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Journal articles on the topic 'Fundamental rights of individuals'
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1
Kamali, Mohammad H. "Fundamental Rights of the Individual." American Journal of Islam and Society 10, no. 3 (October 1, 1993): 340–66. http://dx.doi.org/10.35632/ajis.v10i3.2491.
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Despite the ubiquitous Occurrence of the word huqq in the works ofclassical jurists, a precise definition has never been articulated. Earlier religiousscholars have relied on its literal meaning, while modem scholarshave tried to provide a comprehensive definition. This essay looks intothe definition of haqq and ascertains, on a selective basis, some aspectsthat have engendered controversy and debate. It also discusses the tendencyin Islamic law to place greater emphasis on obligations than onrights. I have attempted to develop a perspective on this and have, in themeantime, ad&essed the suggestion by westem commentators that theShari'ah does not recognize rights, but only obligations.The answers given are partly the outcome of my reflections based onnearly a decade of intermittent research on basic rights and liberties in Islamiclaw. I have tried to advance an understanding of this basic and yetcomplex juridical issue and have related my analysis to the ongoing debateon the general subject of human rights. An adequate understandingof haqq in Islamic law quires looking into sseveral related themes, andmy attempt to do this has enabled me to identify the roots of what I regardto be a petsistent misunderstanding of Islamic law on this subject ...
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Osipova, Sanita. "Sodītas personas kā valsts stigmatizēta grupa Satversmes tiesas judikatūrā." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, no. 20 (2021): 24–39. http://dx.doi.org/10.25143/socr.20.2021.2.024-039.
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The research aims to analyse the case law of the Constitutional Court in respect to restrictions on the fundamental rights of convicted individuals in correlation with society’s views of convicts. To do so, along with the methods of legal science, i.e., analysis of legal provisions and case law, the research uses sociological concepts, methods, and sources. The fundamental rights of an individual require that the State protects every individual’s human dignity in equal measure. However, even modern-day society still stigmatises particular groups of individuals, restricting their rights without good reason. The case law of the Constitutional Court of Latvia marks convicted individuals as a stigmatised group with limited rights. In the cases analysed in the research, not even the minimum standards of fundamental rights protecting personal privacy were applied to persons serving a sentence for serious offences, with no individual assessment provided for, because society’s opinion, among other things, denies prisoners such fundamental rights. Furthermore, a part of the convicted individuals suffers a life-long stigma as they keep being restricted in their rights – e.g., rights to employment or to family life – even after the conviction has been expunged. The State has to realise if it limits possibilities for convicted individuals to lead a legitimate life enjoying full rights, probability of repeated offences by such individuals will be higher. By unreasonably restricting inclusion of convicted individuals in its life, society endangers rather than protects itself.
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Sadeleer, Nicolas de. "Enforcing EUCHR Principles and Fundamental Rights in Environmental Cases." Nordic Journal of International Law 81, no. 1 (2012): 39–74. http://dx.doi.org/10.1163/157181011x618758.
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So far, EU treaty law does not encapsulate any individually justiciable rights to a clean environment or to health. The article explores whether individuals can rely on the environmental duties embodied in the European Union Charter of Human Rights (EUCHR), and the European Convention on Human Rights (ECHR) in cases falling within the scope of EU environmental law. Moreover, it takes a close examination of the case law of both the Court of Justice of the European Union and the European Court of Human Rights regarding the standing of individuals whose environment is impaired.
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Carvalho, Tânia, Pedro Faria, Luís Antunes, and Nuno Moniz. "Fundamental privacy rights in a pandemic state." PLOS ONE 16, no. 6 (June 2, 2021): e0252169. http://dx.doi.org/10.1371/journal.pone.0252169.
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Faced with the emergence of the Covid-19 pandemic, and to better understand and contain the disease’s spread, health organisations increased the collaboration with other organisations sharing health data with data scientists and researchers. Data analysis assists such organisations in providing information that could help in decision-making processes. For this purpose, both national and regional health authorities provided health data for further processing and analysis. Shared data must comply with existing data protection and privacy regulations. Therefore, a robust de-identification procedure must be used, and a re-identification risk analysis should also be performed. De-identified data embodies state-of-the-art approaches in Data Protection by Design and Default because it requires the protection of direct and indirect identifiers (not just direct). This article highlights the importance of assessing re-identification risk before data disclosure by analysing a data set of individuals infected by Covid-19 that was made available for research purposes. We stress that it is highly important to make this data available for research purposes and that this process should be based on the state of the art methods in Data Protection by Design and by Default. Our main goal is to consider different re-identification risk analysis scenarios since the information on the intruder side is unknown. Our conclusions show that there is a risk of identity disclosure for all of the studied scenarios. For one, in particular, we proceed to an example of a re-identification attack. The outcome of such an attack reveals that it is possible to identify individuals with no much effort.
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Mustafa, Areean Mahmood. "Comprehension of the Principle of Good Administration in the Framework of EU Administrative Law." Journal of University of Human Development 3, no. 1 (March 31, 2017): 259. http://dx.doi.org/10.21928/juhd.v3n1y2017.pp259-267.
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Good administration is a European administrative principle that could be deemed as an instrument for enhancing transparency, legal certainty and predictability in administrative procedures. There is no certain definition for the principle. The definitions differ depending on the disparity of the viewpoints. Charter of Fundamental Right of the European Union classifies the principle as one of the fundamental rights of individuals, while the European Union’s Courts differentiate between the various sub-components of the principle to establish a comprehension for their characteristics. The current article suggests that the principle could be understood from both sides, although perceiving it as a fundamental right would more reasonably establish a stronger protection for the individuals in their contact with the administrative institutions; as the individuals’ rights are now more central in the modern administrative systems around the globe.
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Matu, Doris. "Walking the Tight Rope: Balancing the Property Rights of Individuals with the Right to Housing of Informal Settlers." Strathmore Law Review 1, no. 2 (June 1, 2016): 95–118. http://dx.doi.org/10.52907/slr.v1i2.78.
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The Constitution of Kenya, 2010 provides for the right to property in Article 40. Further, in Article 43 (1)(b), it provides for the right to accessible and adequate housing. The purpose of this article is to show the conflict that arises between the right to property for owners of land and the right to housing of the informal settlers living on these privately owned lands. The main objective is to investigate the concept of illegal forced evictions and the legal framework that surrounds the practices that render such evictions against the principle of human dignity and the right to accessible and adequate housing in the context of informal settlements. The 2010 Constitution states that every person shall enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom. This renders important the concern that arises when persons informally settle onto land that they have no legal title to; what is the balance to be maintained between property rights and housing rights as provided for in the Bill of Rights.
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Zylberman, Ariel. "Human rights and the rights of states: a relational account." Canadian Journal of Philosophy 46, no. 3 (June 2016): 291–317. http://dx.doi.org/10.1080/00455091.2016.1162349.
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AbstractWhat is the relationship between human rights and the rights of states? Roughly, while cosmopolitans insist that international morality must regard as basic the interests of individuals, statists maintain that the state is of fundamental moral significance. This article defends a relational version of statism. Human rights are ultimately grounded in a relational norm of reciprocal independence and set limits to the exercise of public authority, but, contra the cosmopolitan, the state is of fundamental moral significance. A relational account promises to justify a limited conception of state sovereignty while avoiding the familiar cosmopolitan criticisms of statist accounts.
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Oakes, Leigh. "Promoting language rights as fundamental individual rights: France as a model?" French Politics 9, no. 1 (March 16, 2011): 50–68. http://dx.doi.org/10.1057/fp.2010.24.
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Rodríguez-Arana Muñoz, Jaime. "General considerations on fundamental social rights." RDAI | Revista de Direito Administrativo e Infraestrutura 2, no. 5 (June 30, 2018): 131–63. http://dx.doi.org/10.48143/rdai/05.jram.
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Esto trabajo busca presentar las reflexiones sobre el concepto de los derechos fundamentales sociales como aquellos que requieren acción positiva de los Poderes públicos para garantizar condiciones de vida digna a todos los hombres. En la introducción, serán presentadas las clasificaciones de Donnely, Laporta y Noriega, para, después, tratar de la posición constitucional del tema en España para se construir el concepto de libertad solidaria señalando-se como el punto de partida para criticar posiciones de extrema derecha e izquierda donde se propone que es necesario reconocer la libertad solidaria como el mecanismo de comprensión de los derechos fundamentales, aunque parezca un concepto contradictorio. Puesto el concepto de libertad solidaria, pasa-se a criticar la tesis de que los derechos fundamentales sociales sean apenas principios de política económica y social o metas políticas. Los derechos sociales fundamentales se afirman como derechos fundamentales individuales y así deben ser reconocidos. O sea, los derechos fundamentales individuales u sociales son inescindibles. En fin se tratará de la delimitación del concepto de derechos sociales fundamentales a partir del estudio de los conceptos jurídicos de los derechos generales, derechos fundamentales y posiciones iusfundamentales.
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Oliveira, Celso Maran de. "Sustainable access to safe drinking water: fundamental human right in the international and national scene." Ambiente e Agua - An Interdisciplinary Journal of Applied Science 12, no. 6 (November 23, 2017): 985. http://dx.doi.org/10.4136/ambi-agua.2037.
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Access to potable water is absolutely essential to the maintenance of life, as well as to provide regular exercise of other human rights. The lack of access to water in sufficient quantity or access to non-potable water may cause serious and irreparable damage to people. This paper investigates the evolution of international and national recognition of this fundamental human right, whether implicit or explicit. This was accomplished by the study of international human rights treaties, bibliographic information on water resources and their corresponding legal systems, national and international. The results suggest that sustainable access to drinking water is a fundamental human right in the context of international relations and the State. Further, even without explicitly stating this right in the Constitution of 1988, Brazil has incorporated the main international provisions on the subject, but this right must be acknowledged according to the principles of non-typical fundamental rights and the dignity of the human person. This right should be universally guaranteed by the Government in sufficient quantity and quality, regardless of the economic resources of individuals.
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Lynskey, Orla. "DECONSTRUCTING DATA PROTECTION: THE ‘ADDED-VALUE’ OF A RIGHT TO DATA PROTECTION IN THE EU LEGAL ORDER." International and Comparative Law Quarterly 63, no. 3 (June 25, 2014): 569–97. http://dx.doi.org/10.1017/s0020589314000244.
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AbstractArticle 8 of the EU Charter of Fundamental Rights sets out a right to data protection which sits alongside, and in addition to, the established right to privacy in the Charter. The Charter's inclusion of an independent right to data protection differentiates it from other international human rights documents which treat data protection as a subset of the right to privacy. Its introduction and its relationship with the established right to privacy merit an explanation. This paper explores the relationship between the rights to data protection and privacy. It demonstrates that, to date, the Court of Justice of the European Union (CJEU) has consistently conflated the two rights. However, based on a comparison between the scope of the two rights as well as the protection they offer to individuals whose personal data are processed, it claims that the two rights are distinct. It argues that the right to data protection provides individuals with more rights over more types of data than the right to privacy. It suggests that the enhanced control over personal data provided by the right to data protection serves two purposes: first, it proactively promotes individual personality rights which are threatened by personal data processing and, second, it reduces the power and information asymmetries between individuals and those who process their data. For these reasons, this paper suggests that there ought to be explicit judicial recognition of the distinction between the two rights.
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Butler, Andrew S. "Legal Aid Before Human Rights Treaty Monitoring Bodies." International and Comparative Law Quarterly 49, no. 2 (April 2000): 360–89. http://dx.doi.org/10.1017/s0020589300064198.
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The right of individuals to have recourse to international human rights bodies has been regarded as one of the most significant developments in securing respect for and the promotion of universal fundamental rights and freedoms.1 First, it ensures that individuals subjected to human rights violations have an alternative forum should the domestic judicial forums not be persuaded of the existence of rights violations, for whatever reason. Secondly, the availability of an individual's right of recourse affirms the fact that the individual is an actor cognisable by international law, and is not dependent on the intervention of other States for the safeguarding of his or her rights.2 This is particularly important, as many States are slow to engage complaint mechanisms against another State for fear of reprisal (be it in the form of economic or political sanctions, or the instigation of a complaint under the same mechanism by the other state), lack of interest, or otherwise.3 Thirdly, the existence of such fora, and the right of individual complaint from a variety of countries, are useful in developing a common universal standard of human rights observance.4 The combined result of these is that implementation of the goals set out in the international human rights instruments is facilitated because the means for their enforcement are not dependent upon international politics but rather are put in the hands of the rights holders. In turn, such machinery should improve State compliance.5
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Hofmann, Herwig C. H., and C. Mihaescu. "The Relation between the Charter's Fundamental Rights and the Unwritten General Principles of EU Law: Good Administration as the Test Case." European Constitutional Law Review 9, no. 1 (February 2013): 73–101. http://dx.doi.org/10.1017/s1574019612001046.
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Charter of Fundamental Rights of the EU – Multiple sources of fundamental rights in the EU legal system – Non-hierarchical, pluralistic understanding of their interrelationship – Case study: the right to good administration – Difficulties in defining the scope of the right to good administration under the Charter and that of the right to good administration as a general principle of EU law – Adoption of a pluralistic understanding of the EU fundamental rights’ sources allows for a clarification and improved understanding of the individual's rights in the EU legal system
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Orentlicher, David. "Rights to Healthcare in the United States: Inherently Unstable." American Journal of Law & Medicine 38, no. 2-3 (June 2012): 326–47. http://dx.doi.org/10.1177/009885881203800204.
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Although international covenants have long recognized a fundamental right to healthcare, and other countries provide healthcare coverage for all of their citizens, rights to healthcare in the United States have been adopted only grudgingly, and in a manner that is inherently unstable. While a solid right to healthcare would provide much benefit to individuals and society, the political and judicial branches of the U.S. government have granted rights that are incomplete and vulnerable to erosion over time.Unfortunately, enactment of the Patient Protection and Affordable Care Act (ACA) does not change these fundamental weaknesses in the regime of U.S. healthcare rights. Millions of Americans will remain uninsured after ACA takes full effect, and rather than creating a more stable right to healthcare, ACA gives unstable rights to more people. As a result, even if ACA survives its constitutional challenges, access to healthcare still will be threatened by the potential for attrition of the rights that ACA provides.
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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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Reyntjens, Louise. "Citizenship Deprivation under the European Convention-System: A Case Study of Belgium." Statelessness & Citizenship Review 1, no. 2 (December 17, 2019): 263–82. http://dx.doi.org/10.35715/scr1002.114.
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In response to Islamic-inspired terrorism and the growing trend of foreign fighters, European governments are increasingly relying on citizenship deprivation as a security tool. This paper will focus on the question of how the fundamental rights of individuals deprived of their citizenship are affected and which protection is offered for them by the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘ECHR’). In many countries, these new and broader deprivation powers were left unaccompanied by stronger (procedural) safeguards that protect the human rights they might affect. Unlike the Universal Declaration of Human Rights or the International Covenant on Civil and Political Rights, the ECHR does not provide for an explicit right to citizenship. The question therefore rises what protection, if any, is offered by the ECHRsystem against citizenship deprivation and for the right to citizenship. Through a case study of the Belgian measure of citizenship deprivation, the (implicit) protection provided by the Convention-system is demonstrated.
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Van Ballegooij, Wouter, and Petra Bárd. "Mutual Recognition and Individual Rights." New Journal of European Criminal Law 7, no. 4 (December 2016): 439–64. http://dx.doi.org/10.1177/203228441600700405.
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This article focuses on the case-law of the Court of Justice and the dialogue it conducted with national apex courts when seeking to reconcile the ‘free movement of judicial decisions’, as facilitated by mutual recognition, and individual rights in its interpretation of the Framework Decision on the European Arrest Warrant. The present analysis shall concentrate on the recent judgment in Aranyosi and Căldăraru. The article concludes that for the sake of legal certainty, more guidance should be provided under EU legislation to make sure that judicial cooperation does not lead to disproportionate intrusions on individual rights or even violations of absolute rights. This should be accompanied by a permanent mechanism for monitoring and addressing Member State compliance with democracy, the rule of law and fundamental rights. Ultimately, however, the courts will have to play a crucial role in carving out and applying fundamental rights exceptions. In providing guidance to national courts, the Court of Justice needs to further clarify that the application of mutual recognition and fundamental rights exceptions are not in conflict and show proper deference to the norms developed by the European Court of Human Rights and national (constitutional) courts.
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Hristozova, Mariya. "Human rights in the fight against terrorism: Sanctions regimes of the United Nations Security Council." Law Journal of New Bulgarian University 15, no. 1-3 (April 10, 2020): 35–42. http://dx.doi.org/10.33919/ljnbu.19.1-3.2.
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In the last decade, the growing number of acts of terrorism that threaten world peace and security, as well as the fundamental values in every democratic society, in particular respect for fundamental human rights, have called for more active action by the international community in the struggle with terrorism. In this regard, the United Nations Security Council adopted a number of resolutions establishing sanctions regimes against the Islamic State of Iraq and Levant (IDES), Al-Qaida and the Taliban, and other individuals, groups, and related entities and suspected terrorist suspects. Despite the social purpose of these regimes, they created serious preconditions for violations of the human rights of the affected subjects, in particular the right to a fair trial, the right to an effective remedy, the right to property, the right of the persons concerned to be informed of the charges against them, the right to be heard and other procedural rights. This circumstance calls for reforms to be made to the arrangements in place to ensure fundamental human rights in the fight against terrorism.
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Dąbrowska, Anna. "The environmental right in the system of the Convention for the Protection of Human Rights and Fundamental Freedoms – selected aspects." Environmental Protection and Natural Resources 31, no. 4 (December 1, 2020): 1–7. http://dx.doi.org/10.2478/oszn-2020-0015.
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Abstract This paper aims to discuss the place of environmental right in the system of the 1950 European Convention – a fundamental Council of Europe treaty on protection of human rights. Interestingly, it does not explicitly guarantee the environmental right, it needs to be determined; therefore, if individuals can cite violations of this right in their complaints to the European Court of Human Rights – the authority guarding obedience to the European Convention. Analysis of the Strasbourg decisions implies the environmental right can be applied to highly diverse situations. In practice, complainants cite its infringements in connection with violations of the right to private and family life as incorporated in Article 8 of the European Convention. This does not mean, however, every time a complainant cites Article 8 of the European Convention to accuse a state of breaching their environmental rights, the European Court is going to accept such a charge.
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Dąbrowska, Anna. "The environmental right in the system of the Convention for the Protection of Human Rights and Fundamental Freedoms – selected aspects." Environmental Protection and Natural Resources 31, no. 4 (December 1, 2020): 1–7. http://dx.doi.org/10.2478/oszn-2020-0011.
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Abstract This paper aims to discuss the place of environmental right in the system of the 1950 European Convention – a fundamental Council of Europe treaty on protection of human rights. Interestingly, it does not explicitly guarantee the environmental right, it needs to be determined; therefore, if individuals can cite violations of this right in their complaints to the European Court of Human Rights – the authority guarding obedience to the European Convention. Analysis of the Strasbourg decisions implies the environmental right can be applied to highly diverse situations. In practice, complainants cite its infringements in connection with violations of the right to private and family life as incorporated in Article 8 of the European Convention. This does not mean, however, every time a complainant cites Article 8 of the European Convention to accuse a state of breaching their environmental rights, the European Court is going to accept such a charge.
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Gates Madsen, Nancy. "Thinking Globally, Acting Locally: Ecology and Human Rights in Gioconda Belli’s Waslala." Ecozon@: European Journal of Literature, Culture and Environment 11, no. 1 (March 22, 2020): 134–51. http://dx.doi.org/10.37536/ecozona.2020.11.1.3242.
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Gioconda Belli’s futuristic novel Waslala reveals the many tensions that arise when one explores human rights within a context of planetary ecological crisis. While the novel criticizes human exploitation of natural resources and the resultant differential development and economic inequality, at the same time it affirms access to and control of resources as a fundamental human right. Using Steve Stern and Scott Straus’s framework of the “human rights paradox” and Jason Moore’s description of the “Capitalocene,” I argue that Waslala demonstrates two fundamental tensions between human rights and environmental issues. First, the novel shows how attention to the universal principles of global ecological balance may undermine the human rights of individuals constrained by geography or economic class. Second, it demonstrates how the human right to property is implicated in global ecological crisis. Although Waslala purports to privilege human rights over ecological concerns, at the same time it highlights the impossibility of separating the two, prompting a rethinking of the definition and practice of human rights within the context of global ecology.
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Nemţoi, Gabriela. "”New” and ”Existing” Rights in the Charter of Fundamental Rights of the European Union." Logos Universality Mentality Education Novelty: Law 8, no. 1 (December 10, 2020): 16–32. http://dx.doi.org/10.18662/lumenlaw/8.1/32.
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Considered a fundamental document, the Charter of Fundamental Rights of the European Union aims to bring together all the civil, political, economic, social and cultural rights that citizens and residents of the Community can enjoy in order to outline the EU’s obligation to respect these fundamental rights. Thus, from the perspective of the content of the Charter, civil and political rights can be understood as those rights necessary for the assertion of the individual and defined by the action of their holder[1] and in contrast are the economic, social and cultural rights that can be understood as those rights recognized to individuals, in their capacity as members of certain social categories. Through its content, the Charter reaffirms the rights that arise from the content of national constitutions and international obligations, common to the Member States. Thus, these rights stand out as a foundation that is built on the European Convention for the Protection of Human Rights and Fundamental Freedoms, on the Social Charters adopted by the EU, on the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. In this context, it should be noted that the Charter is the first normative act that manages to codify in a single document, the main civil, political, economic and social rights[2], enshrined in previous Community Treaties. Under the auspices of the Charter, we will try to point out the innovative aspect that this document enjoys as a legal instrument for the protection of fundamental human rights.
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Gutman, Kathleen. "The Essence of the Fundamental Right to an Effective Remedy and to a Fair Trial in the Case-Law of the Court of Justice of the European Union: The Best Is Yet to Come?" German Law Journal 20, no. 6 (September 2019): 884–903. http://dx.doi.org/10.1017/glj.2019.67.
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AbstractThis contribution examines the developing contours of the essence of the fundamental right to an effective remedy and to a fair trial in the light of salient case-law of the Court of Justice of the European Union. It is divided into three main parts. The first part provides an overview of the meaning of the essence of fundamental rights in EU law and the scope of the inquiry in relation to Article 47 of the Charter of the Fundamental Rights of the European Union (“the Charter”). The second part evaluates the essence of the fundamental right to an effective remedy and to a fair trial in connection with justified limitations that may be placed on its exercise as provided for in Article 52(1) of the Charter within the framework of the EU system of fundamental rights protection, which in turn implicates the relationship with the Court’s case-law on national procedural autonomy, equivalence, and effectiveness. The third part delves into the essence of the fundamental right to an effective remedy and to a fair trial within the framework of the EU system of judicial protection, as illustrated by the Court’s case-law in several areas, including standing for individuals in direct actions before the EU courts, judicial independence, and restrictive measures in the Common Foreign and Security Policy. Through this analysis, the author argues that, while much awaits further refinement, certain recent developments in the Court’s case–law indicate that the essence of the fundamental right to an effective remedy and to a fair trial can play a meaningful role in the EU system of fundamental rights protection and the EU system of judicial protection more broadly, and thus the best may be yet to come as that case-law progresses in the future.
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Alpa, Guido. "La codificazione del diritto dei consumatori. Aspetti di diritto comparato." ECONOMIA E DIRITTO DEL TERZIARIO, no. 1 (October 2009): 69–83. http://dx.doi.org/10.3280/ed2009-001003.
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- The constitutional dimension of consumer rights obtained definitive consecration with the approval of the Nice Charter in December 2000, made autonomous from the Constitution, in the form of the European Charter of Fundamental Rights and used not only as a political document, but also as a legal document, and with the approval of the European Constitution in October 2004, the latter subject to the ratification of all Member Countries. Among the aims of the Union, the European Charter of Fundamental Rights sets human dignity as the basic value (art.I-2) and states that the sustainable development of Europe is based on "balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress"(art.I-3). The Charter recognizes and guarantees the right of individuals to physical and mental integrity (art.II-63), reaffirmed in the form of health protection (art.II-95), respect for family life (art.II-67) and protection of personal data (art.II-68) and specifically provides "a high level of protection" for consumers (art.II-98). Consequentially, a distinction should be made between consumer claims which adhere to fundamental rights, recognized in the constitutions of the member countries, and emphasised in the European Charter, and the so-called "economic rights", which are placed on the same level of those rights referring to the "professional". The elevation of individual rights - as a "consumer" - to European constitutional level has a dual value: it binds the Community institutions and the Member States, but it also binds national courts. In this way, the Drittwirkung of the recognized and guaranteed principles may take place directly - and not only as a consequence - in the relations between individuals.
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Jayakody, Nadeshda. "Refining United Nations Security Council Targeted Sanctions." Security and Human Rights 29, no. 1-4 (December 12, 2018): 90–119. http://dx.doi.org/10.1163/18750230-02901003.
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The United Nations Security Council’s targeted sanctions seek to protect global peace and security. The majority of these sanctions are imposed on individuals deemed to be a terror threat and include measures such as asset freezes and travel bans. These measures can impede, inter alia, the right to private life and freedom of movement of targeted individuals. While it is accepted that certain rights can be restricted for the protection of public security, restrictions must be proportional under international human rights law. Given that UN sanctions regimes have come under scrutiny in recent years for their lack of procedural safeguards and disproportionate restrictions on fundamental rights, this article argues that proportionality based reasoning should be included in sanctions committees’ substantive decision-making processes. Other procedural safeguards should also be incorporated by UN sanctions committees. This would help ensure that sanctions are more measured and minimise impairment of human rights.
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Rengel, Alexandra. "Privacy as an International Human Right and the Right to Obscurity in Cyberspace." Groningen Journal of International Law 2, no. 2 (December 5, 2014): 33. http://dx.doi.org/10.21827/5a86a81e79532.
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Fundamental rights are considered to be those which human beings have by the fact of being human and are neither created nor can be abrogated by any government absent extraordinary circumstances. They are fundamental in that the enjoyment of such rights is necessary to live a life with dignity. Fundamental rights are recognized by several international conventions and treaties such as the International Convention on Civil and Political Rights, and the International Convention on Economic and Social Rights and they include cultural, economic, and political rights, such as the right to life, the right to liberty, the right of association, and the right to freedom of religion. Privacy is an essential human need. Although the concept of privacy has a certain abstract quality to it that makes it difficult to define, instinctively, humans need to know that they can keep some things secret from others. Absent extraordinary circumstances the need for humans to have a certain degree of privacy is innate. Perhaps as a result of that intrinsic need, privacy as a concept has been recognized in a social as well as a legal sense in most cultures from time immemorial. Today, the right to privacy is considered to be an identifiable human right with universal qualities deserving legal recognition and protection, although the scope of such legal protection is still being determined. In reviewing the concept of privacy, new technologies often make us wonder what level of protection of our right to privacy is possible in a world where personal information about us can be accessed not by infringing our physical space, but by invisible hands that can access our most private secrets just by pressing a button and looking at a screen. New technologies in the form of the Internet, social networks, remote access to information, etc., make it increasingly more difficult to maintain privacy rights in cyberspace such that online invisibility has become impossible. The quest for invisibility is the idea that individuals should be able to choose to remain invisible online. In order for that scenario to become a reality more emphasis needs to be made on the universal recognition of privacy principles in the context of cyberspace. Additionally, design based privacy solutions must be created to protect individuals’ privacy in cyberspace.
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Littke, Helene, and Daniel Rauhut. "Minimum levels of Services of General Interest: what fundamental rights do individuals and enterprises have?" Europa XXI 23 (2013): 47–68. http://dx.doi.org/10.7163/eu21.2013.23.3.
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Luchtman, Michiel. "Transnational Law Enforcement Cooperation – Fundamental Rights in European Cooperation in Criminal Matters." European Journal of Crime, Criminal Law and Criminal Justice 28, no. 1 (March 3, 2020): 14–45. http://dx.doi.org/10.1163/15718174-02801002.
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Abstract European cooperation in criminal matters is an area full of paradoxes. This article identifies the dominant narratives that define the nature of European cooperation in criminal matters. It also aims to identify the consequences that these narratives entail for the protection of fundamental rights in that cooperation and, subsequently, for the EU’s legislative agenda for the coming years. It develops a model of deeper justice integration, based on the narrative of a common European area, fostering the proper administration of criminal justice, transnational agency for individuals and fundamental rights.
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Goldschmidt, Rodrigo, and Rodrigo Espiúca dos Anjos Siqueira. "A eficácia horizontal direta dos direitos fundamentais no âmbito das relações de trabalho: o papel da negociação coletiva na implementação de ações afirmativas da dignidade do trabalhador." Espaço Jurídico Journal of Law [EJJL] 19, no. 1 (April 26, 2018): 217–44. http://dx.doi.org/10.18593/ejjl.v19i1.13914.
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Resumo: Neste artigo analisa-se a implementação de ações afirmativas pelas empresas empregadoras e sindicatos obreiros, mediante a negociação coletiva como forma de concretização da dignidade do trabalhador sob as perspectivas objetiva e subjetiva dos direitos fundamentais sociais. Nessa tarefa, apresenta-se o conceito de direitos fundamentais e sua relação com a dignidade da pessoa humana. Na sua segunda parte, analisam-se as teorias sobre a eficácia dos direitos fundamentais, em suas dimensões vertical e horizontal. Em seguida, apresenta-se o conceito de ações afirmativas da dignidade da pessoa humana como medidas de concretização da dignidade, para, ao final, apresentar exemplos de normas coletivas que afirmam, concretamente, a dignidade do trabalhador, no âmbito da eficácia horizontal dos direitos fundamentais nas relações entre particulares de forma direta e imediata. A metodologia do estudo é a analítica-interpretativa de investigação bibliográfica e documental. Por método, adotou-se o indutivo.Palavras-chave: Eficácia horizontal. Direitos fundamentais. Ações afirmativas. Negociação coletiva. Dignidade humana. Abstract: The article analyzes the implementation of affirmative actions by employers’ and workers’ unions, through collective bargaining as a way of achieving the dignity of workers under the objective and subjective perspectives of fundamental social rights. In this task, it presents the concept of fundamental rights and their relationship with the dignity of the human person. In its second part, it analyzes the theories on the effectiveness of fundamental rights, in their vertical and horizontal dimensions. Then, it presents a concept of affirmative actions of the dignity of the human person as measures for the realization of dignity, in order to present examples of collective norms that concretely affirm the dignity of the worker within the framework of the horizontal effectiveness of fundamental rights in relations between private individuals directly and immediately. The methodology of the study is the analytical-interpretative of bibliographic and documentary research. As a method, the inductive was adopted.Keywords: Horizontal efficacy. Fundamental rights. Affirmative actions. Labor negotiations. Human dignity.
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Amel'chakov, Oleg. "The right to life in the system of constitutional rights and freedoms of individual and citizen." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 1 (April 9, 2021): 37–41. http://dx.doi.org/10.35750/2071-8284-2021-1-37-41.
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The right to life is traditionally recognized as a natural and inalienable right of any person and citizen. It is intrinsically connected with realization of other rights and liberties.
The aim of the article is to clarify the concept and the essential nature of the constitutional right to life, to define its place in the system of fundamental human and civil rights and liberties. The article analyses constitutional rights, reveals the difference from the other human and civil rights and liberties and analysis other approaches of constitutional rights theoretic to the definition of the notion «right to life» as a constitutional right. The research gives the monitoring of the main statutory documents that defines the legal «understructure» of fixation and content of the notion «right to life» and the review of the foreign constitutional statutory documents that are devoted to the different aspects of law.
Based on the results of the research a conclusion was made that the right to life takes a special place in the system of the constitutional rights and freedoms. The right to life is the inherent human right and this is admitted on the international level. Being fundamental in nature, it is based on the constitutional norms and principles, which set up uniformity of appliance and mechanisms for ensuring and protecting the right to life.
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Kadelbach, Stefan, and David Roth-Isigkeit. "The Right to Invoke Rights as a Limit to Sovereignty – Security Interests, State of Emergency and Review of un Sanctions by Domestic Courts under the European Convention of Human Rights." Nordic Journal of International Law 86, no. 3 (September 21, 2017): 275–301. http://dx.doi.org/10.1163/15718107-08603003.
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Recently, human rights law has been restricted increasingly by measures taken in the interest of public security. This raises the question whether there are limits in human rights protection that cannot be touched without questioning the very essence of individual rights protection itself. This article submits that the jurisprudence of the European Court of Human Rights (ECtHR) in cases dealing with the compatibility of measures taken in the public interest with the echr has defined such limits predominantly in terms of procedure. Accordingly, individuals must not be deprived of the right to independent review in the light of their fundamental rights. Thus, the Court has been developing what may be called a right to invoke rights, a procedural component underlying all guarantees of the Convention. This principle has been established and upheld in three different constellations: general measures for public security, states of emergencies and the implementation of un sanctions regimes.
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Laliwala, J. I. "The Fundamental Rights of the Individual in the Islamic Polity." Social Philosophy Today 9 (1993): 405–22. http://dx.doi.org/10.5840/socphiltoday1993943.
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Anagnostaras, Georgios. "The Common European Asylum System: Balancing Mutual Trust Against Fundamental Rights Protection." German Law Journal 21, no. 6 (September 2020): 1180–97. http://dx.doi.org/10.1017/glj.2020.72.
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AbstractThe Common European Asylum System constitutes one of the principal areas in which the fundamental rights of individuals are essentially placed in competition with the core principle of mutual confidence and the need to preserve the effectiveness of EU law. That competitive relationship becomes particularly evident when applicants for international protection rely on alleged violations of their fundamental rights in order to contest their transfer to the Member State that is normally responsible for examining their asylum request according to the criteria of the Dublin III Regulation. The balancing process that needs to be carried out in this respect and the measure of the monitoring obligation that EU law imposes on the receiving Member State regarding the protection of the fundamental rights of asylum seekers are well exemplified by the preliminary ruling in Jawo. That case provides additional clarification regarding the circumstances in which the protection of fundamental rights may introduce exceptions to the principle of mutual trust. At the same time, it illustrates the inherent tensions that exist between the protection of fundamental rights and the application of the principle of mutual confidence.
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Mijangos González, Javier. "La doctrina de la Drittwirkung der Grundrechte en la jurisprudencia de la Corte Interamericana de Derechos Humanos." Teoría y Realidad Constitucional, no. 20 (July 1, 2007): 583. http://dx.doi.org/10.5944/trc.20.2007.6772.
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Through a study of the jurisprudence of the region over the last twenty years, it becomes possible to see that the CIDH has constructed an entire theory about the applicability of fundamental rights in relations between individuals in Latin America. Through this theory it has addressed the most important social problems in contemporary Latin American history, thus contributing to the transition to democracy for many countries in the region. The study will analyze the stages that the jurisprudence of the CIDH has passed through and which have led to the current criteria that this organization uses. The first stage consists of a series of rulings whose common denominator is the analysis of the obligation of respect and vigilance for fundamental rights by the states listed in article 1.1 of the American Convention on Human Rights. This principle, which is ever-present in its jurisprudence, brings the Inter-American Court to approaches that are similar to those proposed by the United States doctrine of state action, as it makes use of a good number of rulings made by the Supreme Court of the United States between 1960 and 1980. In the second stage, the importance originally placed on determining the characteristics of the agent who committed the violation of fundamental rights is replaced by a series of approaches in which the nature of the actual violation itself becomes the focus. In this phase, the Inter-American Court establishes the idea that the fundamental rights listed in the Convention are erga omnes obligations that are imposed not only in relation to the power of the State but also with respect to the actions of third-party individuals. Finally, the third stage in the evolution of the court’s jurisprudence is represented by the most pertinent case in this matter: Opinión Consultiva 18/03, requested by the United Mexican States regarding the legal status of immigrants. This resolution, which has established a trend up until today, definitively establishes the direct effectiveness of the fundamental rights in relations between individuals.
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Souza, José Fernando Vidal de, and Daiane Vieira Melo Costa. "A EFICÁCIA HORIZONTAL DOS DIREITOS HUMANOS E O TERCEIRO SETOR." Revista de Direitos Fundamentais nas Relações do Trabalho, Sociais e Empresariais 3, no. 1 (June 1, 2017): 117. http://dx.doi.org/10.26668/indexlawjournals/2526-009x/2017.v3i1.1852.
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O artigo aborda o fenômeno da constitucionalização no direito brasileiro e a aplicação dos direitos fundamentais nas relações privadas. Apresenta as diferenças dos direitos fundamentais e dos direitos humanos, com o reconhecimento da eficácia horizontal na aplicação destes na seara privada. A pesquisa é bibliográfica e os argumentos construídos com base no método dedutivo. Tem-se, ao final, que se as organizações privadas estão sujeitas aos deveres diante dos particulares, com maior razão devem estar as organizações do terceiro setor quanto à garantia e proteção dos direitos humanos,, por terem suas atividades muito mais próximas da atuação estatal.The article addresses the phenomenon of constitutionalisation in Brazilian law and the application of fundamental rights in private relations. It presents the differences of fundamental rights and human rights, with the recognition of the horizontal efficacy in the application of these in the private sector. The research is bibliographical and the arguments constructed based on the deductive method. Finally, it is concluded that if private organizations are subject to the duties of private individuals, the third-party organizations should be more concerned with the guarantee and protection of human rights, because their activities are much closer to state action.
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Adams, Eric M. "Human rights at work: Physical standards for employment and human rights law." Applied Physiology, Nutrition, and Metabolism 41, no. 6 (Suppl. 2) (June 2016): S63—S73. http://dx.doi.org/10.1139/apnm-2015-0552.
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This review focuses on the human rights dimensions of creating and implementing physical standards for employment for prospective and incumbent employees. The review argues that physical standards for employment engage two fundamental legal concepts of employment law: freedom of contract and workplace human rights. While the former promotes an employer’s right to set workplace standards and make decisions of whom to hire and terminate, the latter prevents employers from discriminating against individuals contrary to human rights legislation. With reference to applicable human rights legislative regimes and their judicial interpretation in Canada, the United States, the United Kingdom, and Australia, this review demonstrates the judicial preference for criterion validation in testing mechanisms in the finding of bona fide occupational requirements. With particular attention to the Supreme Court of Canada decision in Meiorin, this review argues that an effective balance between workplace safety and human rights concerns can be found, not in applying different standards to different groups of individuals, but in an approach that holds employers to demonstrating a sufficient connection between a uniform physical standard of employment and the actual minimum requirements to perform the job safety and efficiently. Combined with an employer’s duty to accommodate, such an approach to lawful physical standards for employment conceives of worker and public safety and workplace diversity as emanating from a shared concern for human rights.
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Gribakin, Aleksandr. "Rights and duties of the individual as factors of the quality of life." KANT 35, no. 2 (June 2020): 134–41. http://dx.doi.org/10.24923/2222-243x.2020-35.28.
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The genesis of rights and duties of the individual as fundamental characteristics and the quality of a human life is presented in the dialectics of objectification as disobjectification of individuals' substance, their synthesis and individualization. It is stressed that the quantitative increase of officially recognized individual rights protected by the state strengthens the individualist tendencies in social relations. Mutual transition of rights and duties is confirmed by the dynamics of a personal life path.
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Sharma, Vinit, Davide De Beni, Annette Sachs Robertson, and Federica Maurizio. "Why the Promotion of Family Planning Makes More Sense Now Than Ever Before?" Journal of Health Management 22, no. 2 (June 2020): 206–14. http://dx.doi.org/10.1177/0972063420935545.
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The COVID-19 pandemic presents unprecedented scenarios and challenges for programme managers. Health systems have been overwhelmed with the increasing number of cases, and the focus has shifted to saving lives. Furthermore, lockdowns have adversely affected the production and distribution of products and availability of commodities, while the restrictions in movement have limited individuals’ access to services. This article analyses the possible consequences of the pandemic on the rights of individuals and couples and endeavours to provide justifications for continued national commitment and investments in family planning, especially during these challenging times. As sexual and reproductive health and reproductive rights are fundamental to achieving the Sustainable Development Goals, it is critical to focus on ensuring rights-based family planning, because it is intimately associated with fundamental human rights, addresses the issue of equity, equality and universality and provides valid and practical solutions to the vital economic quagmire that has unfolded as a consequence of this global crisis.
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Crossley, David J. "Utilitarianism, Rights and Equality." Utilitas 2, no. 1 (May 1990): 40–54. http://dx.doi.org/10.1017/s0953820800000443.
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Bentham's dictum, ‘everybody to count for one, nobody for more than one’, is frequently noted but seldom discussed by commentators. Perhaps it is not thought contentious or exciting because interpreted as merely reminding the utilitarian legislator to make certain that each person's interests are included, that no one is missed, in working the felicific calculus. Since no interests are secure against the maximizing directive of the utility principle, which allows them to be overridden or sacrificed, the dictum is not usually taken to be asserting fundamental rights that afford individuals normative protection against the actions of others or against legislative policies deemed socially expedient. Such non-conventional moral rights seem denied a place in a utilitarian theory so long as the maximization of aggregate happiness remains the ultimate standard and moral goal.
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Orator, Andreas. "The Decision of the AustrianVerfassungsgerichtshofon the EU Charter of Fundamental Rights: An Instrument of Leverage or Rearguard Action?" German Law Journal 16, no. 6 (December 2015): 1429–48. http://dx.doi.org/10.1017/s2071832200021209.
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In a landmark decision of 2012 on the relevance of the EU Charter of Fundamental Rights (CFR) in domestic constitutional adjudication, the AustrianVerfassungsgerichtshof(Constitutional Court) substantially extended the applicable yardstick, according to which the constitutionality of ordinary laws and administrative action may be assessed, to certain Charter rights. At the same time, theVerfassungsgerichtshofclaimed its active commitment to judicial dialogue with the Court of Justice of the European Union (CJEU) through the preliminary reference procedure pursuant to Article 267 TFEU to effectively protect Charter-based fundamental rights of individuals. Arguably, both the domestic and Union-wide ramifications of this “instant classic” case of a domestic constitutionalization of the Charter are substantial, delivering insight not least as to the transformative role of the Charter for domestic fundamental rights protection and the adaptations of domestic constitutional courts in such a changed environment.
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Crouch, Mark. "Working Order: Health, Personal Responsibility, and Rights in an Age of Limited Agency." Christian Journal for Global Health 6, no. 1 (May 31, 2019): 59–63. http://dx.doi.org/10.15566/cjgh.v6i1.261.
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A seeming contradiction exists between the approach to health as a fundamental human right or as the natural consequence of human responsibility. This paper investigates a Christian approach to health attempting to reconcile these disparate views. The Biblical basis of human responsibility for health is considered as well as the greater forces affecting the health choices of individuals and communities. Ultimately, a combined approach or "working order" toward the fundamental right to health based on human responsibility is attempted.
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Katulić, Tihomir. "Towards the Trustworthy AI." Medijska istraživanja 26, no. 2 (January 25, 2021): 9–28. http://dx.doi.org/10.22572/mi.26.2.1.
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After decades of theoretical deliberations, the rapid development of advanced information technology has allowed machine learning as a first practical step towards artificial intelligence to enter widespread commercial and government use. The transition into a post-industrial, information society has revealed the value of data as an important resource whose processing is the basis of the new innovative information society services. The European Union has enacted several important regulations and directives in the recent past to protect the recognized fundamental rights of individuals and to regulate the obligations of service providers to ensure safe and secure processing. The Charter of Fundamental Rights as the legal basis of the European system of human rights contains significant checks and limitations to the effect and purpose of future EU AI regulation. Whenever and however this regulation is adopted, it will need to comply with and contain existing European legal standards regarding the fundamental rights of individuals in the EU. The European Commission’s ethical guidelines establish ethical principles based on the recognized fundamental rights that future AI systems need to adhere to in order to be recognized as trustworthy. The purpose of this paper is to present and analyse the mechanisms present in existing European regulations in the fields of data protection and information security and in the European Union documents regarding the future artificial intelligence regulation and to offer suggestions for future regulations. The research methodology includes a comparative analysis of available regulations and policy documents of the European Union, national laws, legal literature, and other sources.
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Cabrera, Luis. "Individual rights and the democratic boundary problem." International Theory 6, no. 2 (June 20, 2014): 224–54. http://dx.doi.org/10.1017/s1752971914000037.
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How should the geographic boundaries of democratic participation be set? This has been a notoriously difficult theoretical question, beset by paradoxes around determining democratic participants democratically. It also is seen as increasingly important in practical terms, amid deepening interdependence between states, immigration tensions, and suprastate regional integration. Numerous recent accounts have called for extending participation beyond the state. The case is generally made on intrinsic grounds: democracy demands it. Respect for individual autonomy is said to be violated when outsiders are deeply affected by decision processes, or subject to coercion from them, without being able to participate in them. Yet, familiar problems around restrictions on the autonomy of persistent democratic minorities remain in such accounts, and they could be magnified with expanded boundaries. An alternative approach is offered here, grounded in a rights-based instrumental justification for democracy. It sees participation as foundationally – though not solely – valuable as a means of promoting and protecting fundamental rights. It recommends extending participation boundaries to reinforce protections within regional and ultimately global institutions. Democratic participation would remain crucial at all levels, not principally as an expression of autonomy but to provide checks on power and promote accountability to individuals in multilevel polities.
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Mikołajczyk, Zbigniew, and Jarosław Struniawski. "Freedom of Assembly and Safety." Internal Security 9, no. 2 (July 9, 2018): 105–18. http://dx.doi.org/10.5604/01.3001.0012.1706.
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The article refers to freedom and human rights as universal and global principles covering all aspects of human life. Human rights are those freedoms, means of protection and services respected precisely as rights, which all people should be able to demand from the society in which they live, in accordance with today's freedoms. On the other hand, as rights they solely occur among individuals and authorities. None of the authority can take them away. They can not be waived or renounced. In Poland, guarantees of respect for human rights - to which all people are entitled and citizen's rights - to which only Polish citizens are entitled are included in the Constitution of the Republic of Poland. According to it, the inherent and inalienable human dignity is a source of freedom and human and citizen's rights. One of the fundamental human right is the freedom of assembly. The possibility of using the freedom of assembly must be dictated by the need to ensure the protection of national security or public order, protection of health, public morals and rights and freedom of other people. Due to the subject matter discussed, the study focused on peaceful assemblies, which organization is guaranteed by law, on the other hand no illegal forms of protest were described - the blockades and occupation of buildings, transport routes, or prohibited strike forms. The main task of ensuring security during assemblies rests with the Police, whose fundamental duty is to facilitate the conduct of assemblies. It is important to find a balance between maintaining order and exercising the right of assembly.
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Lundy, Laura, and Gabriela Martínez Sainz. "The role of law and legal knowledge for a transformative human rights education: addressing violations of children’s rights in formal education." Human Rights Education Review 1, no. 2 (September 17, 2018): 04–24. http://dx.doi.org/10.7577/hrer.2560.
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Human Rights Education (HRE) emphasises the significance of children learning about, through and for human rights through their lived experiences. Such experiential learning, however, is often limited to instances of enjoyment of rights and disregards experiences of injustice, exclusion or discrimination. By neglecting the ‘negative’ experiences, including breaches of their human rights, HRE fails in one of its fundamental aims: empowering individuals to exercise their rights and to respect and uphold the rights of others. Drawing on a range of legal sources, this article identifies a number of violations of the human rights of children in schools, categorised under five themes: access to school; the curriculum; testing and assessment; discipline; and respect for children’s views. It argues that for HRE to achieve its core purpose, it must enable children to identify and challenge breaches of rights in school and elsewhere. To do so, knowledge of law, both domestic and international, has a fundamental role to play.
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Wildhaber, Luzius. "European Court of Human Rights." Canadian Yearbook of international Law/Annuaire canadien de droit international 40 (2003): 309–22. http://dx.doi.org/10.1017/s0069005800008079.
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SummaryThe aim of the European Court of Human Rights is to bring about a situation in which individuals are able to get effective guarantees of their rights within their national legal systems. With this in mind, the author reviews some of the recent developments in cases before the court relating to evolutionary interpretation of the provisions of the convention, the role of the separation of powers in ensuring the protection of freedoms under the Convention for the Protection of Human Rights and Fundamental Freedoms, and the notion of human dignity within the convention framework. The author also considers the growing case load before the court and the need for reform and concludes by pointing out that the European system is the most effective international system yet for securing human rights protection.
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von Bogdandy, Armin, and Mateja Steinbrück Platise. "ARIO and Human Rights Protection: Leaving the Individual in the Cold." International Organizations Law Review 9, no. 1 (2012): 67–76. http://dx.doi.org/10.1163/15723747-00901014.
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International organizations may be regarded as international public authorities, since their acts increasingly impinge on individuals, private associations, enterprises, States, or public institutions. However, this development has not been followed by the creation of a corresponding system of international legal responsibility for international organizations. Some are even seen as a risk to fundamental rights. The Articles on Responsibility of International Organizations (ARIO) bring some progress in this regard, but nevertheless leave the victims of human rights violations largely overlooked. The article analyses some of the achievements and gaps of ARIO with respect to human rights protection and explores the possibilities for victims of human rights violations to seek remedies against international organizations.
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Lewis, Bridget. "Human Rights and Environmental Wrongs: Achieving Environmental Justice through Human Rights Law." International Journal for Crime, Justice and Social Democracy 1, no. 1 (November 5, 2012): 65–73. http://dx.doi.org/10.5204/ijcjsd.v1i1.69.
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The numerous interconnections between the environment and human rights are well established internationally. It is understood that environmental issues such as pollution, deforestation or the misuse of resources can impact on individuals’ and communities’ enjoyment of fundamental rights, including the right to health, the right to an adequate standard of living, the right to self-determination and the right to life itself. These are rights which are guaranteed under international human rights law and in relation to which governments bear certain responsibilities. Further, environmental issues can also impact on governments’ capacity to protect and fulfil the rights of their citizens. In this way human rights and environmental protection can be constructed as being mutually supportive. In addition to these links between the environment and human rights, human rights principles arguably offer a framework for identifying and addressing environmental injustice. The justice implications of environmental problems are well documented and there are many examples where pollution, deforestation or other degradation disproportionately impact upon poorer neighbourhoods or areas populated by minority groups. On the international level, environmental injustice exists between developed and developing States, as well as between present and future generations who will inherit the environmental problems we are creating today. This paper investigates the role of human rights principles, laws and mechanisms in addressing these instances of environmental injustice and argues that the framework of human rights norms provides an approach to environmental governance which can help to minimise injustice and promote the interests of those groups which are most adversely affected. Further, it suggests that the human rights enforcement mechanisms which exist at international law could be utilised to lend weight to claims for more equitable environmental policies.
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Brugiatelli, Vereno. "Recognition of a Person’s Rights and Ethical Fulfilment." European Journal of Multidisciplinary Studies 4, no. 3 (January 21, 2017): 33. http://dx.doi.org/10.26417/ejms.v4i3.p33-36.
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Man's ethical fulfilment often faces objective obstacles in the deprivation of rights. The negation of the recognition of certain fundamental rights, or worse, the radical misrecognition of man, which translates into different forms of violence, often artfully disguised both on an individual and collective level, produces devastating consequences in the private life of a person upsetting all forms of positive self-esteem. The recognition of human qualities, accompanied by the right to express and extend them, is an integral part of the ethical life of each individual and, at the same time, constitutes a fundamental moment in the construction of a responsible civilized community. In this dissertation, I aim to analyse the connection between ethical life and human rights in order to draw attention to the repercussions that the recognition and misrecognition of liberty produce with regard to man's ethical fulfilment. From this perspective, I intend to highlight the importance of the existence of favourable juridical and institutional conditions to ensure ethical fulfilment. At this level, I will underline that the deprivation of capabilities is often the main cause of the profound sense of discontent affecting individuals in their desperate attempt to realise a type of existence which corresponds to their ambitions.
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Marguery, TP. "Towards the end of mutual trust? Prison conditions in the context of the European Arrest Warrant and the transfer of prisoners framework decisions." Maastricht Journal of European and Comparative Law 25, no. 6 (December 2018): 704–17. http://dx.doi.org/10.1177/1023263x18818662.
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This article contends that the presumption of mutual trust between the European Union Member States is a legal fiction. In the context of transfer of a custodial sentence from one country to another based on mutual recognition and mutual trust, a failure of the latter can have detrimental effects on judicial cooperation and, especially, on the functions of punishment. In particular, mutual recognition and mutual trust create a bridge between the external limits of punishment (fundamental rights) and the internal limits to the functions of punishment (retribution, deterrence and rehabilitation). The non-compliance with individuals’ fundamental rights undermines the very social functions of punishment. Such a failure can only be prevented if the Member States and the European Union endeavour to establish and maintain a truly integrated penal policy with concerns for individuals at its very core.