, Iryna, and Кostiantyn SAVCHUK. "Sovereign Rights of the State and the Scope of their Implementation in the Context of Development of the International Human Rights Law." Journal of Advanced Research in Law and Economics 11, no. 1 (2020): 164. http://dx.doi.org/10.14505//jarle.v11.1(47).20.

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In the contemporary science of international law, the state sovereignty issue lacks adequate treatment. In particular, the list and essence of sovereign rights and duties of the state are not defined, although these are referred to in some international legal instruments and resolutions of international courts and arbitrations. In addition, particular circumstances are being under development, which require if not precise outlining of the catalogue of fundamental rights of states, then at least determining the essence of some of these rights and the scope of their implementation. It goes about

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10

Felyk, Vasil, Vyacheslav Tylchyk, Rostislav Lemekha, Iryna Kurbatova, and Andrii Hmyrin. "Prevention of crimes performed by the Russian federation against humanity in Ukraine." Cuestiones Políticas 40, no. 73 (2022): 251–59. http://dx.doi.org/10.46398/cuestpol.4073.12.

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The purpose of the investigation is to improve criminal legislation in accordance with international standards in the context of the prevention of crimes against humanity in Ukraine. The issue of combating crimes against humanity in the twenty-first century was addressed. The commission of such crimes violates a number of international conventions and treaties, including the Rome Statute of the International Criminal Court of 17 July 1998, the Charter of the United Nations of 26 June 1945, the Universal Declaration of Human Rights of 10 December 1948, the Convention for the Protection of Human

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11

Polivanova, Olena, and Olga Poberezhna. "Will the European Union accede to the European Convention on Human Rights? ‘Before’ and ‘after’ the Opinion 2/13 of the ECJ." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 370–81. http://dx.doi.org/10.36695/2219-5521.1.2020.74.

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The article examines the European Union’s accession to the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms. To this end, two stages of accession are being examined: the stage before the Court of Justice of the European Union delivered its Opinion 2/13 of 18 December 2014 on the compatibility of the Draft agreement on the accession of the European Union to the Convention with the Treaty on the European Union and the Treaty on the Functioning of the European Union and the stage after this Opinon. In the frames of the first stage the prerequisites for the Court o

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Timofeyeva, Liliya. "Combating crimes against humanity in the 21st century." ScienceRise: Juridical Science, no. 1(19) (March 31, 2022): 30–36. http://dx.doi.org/10.15587/2523-4153.2022.254036.

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In the 21st century Ukraine faced with horrific crimes against humanity that were known during World War II. Despite the Minsk agreements, on February 24, 2022 the Russian Federation started a full-scale invasion of Ukraine. The issue of combating crimes against humanity in the 21st century is considered. The commission of such crimes violates a number of international conventions and treaties, including the Rome Statute of the International Criminal Court of 17 July 1998, the Charter of the United Nations of 26 June 1945, the Universal Declaration of Human Rights of 10 December 1948, the Conv

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Liliya, Timofeyeva. "Combating crimes against humanity in the 21st century." ScienceRise: Juridical Science, no. 1(19) (March 31, 2022): 30–36. https://doi.org/10.15587/2523-4153.2022.254036.

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In the 21st century Ukraine faced with horrific crimes against humanity that were known during World War II. Despite the Minsk agreements, on February 24, 2022 the Russian Federation started a full-scale invasion of Ukraine. The issue of combating crimes against humanity in the 21st century is considered. The commission of such crimes violates a number of international conventions and treaties, including the Rome Statute of the International Criminal Court of 17 July 1998, the Charter of the United Nations of 26 June 1945, the Universal Declaration of Human Rights of 10 December 1948, the Conv

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14

Мельничук, Ольга, та Олексій Саліхов. "Правове регулювання медіації у публічному управлінні". Public Management and Law History Theory Practice, № 2 (8 грудня 2022): 5–10. http://dx.doi.org/10.31652/2786-6068-2022-2-5-10.

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In this article the legal regulation of mediation in public administration is highlighted. It is indicated that the development of legislation on mediation shows the progress of the state in the direction of introducing alternative measures to facilitate access to justice, establishing partnership interaction between public authorities and private individuals. First of all, the Convention on the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 had a significant impact on the development of mediation as a tool that ensures the effectiveness of resolving legal disputes. In

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15

Terekhova, L. A. "National and supranational mechanisms for the protection of human rights and freedoms in contemporary conditions." Law Enforcement Review 6, no. 4 (2022): 208–19. http://dx.doi.org/10.52468/2542-1514.2022.6(4).208-219.

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Subject of the research. The article considers two levels in the mechanism of protection of human rights and freedoms: national and supranational. National includes both judicial and non-judicial methods of protection. The supranational level is represented by universal (global) and regional ways. The purpose of the research is to identify an effective mechanism for the protection of human rights that can replace the mechanism of protection provided by the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, which has ceased to be valid for citizens of the R

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16

Lanczová, Ingrid. "Restriction of Legal Capacity in the Slovak Law and Related Court Practice." Teka Komisji Prawniczej PAN Oddział w Lublinie 15, no. 2 (2022): 217–30. http://dx.doi.org/10.32084/tkp.4648.

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In the first part of the article, the author makes an excursion into history and gives the reader information about the legal capacity of persons in Slovak legal history. This part includes information about feudal law, the first related codification of 1877, the Czechoslovak Civil Code of 1950, and the Czechoslovak Civil Code of 1964. Further on, the author presents the up-to-date effective regulation encompassed in the Slovak Civil Code and in the procedural act, i.e., the Act on Non-Contentious Civil Procedure. At the center of attention is the abolishment of deprivation of legal capacity,

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17

Schermers, Henry G. "Acceptance of International Supervision of Human Rights." Leiden Journal of International Law 12, no. 4 (1999): 821–31. http://dx.doi.org/10.1017/s0922156599000412.

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The present article traces the developments with respect to questions of admissibility of claims brought before the European Commission of Human Rights and the European Court of Human Rights by private individuals. It would appear that over the years, the Commission and Court have dealt with an increasing number of cases, and have extended the scope of the infringement they permitted themselves to make on the domestic jurisdiction of states members to the European Convention of Human Rights.

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18

Mujuzi, Jamil Ddamulira. "The Right to Compensation for Wrongful Conviction/Miscarriage of Justice in International Law." International Human Rights Law Review 8, no. 2 (2019): 215–44. http://dx.doi.org/10.1163/22131035-00802003.

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Human rights treaties (including Article 14(6) of the International Covenant on Civil and Political Rights (iccpr); Article 3 of the Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms; and Article 10 of the American Convention on Human Rights) explicitly protect the right to compensation for wrongful conviction or miscarriage of justice. The African Charter on Human and Peoples’ Rights is silent on this right. The Human Rights Committee, the European Court of Human Rights, the African Commission on Human and Peoples’ Rights and the Inter-Ameri

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19

Tsveiba, Nikita A. "Participation of the European Union in the Judicial Process of the European Court of Human Rights: Co-Defendant Mechanism." Теория и практика общественного развития, no. 12 (December 27, 2023): 396–401. http://dx.doi.org/10.24158/tipor.2023.12.53.

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The article examines the features of the application of the co-defendant mechanism, provided by the Agree-ment on the Accession of the European Union to the European Convention on Human Rights of 1950, as the main mechanism for the participation of the European Union in the judicial process of the European Court of Human Rights. The author analyzes the problematic aspects of application of the co-defendant mechanism, as well as the novelties developed by the ad hoc group (46+1) within the framework of the newly opened in 2019 negotiations on the accession of the European Union to the European

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20

Starmer, Keir. "The European Convention on Human Rights and the Human Rights Act 1998." Legal Information Management 1, no. 1 (2001): 3–9. http://dx.doi.org/10.1017/s1472669600000207.

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The European Conversion for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) is an international treaty of the Council of Europe. It was adopted in 1950, ratified by the UK in 1951 and entered into force in 1953. The unsual feature of the Convention, as an international human rights instrument, is that it provides a mechanism for individuals to enforce their Convention rights against state parties.

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21

Bregu, Meljana. "The Impact of the Council of Europe and the Process of European Integration on Protection of Human Rights in Albania." Review of European Affairs 4, no. 1 (2020): 17–26. http://dx.doi.org/10.51149/roea.1.2020.2.

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The European integration process of Albania is bound to fulfillment of the accession criteria, a political criteria related to stability of institutions guaranteeing democracy, rule of law and protection of human rights. Protection of human rights is a core value for the EU as well as a pre- condition for candidate countries. The European Commission, through the annual progress reports, monitors protection of human rights and compliance of the domestic legislation with international human rights instruments; particularly the European Convention of Human Rights. Also, the Commission evaluates c

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22

Melnyk, O. "EXTRAJUDICIAL INSTITUTIONS IN THE SPHERE OF HUMAN RIGHTS PROTECTION IN THE EU." Grail of Science, no. 14-15 (June 9, 2022): 169–70. http://dx.doi.org/10.36074/grail-of-science.27.05.2022.027.

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In general, there are judicial and extrajudicial ways to protect human rights in the EU. Judicial protection of human rights from violations by international institutions falls within the jurisdiction of the Court of Justice. Extrajudicial institutions that protect the rights of the individual include the following: the Ombudsman of the European Union, the EU Agency for Fundamental Rights, and EU bodies such as the European Commission and the Council of the EU. It should be noted that the functions of these bodies in the field of individual rights are to protect the rights of the individual fr

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23

Ivanov, Dmitriy V. "International Protection of the Rights of Forced Migrants in Judgments of the European Court of Human Rights (Part II)." Moscow Journal of International Law, no. 1 (March 30, 2014): 44–61. http://dx.doi.org/10.24833/0869-0049-2014-1-44-61.

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The article highlights the role of the European Court of Human Rights in international protection of the rights of migrants and expands on the practice of the Court regarding various rights and freedoms granted by the European convention on human rights and its Protocols (1950).The present article continues the overall scientific research of aspects of international protection of forced migrants in the practice of the European Court of Human Rights.

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Kalancha, I. G. "THE CONCEPT OF CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS AS A SOURCE OF CRIMINAL PROCEDURAL LAW OF UKRAINE." Herald of criminal justice, no. 3-4 (2020): 8–21. http://dx.doi.org/10.17721/2413-5372.2020.3-4/8-21.

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The article deals with the ways of regarding the case law of the European Court of Human Rights as a source of criminal procedural law of Ukraine, which is relevant both in terms of the criminal procedure as a science and for the practice of law enforcement. The purpose of the article is to formulate the concept of the case law of the European Court of Human Rights as a source of criminal procedural law of Ukraine. The paper justifies the opinion that the case law of the European Court of Human Rights is developed and based on the decisions of the European Court of Human Rights and the Europea

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Kovler, Anatoly, and Evgeniy Fokin. "The Venice Commission and the European Court of Human Rights: common grounds." Meždunarodnoe pravosudie 11, no. 2 (2021): 72–92. http://dx.doi.org/10.21128/2226-2059-2021-2-72-92.

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Interaction of international justice bodies with expert organizations has not been the subject of an analysis performed by legal scholars. Meanwhile, cooperation between the European Commission for Democracy through Law (better known as Venice Commission) and the European Court of Human Rights makes it possible to establish many touch points in their activities. Despite the obvious differences in their status and subject competences both bodies are distinguished by the similarity of methodological approaches as evolutive interpretation of law, doctrine of margin of appreciation, conceptual fra

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Desgagné, Richard. "Integrating Environmental Values into the European Convention on Human Rights." American Journal of International Law 89, no. 2 (1995): 263–94. http://dx.doi.org/10.2307/2204204.

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Over the last two decades, the protection of the environment has become a necessity so widely recognized that environmental concerns have pervaded most fields of international law, including the international law of human rights. In 1976 the European Commission of Human Rights dismissed an application on the ground that “no right to nature conservation [was] as such included among the rights and freedoms guaranteed by the Convention and in particular by Arts 2, 3, or 5.” In 1993, however, the Commission found that the erection and operation of a waste and water treatment station near the domic

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O'Gorman, Roderic. "The ECHR, the EU and the Weakness of Social Rights Protection at the European Level." German Law Journal 12, no. 10 (2011): 1833–61. http://dx.doi.org/10.1017/s2071832200017582.

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Ever since the conceptual division of rights into three separate categories; civil, political and social, the legal status of social rights has been controversial. This divergence in views is illustrated by the decision of the Council of Europe in 1950 to protect civil and political rights through a judicial format where adherence to the European Convention on Human Rights (ECHR) was ensured by the European Court of Human Rights, whereas social rights were addressed separately through the European Social Charter (“Social Charter”), with merely a reporting mechanism to the European Committee of

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Nowicki, Marek Antoni. "NGOs before the European Commission and the Court of Human Rights." Netherlands Quarterly of Human Rights 14, no. 3 (1996): 289–302. http://dx.doi.org/10.1177/092405199601400304.

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Non-governmental organisations play an important part and are indispensable for the effective functioning of the international human rights protection machinery. This article is an overview of the role of NGOs in the procedure under the European Convention on Human Rights. They appear before the Convention institutions in various different capacities. Some of them claim to be victims of human rights violations. Many NGOs, especially human rights organisations, strive to provide assistance to individual applicants. Ratification of the European Convention on Human Rights by countries of Central

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Wils, Wouter P. J. "The Increased Level of EU Antitrust Fines, Judicial Review and the ECHR." World Competition 33, Issue 1 (2010): 5–29. http://dx.doi.org/10.54648/woco2010002.

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Some lawyers and businesses have claimed that, because of an increase in the level of antitrust fines imposed by the European Commission in recent years, these fines have become criminal in nature and that the current institutional and procedural framework in which fines are imposed by the European Commission, with subsequent judicial review by the EU Courts, is no longer compatible with the European Convention on Human Rights (ECHR). This paper critically examines those claims. The main point to be retained is that the case law of the European Court of Human Rights distinguishes between, on t

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McMahon, Joe, and Lammy Betten. "II. Human Rights." International and Comparative Law Quarterly 50, no. 3 (2001): 690–701. http://dx.doi.org/10.1093/iclq/50.3.690.

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At the Nice Summit in December 2000, Europe's political leaders adopted the much-discussed EU Charter on Fundamental Rights in the form of a legally non-binding political declaration. It is the second such instrument in relation to human rights protection.1 The Presidency Conclusions to both the 1999 Cologne and Tampere Summits ordered the preparation of a draft Charter which was to be solemnly proclaimed by the European Parliament, the Commission and Council at the Nice Summit.2 It was only after that fact that “It will … have to be considered whether and, if so, how the Charter should be int

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Tsveiba, N. A. "Analysis of the Main Achievements of the Negotiation Process for the Accession of the European Union to the European Convention on Human Rights of 1950 (2019-2023)." Journal of Law and Administration 19, no. 4 (2024): 85–94. http://dx.doi.org/10.24833/2073-8420-2023-4-69-85-94.

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Introduction. The article examines the main stages and achievements in the work of the ad hoc group (46+1) based on the results of the past 14 rounds of the negotiation process on the accession of the European Union to the European Convention on Human Rights of 1950. The author examines the fundamental problems prevented the European Union from accessing to the European Convention on Human Rights in 2013, as well as the novellas included in the revised draft Agreement on the Accession of the European Union to the European Convention on Human Rights, such as the application of Articles 33 and 5

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Wiseberg, Laurie S. "The African Commission on Human and Peoples’ Rights." Issue: A Journal of Opinion 22, no. 2 (1994): 34–41. http://dx.doi.org/10.1017/s0047160700501917.

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In an article I wrote in the pages of this journal in 1976, I expressed considerable scepticism about the prospect of African governments drafting a human rights convention for Africa or establishing a regional human rights body similar to the European and Inter-American Commissions on Human Rights. Even though there had been calls for the creation of such a human rights mechanism as early as 1961, at the Lagos Conference on the Rule of Law, organized by the International Commission of Jurists (ICJ), I thought that the time did not yet “seem propitious for such a move.”

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Halberstam, Daniel. "Opinion 2/13 of the Court (C.J.E.U.)." International Legal Materials 55, no. 2 (2016): 267–306. http://dx.doi.org/10.5305/intelegamate.55.2.0267.

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Opinion 2/13 of the Court of Justice of the European Union (CJEU) declared the draft agreement on European Union accession to the European Convention on Human Rights (ECHR) incompatible with the Treaty on European Union. The Opinion comes toward the end of a long and gradual process of incorporating human and fundamental rights principles into the legal system of the European Community and its successor, the European Union. Opinion 2/13 sends the Commission back to the drawing board on what has long been seen as the capstone of that process—EU accession to the Strasbourg human rights regime as

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Ashirbekova, A., D. Bugibay, and V. Tapakova. "Venice Commission: contribution to the development of the ombudsman institution in Kazakhstan." Bulletin of the L.N. Gumilyov Eurasian National University. Law Series 151, no. 2 (2025): 42–59. https://doi.org/10.32523/2616-6844-2025-151-2-42-59.

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The purpose of the article is to analyze the contribution of the European Commission for Democracy through Law of the Council of Europe (Venice Commission) to the development of the ombudsman institution in Kazakhstan. In this regard, three opinions of the Venice Commission concerning the ombudsman institution in Kazakhstan were studied such as: 1099\2022 – Opinion on the draft constitutional law “On the Commissioner for the Human Rights”; 1056\2021- Opinion on the draft law “On the Commissioner for Human Rights” ; CDL-AD (2007)020 Opinion on a possible reform of the ombudsman institution in K

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Rebkalo, M. M., and V. S. Oliinyk. "INSTITUTIONAL STRUCTURE OF THE EUROPEAN AND INTER-AMERICAN PROTECTION SYSTEM OF HUMAN RIGHTS: COMPARATIVE LEGAL ANALYSIS." Scientific Herald of Sivershchyna. Series: Law 2024, no. 2 (2024): 71–81. http://dx.doi.org/10.32755/sjlaw.2024.02.071.

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Institutional accoding to normative framework adopted by international organizations established on the European and American continents. In addition, in Europe it is supplemented by the European Union Acts. Both systems have judicial and extrajudicial human rights protection mechanisms. The key judicial bodies are the European and Inter-American Courts for the Protection of Human Rights. Courts perform jurisdictional, advisory and preventive functions. They are authorized to decide both interstate complaints and individual petitions. An indicative criterion for the effectiveness of the work o

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36

Wilson, Richard J. "Restoration of Historical Memory and Dignity for Victims of the Armenian Genocide." International Criminal Law Review 14, no. 2 (2014): 332–42. http://dx.doi.org/10.1163/15718123-01401003.

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This article argues that United Nations human rights principles and new developments in the Inter-American Commission on Human Rights and the European Court of Human Rights suggest a route to provide effective reparation through restoration of historical memory and dignity for victims of the Armenian Genocide.

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Mohamed, Abdelsalam A. "Individual and NGO participation in human rights litigation before the African Court of Human and Peoples' Rights: lessons from the European and Inter-American Courts of Human Rights." Journal of African Law 43, no. 2 (1999): 201–13. http://dx.doi.org/10.1017/s0021855300011347.

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In terms of article 6(1) of the Protocol Establishing the African Court of Human and Peoples' Rights, the Court may entitle both relevant non-governmental organizations (NGOs) with observer status before the African Commission on Human and Peoples' Rights (the Commission), and individuals to institute directly before it, urgent cases or cases of serious, systematic or massive violations of human rights. In deciding the admissibility of cases brought under article 6(1), the Court may request the opinion of the Commission which must give its opinion as soon as possible. Additionally, article 25(

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Wils, Wouter P. J. "EU Anti-trust Enforcement Powers and Procedural Rights and Guarantees: The Interplay between EU Law, National Law, the Charter of Fundamental Rights of the EU and the European Convention On Human Righ." World Competition 34, Issue 2 (2011): 189–213. http://dx.doi.org/10.54648/woco2011018.

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This paper deals with the powers of the European Commission and the competition authorities of the European Union (EU) Member States to enforce Articles 101 and 102 Treaty on the Functioning of the European Union (TFEU) and with the procedural rights and guarantees that circumscribe or limit these powers. It focuses in particular on the interplay between the different sources of law governing these matters: EU and national legislation, the Charter of Fundamental Rights of the EU, the European Convention on Human Rights, and the case law of the EU Courts and the European Court of Human Rights.

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Jočienė, Dr Danutė. "Socialinės teisės Europos žmogaus teisių teismo praktikoje." Teisė 66, no. 2 (2008): 21–43. http://dx.doi.org/10.15388/teise.2008.2.387.

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The present Article deals with the question of interpretation of social rights in the jurisprudence of the European Court of Human Rights (thereafter – the Court)1. In the article the Author analyses the social rights’ issues under the European Convention on Human Rights and their interpretation given by the European Court of Human Rights. Social rights were not included into the text of the Convention adopted in 1950. Nevertheless, the Court has opened the door for a new interpretation of human rights enshrined in the Convention taking into account the social issues of the rights involved and

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Беляцкая, Анна Михайловна. "Features of Ombudsman Institution in Latin America and Asia." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 2 (June 15, 2022): 56–59. http://dx.doi.org/10.26163/gief.2022.88.61.009.

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В статье проведен анализ закона Мексиканских Соединенных Штатов «О Национальной комиссии по правам человека» от 29 июня 1992 года и закона Республики Кореи «О Национальной комиссии по правам человека Кореи» от 24 мая 2001 года. Автор приходит к выводу, что Национальная комиссия по правам человека Мексики и Национальная комиссия по правам человека Кореи являются аналогом института омбудсмана, который широко распространен в различных европейских странах. We analyze the law of the Unites States of Mexico "On National Human Rights Commission" of 29 June 1992 and the law of the Republic of Korea "O

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Of the Journal, Editorial board. "European Convention for the Protection of Human Rights and Fundamental Freedoms." Ukrainian Religious Studies, no. 2 (September 27, 1996): 69–70. http://dx.doi.org/10.32420/1996.2.44.

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EUROPEAN CONVENTION ON THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS Signed on November 4, 1950 by the representatives of the first member states of the Council of Europe, is the main document of the Council of Europe

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César Pinto, Yoseland. "LA JUSTICIABILIDAD DE LOS DESC MEDIANTE UN ANALISIS DE SENTENCIAS DEL TRIBUNAL EUROPEO Y LA CORTE INTERAMERICANA DE DERECHOS HUMANOS." Spanish Journal of Legislative Studies, no. 6 (December 20, 2024): 1–28. https://doi.org/10.21134/mwd8ny21.

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This article provides a comparative view of the justiciability of ESCR in the European and Inter-Ame-rican Regional Systems for the Protection of Human Rights. It examines the regulations on ESCR in force in the European Convention on Human Rights of 1950 and the European Social Charter of 1961of the European System, and the American Convention on Human Rights of 1969 and the Protocol ofSan Salvador of 1988, of the Inter-American System, respectively; as well as the jurisprudence of thehuman rights courts to determine how the justiciability of ESCR has been approached in both systems,noting th

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Abrusci, Elena. "The European Court of Human Rights and Its Contribution to Judicial Fragmentation in International Human Rights Law." Proceedings of the ASIL Annual Meeting 113 (2019): 92–95. http://dx.doi.org/10.1017/amp.2019.148.

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Following the International Law Commission Report on Fragmentation in International Law (IL), scholars have started to question whether such fragmentation could also have affected its subbranches, and, especially, international human rights law (IHRL). Due to the proliferation of both IHRL norms and institutions, especially at the regional level, this appeared to be a real possibility.

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Poffé, Léon R. L. "The European Convention on Human Rights: Merger Proposal for Commission and Court." Leiden Journal of International Law 2, no. 1 (1989): 90–96. http://dx.doi.org/10.1017/s0922156500001114.

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Most European courts face overloading. Therefore the Single European Act has incorporated Article 168A into the lifiC Treaty. According to this article the Court of Justice of the European Communities may request the Council to create a Court of First Instance with a limited jurisdiction. This request has been made by the Court on September 29, 1987; by its decision of October 24,1988 the Council has approved of this request. The reason behind this proposed change in the procedure before the Court of Justice is the enormous pile of cases on the desks of the Judges in Luxembourg. Apart from thi

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Reidy, Aisling, Françoise Hampson, and Kevin Boyle. "Gross Violations of Human Rights: Invoking the European Convention on Human Rights in the Case of Turkey." Netherlands Quarterly of Human Rights 15, no. 2 (1997): 161–73. http://dx.doi.org/10.1177/092405199701500203.

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Situations of gross violation of human rights require a larger response than is possible through the invocation of complaints mechanisms in international human rights treaties. Nevertheless such international legal procedures can have an influence through the impartial establishment of disputed facts and international accountability. The European Convention on Human Rights has been invoked against Turkey by a large number of citizens of Kurdish origin claiming to be victims of practices of violation by the security forces in the emergency region of the South East. The experience of these cases

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Kadelbach, Stefan. "Nuclear Testing and Human Rights." Netherlands Quarterly of Human Rights 14, no. 4 (1996): 389–400. http://dx.doi.org/10.1177/092405199601400402.

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On 4 December 1995, the European Commission of Human Rights dismissed a complaint filed by inhabitants of French Polynesia against the decision of the President of the French Republic to resume underground nuclear testing in the South Pacific. The case raises a series of issues regarding both substantive human rights law and procedural law which are of general interest for human rights litigation in cases of degradation of the environment. The decision misses the opportunity to elaborate on how to protect human fights against potentially harmful activities when the risk incurred is in dispute.

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Tanasescu, Tudor. "THE COUNCIL OF EUROPE AND ITS MECHANISMS FOR PROTECTING AND GUARANTEEING HUMAN RIGHTS." Agora International Journal of Juridical Sciences 10, no. 2 (2016): 42–52. http://dx.doi.org/10.15837/aijjs.v10i2.2802.

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The Council of Europe represents the main regional/European international intergovernmental organization in which the most efficient mechanisms for guaranteeing and protecting human rights have been initiated and developed.The mechanisms implemented by this organization, aiming to protect and guarantee human rights, established through the conventional judicial tools adopted by the Council of Europe are: The European Court for Human Rights (jurisdictional mechanism), established by the European Convention on Human Rights, the conventional non-jurisdictional mechanisms for monitoring, as well a

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Griffith, Richard. "How the prohibition of torture under human rights law applies to nursing." British Journal of Nursing 30, no. 11 (2021): 680–81. http://dx.doi.org/10.12968/bjon.2021.30.11.680.

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Richard Griffith, Senior Lecturer in Health Law at Swansea University, considers the prohibition of torture under Article 3 of the European Convention on Human Rights (1950) and why it is relevant to nursing

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Foster, Steve. "The protection of human rights in domestic law: learning lessons from the European Court of Human Rights." Northern Ireland Legal Quarterly 53, no. 3 (2020): 232–67. http://dx.doi.org/10.53386/nilq.v53i3.697.

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The Human Rights Act 1998 came into force in October 2000, its purpose to allow victims of alleged violations of rights contained in the European Convention on Human Rights (1950) to pursue a remedy in the domestic courts. Thus, central to the Act’s purpose is to enable the access of the rights and remedies already provided by the machinery of the European Convention, subject only to those provisions of the Act which seek to retain the principle of parliamentary sovereignty. The purpose of this article is to study the case law of the European Court of Human Rights in relation to cases brought

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Fouwels, Martine. "The European Union's Common Foreign and Security Policy and Human Rights." Netherlands Quarterly of Human Rights 15, no. 3 (1997): 291–324. http://dx.doi.org/10.1177/092405199701500303.

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The dispute between the European Union (EU) Member States which broke out over the EU resolution on human rights abuses in China during the 1997 session of the Commission on Human Rights (CHR) in Geneva focused attention on the Common Foreign and Security Policy (CFSP). The present article offers a comprehensive review of the functioning of this institution in the field of the promotion and protection of human rights since the coming into force of the Treaty on European Union in November 1993. 1

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