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Journal articles on the topic 'Wordl Human rights court'

Author: Grafiati

Published: 8 June 2024

Last updated: 31 July 2025

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1

Abbas oğlu Abbaslı, Toğrul. "EUROPEAN COURT OF HUMAN RIGHTS: REVIEW OF DECISIONS (HIRO BALANI / SPAIN)." SCIENTIFIC WORK 66, no. 05 (2021): 196–98. http://dx.doi.org/10.36719/2663-4619/66/196-198.

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The European Court of Human Rights acknowledges the violation of Article 6 in order to provide unfounded reasons for court decisions. Therefore, claims that may affect the outcome of the trial must be answered. The topic is very relevant for research in modern times. Research and comparative methods were used in the study of the topic. The study focused on Turkish and English literature. Key words: Substantiation of Court Decisions, Right to Fair Trial, Right to Defense,European Court of Human Rights,Constitution

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Mujuzi, Jamil Ddamulira. "The Human Rights Jurisdiction of the Constitutional Court of Seychelles." Verfassung in Recht und Übersee 56, no. 2 (2023): 396–418. http://dx.doi.org/10.5771/0506-7286-2023-2-396.

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The jurisdiction of the Constitutional Court of the Seychelles, the Court, is provided for under different provisions of the Constitution. Article 46 deals with the circumstances in which a person may approach the Court to enforce human rights. It also deals with the powers of the Court in this context. In this article, I illustrate how the Court, when enforcing or applying Article 46, has dealt with the following issues: locus standi to petition the Court; circumstances in which the Court's jurisdiction is excluded or limited; powers of the Court in protecting human rights, circumstances in w

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Salainti, Yolanda Mona. "Examining the Role of International Human Rights Tribunals in Promoting Accountability for Human Rights Violations." Easta Journal Law and Human Rights 1, no. 03 (2023): 108–15. http://dx.doi.org/10.58812/eslhr.v1i03.87.

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This study investigates the crucial role of international human rights courts in advancing accountability for human rights abuses. Its primary objective is to evaluate the effectiveness of these tribunals in holding accountable those — individuals, states, and non-state actors are to blame for major human rights violations. As part of the research methodology, relevant literature, case studies, and legal decisions from international human rights tribunals are thoroughly examined. The International Criminal Court (ICC), the International Court of Justice, and local human rights courts are all p

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Kosař, David, and Lucas Lixinski. "Domestic Judicial Design by International Human Rights Courts." American Journal of International Law 109, no. 4 (2015): 713–60. http://dx.doi.org/10.5305/amerjintelaw.109.4.0713.

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Regional human rights courts in Europe and the Americas came into being in the wake of World War II. The European Court of Human Rights (ECHR) and Inter-American Court of Human Rights (IACHR) were established in order to adjudicate on alleged violations of the rights of individuals. Yet, since their inception these courts have also influenced other areas of international law. A part from their impact on general international law, their case law has had significant spill over effects on international criminal law, international refugee law, international environmental law, the law of armed conf

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Humbat Hasanli, Shabnam. "Avropa İnsan Hüquqları Məhkəməsinin Beynəlxalq Hüquqi Statusu". SCIENTIFIC WORK 76, № 3 (2022): 133–37. http://dx.doi.org/10.36719/2663-4619/76/133-137.

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The European Court of Human Rights (ECHR) is an international tribunal established in 1959 under the auspices of the Council of Europe, an international organization. The Court is a judicial body to which individuals, communities, legal entities and other States may apply under certain procedures and rules in the event of a violation of the fundamental rights provided for in the European Convention on Human Rights and its Additional Protocols. The 47 members of the Council of Europe recognize the jurisdiction of the European Court of Human Rights. Although the use of the Council of Europe's fl

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Alston, Philip. "Against a World Court for Human Rights." Ethics & International Affairs 28, no. 2 (2014): 197–212. http://dx.doi.org/10.1017/s0892679414000215.

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Too much of the debate about how respect for human rights can be advanced on a global basis currently revolves around crisis situations involving so-called mass atrocity crimes and the possibility of addressing abuse through the use of military force. This preoccupation, as understandable as it is, serves to mask much harder questions of how to deal with what might be termed silent and continuous atrocities, such as gross forms of gender or ethnic discrimination or systemic police violence, in ways that are achievable, effective, and sustainable. This more prosaic but ultimately more important

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Saktorová, Lubica. "The World Court of Human Rights Feasibility Study." Danube 9, no. 1 (2018): 37–47. http://dx.doi.org/10.2478/danb-2018-0003.

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Abstract The idea of the World Court of Human Rights was first envisioned in 1947 along with other institutions designed to create a system capable of the worldwide protection of individual human rights. The focus of the present study is to determine key issues of the prospective establishment of the World Court by an examination of its theoretical position among the United Nations bodies, regional and another inter-governmental human rights organisation. Analysis of the function and mechanisms of the current international human rights protection system would lead to deliberation on the prospe

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Bashar, Arafat Ibnul. "A REGIONAL HUMAN RIGHTS COURT IN SOUTH ASIA: AN ANALYSIS PREMISED UPON NECESSITY, FEASIBILITY AND GEOPOLITICAL REALITY." Bangladesh Journal of Law 21, no. 1 (2023): 137–54. https://doi.org/10.58710/bjlv21n1y2023a05.

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The article brings forward an analytical approach aiming to address the necessity and feasibility of establishing a regional human rights court for South Asia. Regionalism is a well-established concept in international human rights law.It has to some extent resolved the debate of universalism vs. cultural relativism and remarkably contributed to the protection and promotion of human rights. While regional courts have been functioning in different regions of the world including Africa, Europe and the Americas; South Asia, being a significant region with a notable population has never had a regi

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Nariman Seyidov, Javanshir. "Avropa İnsan Hüquqları Məhkəməsinin yaradılması və inkişaf prosesi". SCIENTIFIC WORK 77, № 4 (2022): 132–36. http://dx.doi.org/10.36719/2663-4619/77/132-136.

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The European Convention on Human Rights, drafted by the Council of Europe after World War II, was signed on 4 November 1950 and entered into force on 3 September 1953. The agreement was later amended and updated through protocols. In addition, they have the property of being prioritized in accordance with the law. According to this provision of the Constitution, the Convention has a very important place in our law. In addition to basic rights and freedoms, the European Convention on Human Rights also regulates the establishment and functions of the European Court of Human Rights and the judici

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Розумовський, О. С., and О. О. Кочура. "The European Court of Human Rights as Part of Criminal Procedural Legislation of Ukraine." Bulletin of Kharkiv National University of Internal Affairs 90, no. 3 (2020): 235–44. http://dx.doi.org/10.32631/v.2020.3.23.

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The author has studied the issue of the origin and formation of the European Court of Human Rights after the Second World War, steps in the establishment and development of this Court, as well as the actions of the Member States to consolidate the development of the European Court of Human Rights at specialized conferences with the support of the Committee of Ministers. The list of regulatory and legislative acts adopted by the Verkhovna Rada of Ukraine for the establishment of the rule of law in regard to the understanding of human rights in the activities of Ukrainian courts has been researc

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Smokovych, Mykhailo. "On the issue of the mechanism for the restoration of violated human rights by an administrative court on a constitutional complaint." Legal Ukraine, no. 8 (October 2, 2020): 24–32. http://dx.doi.org/10.37749/2308-9636-2020-8(212)-3.

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The article is devoted to a substantive analysis of the mechanism for restoring violated human rights on a constitutional complaint. It has been established that the legal system of Ukraine contains a number of objective factors that complicate the restoration of violated human rights on a constitutional complaint, the elimination of which first of all requires the development of a doctrinal and legislative platform, which should become a universal basis for the formation of a unified practice of administrative proceedings It has been substantiated that the retrospective effect of decisions of

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PETERSMANN, ERNST-ULRICH. "Human Rights, Constitutionalism and the World Trade Organization: Challenges for World Trade Organization Jurisprudence and Civil Society." Leiden Journal of International Law 19, no. 3 (2006): 633–67. http://dx.doi.org/10.1017/s0922156506003505.

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Governments perceive UN human rights conventions and the law of the World Trade Organization (WTO) as separate legal regimes. WTO jurisprudence, by contrast, interprets WTO rules as parts of international law and may soon be confronted with legal claims that WTO obligations are to be construed with due regard to the human rights obligations of WTO members. The diverse constitutional traditions of WTO members, and their political opposition to linking WTO law to human rights, make it unlikely that WTO members will respond to the UN proposals for a ‘human rights approach to trade’ by adopting a

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Shen, Taixia. "Judicial Interpretation of Human Dignity by Hong Kong’s Courts." SAGE Open 12, no. 1 (2022): 215824402210782. http://dx.doi.org/10.1177/21582440221078298.

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This study employed empirical, case, and comparative analysis methods to examine how Hong Kong’s courts have judicially interpreted the concept of human dignity. It aimed to understand the concept of human dignity in Hong Kong law and its role in judicial adjudication and to explore the contributions that Hong Kong’s courts have made to interpreting and developing the concept of human dignity in support of the development of national and international human rights. In this study, cases heard in Hong Kong’s courts from 1997 to 2019 were analyzed. The results showed that Hong Kong’s courts inter

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Dąbrowska, Anna. "Dwudziesta rocznica utworzenia Afrykańskiego Trybunału Praw Człowieka i Ludów - przegląd działalności." Studia Prawnicze, no. 1 (217) (June 30, 2019): 49–69. https://doi.org/10.5281/zenodo.3246693.

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The 20th anniversary of establishing the African Court on Human and Peoples’ Rights is a good occasion to have a closer look at the activities of the youngest among the regional human rights courts functioning in the world. The aim of this paper is to present the activities undertaken by the African Court over the period 1998–2018 (from the establishment of the African Court by virtue of the Protocol to the African Charter until now) and analyse them. Our research starts with giving the facts concerning the institution establishment. They are followed by an overview of the Cou

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Omelchenko, Oleksandr, and Vladislav Rebezyuk. "The current issues of the protection of the rights, freedoms of participants of criminal proceedings at the stage of judicial consideration." Slovo of the National School of Judges of Ukraine, no. 4(29) (February 11, 2020): 71–82. http://dx.doi.org/10.37566/2707-6849-2019-4(29)-6.

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This article explores the issues of protecting of the rights, freedoms of participants in criminal proceedings at the stage of judicial consideration. Consequently, examines of the current state and prospects of protecting the rights, freedoms of participants in criminal proceedings at the stage of judicial consideration is carried out. The current problems and ways of solving the issue of protecting the rights and freedoms of participants in judicial proceedings are considered. This article deals with the issues concerning of the protection of rights and freedoms in criminal proceedings. An i

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VALDEZ VELAZCO, SILDA. "¿ES POSIBLE LA PROTECCIÓN INTERNACIONAL DE LOS DERECHOS DE LOS CONTRIBUYENTES?" SCIENTIARVM 1, no. 1 (2015): 19–22. http://dx.doi.org/10.26696/sci.epg.0125.

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ABSTRACT: In the present investigation, we seek to describe and establish how two international organizations such as the Inter-American Court of Human Rights and the European Court of Human Rights, precisely responsable for the protection of the human rights of the citizens of their member states, have managed to concretize the protection of the rights of taxpayers despite their poor regulation in international treaties base on those that impart justice. Thus, some of the cases in which there has been a ruling on tax issues are analyzed, the facts, the rights protected and how this protection

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Arrubia, Eduardo J. "The Human Right to Gender Identity: From the International Human Rights Scenario to Latin American Domestic Legislation." International Journal of Law, Policy and the Family 33, no. 3 (2019): 360–79. http://dx.doi.org/10.1093/lawfam/ebz007.

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Abstract Transgender persons usually undergo significant discrimination all over the world. This is the reason why gender identity has been translated into the language of International Human Rights Law. Thus, the European Court of Human Rights has evolved along the last decades towards the recognition of this human right, and so has the Inter-American Court by releasing its recent advisory opinion on gender identity, equality and non-discrimination of same sex couples. Within this framework, some Latin American countries have passed regulations entitling trans persons to have their public rec

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18

Nelin, Oleksandr. "Human and civil rights as a determiner of national state-building." Legal Ukraine, no. 7 (September 21, 2020): 6–12. http://dx.doi.org/10.37749/2308-9636-2020-7(211)-1.

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At the present stage of their development the Ukrainian society and the state are characterized by their pursuit to provide maximum realization of human and civil rights and to create a full-scale civil society. Obviously, in this context, a significant attention is paid to the human rights in Ukraine, however there is insufficient research systematically conceptualizing the human rights employing philosophical and legal instruments and methodology. The author highlights that particular attention in the mechanism of organizational and legal remedies is paid to judicial and extrajudicial protec

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Slobodianyk, T., M. Bihdan, and I. Taran. "Application of the practice of the European Court of Human Rights in civil proceedings." Uzhhorod National University Herald. Series: Law 1, no. 77 (2023): 159–63. http://dx.doi.org/10.24144/2307-3322.2023.77.1.25.

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The article is devoted to the study of the significance and place of practice of the European Court of Human Rights in the national civil procedural legislation of Ukraine.An analysis of the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms and its Protocols, which is part of the national legislation of Ukraine, as a valid international treaty, the consent to the binding of which was given by the Verkhovna Rada of Ukraine, and it was found that the main task of the European Court of Human Rights of a person is, first of all, control over the implementation

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Pavlovschi, Stanislav. "Considerations on the ratification of protocol no. 16 to the European convention on human rights by the Republic of Moldova." Studia Universitatis Moldaviae. Seria Stiinte Sociale, no. 3 (June 2023): 239–44. http://dx.doi.org/10.59295/sum3(163)2023_29.

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Harmonising standards of human rights protection is one of the main aims of the European Court of Human Rights. However, one problem the institution faces is the large number of applications lodged by nationals of High Contracting Parties. According to the latest official figures, 75 650 applications are pending before the Strasbourg court. In other words, the Court has become the victim of its own success. One of the solutions to this problem is the adoption of a consultative mechanism through which judicial dialogue between the Court and the European supreme courts is strengthened. The mecha

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Alshehri, Salem. "An Arab Court of Human Rights: The Dream Desired." Arab Law Quarterly 30, no. 1 (2016): 34–52. http://dx.doi.org/10.1163/15730255-12341315.

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The Arab Spring, which began at the end of 2010, created an atmosphere in the Arab world suitable for improving the protection of human rights through the establishment of the Arab Court of Human Rights. Plans to establish this court have existed since 2004, following the modification of the Arab Charter on Human Rights. This article explores the need for the establishment of the court, which will be a dream come true for residents in the Arab world.

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Solntsev, Alexander, and Anastasia Otrashevskaya. "Development of the concept of environmental human rights in the practice of the Inter-American Court of Human Rights." Meždunarodnoe pravosudie 12, no. 1 (2022): 57–78. https://doi.org/10.21128/2226-2059-2022-1-57-78.

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The current practice of international courts testifies to the close correlation of human rights and environmental protection. The “greening” of human rights contributes to improving the health and well-being of people around the world and the prevention of possible global negative consequences. This study analyzes existing international laws and the developing judicial practice regarding the defense of ecological rights and the interaction of separate categories of human rights including the rights to life, food, water, and a favorable environment. In the framework of this study, we will exami

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Abdou, Noureldin. "Muftī Courts, Minority Protection and the European Court of Human Rights." Zeitschrift für europarechtliche Studien 23, no. 4 (2020): 673–718. http://dx.doi.org/10.5771/1435-439x-2020-4-673.

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Being one of the leading cases in 2019, as described by the President of the European Court of Human Rights, this article analyzes the Molla Sali case in the merits as well as the just satisfaction stages. It argues that the Grand Chamber’s decision did not open the door for an expansive application of Islamic religious law (Sharī ̔a) in Europe; that the ECtHR did not impose a flat ban on religious adjudication; and that the ramifications of the decision may influence different religious minorities in general with a particularly alienating impact on Muslim Europeans. The case brought the mino

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Pérez-León Acevedo, Juan Pablo. "Realising the Right to Health for Victims of International Crimes. The Case of Medical Rehabilitation Reparations Ordered by International Courts: Challenges, Possibilities and Ways of Improvement." Groningen Journal of International Law 3, no. 2 (2015): 17. http://dx.doi.org/10.21827/5a86a8d59644e.

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In the last few decades, international crimes, ie, serious human rights violations, have inflicted severe harm on both the physical and mental health of large numbers of victims around the world. In attempting to redress these damages, international courts, within their respective mandates, have issued reparations orders in favour of victims and their communities. Precisely, an important modality of reparations has consisted of rehabilitation which includes measures of a medical nature for victims. This means physical and psychological rehabilitation including treatment, care and support. At t

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Soloviova, Olha. "Problematic issues of administrative responsibility for disrespect for court." Slovo of the National School of Judges of Ukraine, no. 4(29) (February 11, 2020): 17–30. http://dx.doi.org/10.37566/2707-6849-2019-4(29)-2.

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The article is devoted to the legal principles of taking administrative responsibility for disrespect for court. In the work the complex analysis of proceedings in cases of administrative offenses envisaged by Article 185-3 of the Code of Administrative Offenses is carried out. The problematic issues that arise in practice when considering cases of administrative offenses for disrespect for court are outlined. The article examines the individual decisions of national courts in cases of administrative offenses for disrespect for court. The Association Agreement with the European Union Ukraine h

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Onishchuk, Mykola, and Mykhailo Savchyn. "Direct effect of the Constitution and implementation of its provisions in administrative justice." Slovo of the National School of Judges of Ukraine, no. 2(31) (July 30, 2020): 6–26. http://dx.doi.org/10.37566/2707-6849-2020-2(31)-1.

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The problem of direct effect of the Constitution is related to the some aspects of the systematics of sources of law in the legal system of Ukraine in the pint of view of comparative law. Today, the processes of convergence in law continue. In the light of such dynamics, there is a multilevel and pluralistic picture of the direct effect of the provisions of the Constitution of Ukraine as a component of its highest legal force. The resolution of human rights cases by courts is a complex case, as it refers to their excessive restriction by law, which is not based on a sufficient legal basis. Con

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Nowak, M. "The Need for a World Court of Human Rights." Human Rights Law Review 7, no. 1 (2007): 251–59. http://dx.doi.org/10.1093/hrlr/ngl026.

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Nwauche, ES. "The Dubious Distinction between Principal and Accessory Claims in Nigerian Human Rights Jurisprudence." Journal of African Law 52, no. 1 (2008): 66–88. http://dx.doi.org/10.1017/s002185530800003x.

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AbstractWhat began as an exercise in defining the jurisdiction of the Nigerian Federal High Court over fundamental human rights has now turned into a well established principle that Nigerian courts will not entertain an action for the enforcement of a fundamental human right contained in chapter IV of the 1999 constitution through the Fundamental Human Rights (Enforcement Procedure) Rules unless it is the principal claim. In other words, if the action for the enforcement of a fundamental human right is an accessory or subsidiary claim, the action must be started by a writ of summons. This arti

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Barna, O., and I. Ye Peresh. "The right to peace in the system of human rights." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 86–90. http://dx.doi.org/10.24144/2788-6018.2022.05.16.

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The article analyzes and researchs the human right to peace as a special right of the third generation of human rights. The text of this work draws attention to the relationship between the right to peace and other human rights. Considerable importance is attached to enshrining the special right to peace in regional documents on the protection of human rights. It has been found that in the documents of international law, the issue of peace is often mentioned in preambles, as well as in articles outlining the goals and objectives of the activities of international organizations and the world co

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Nesvit, Evgeniy A. "Court as a Subject of Civil Right Protection." Administrative law and procedure 10 (October 8, 2020): 48–51. http://dx.doi.org/10.18572/2071-1166-2020-10-48-51.

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The article deals with the legal status of the court as a subject of protection of human and civil rights and freedoms. The article justifies that the subject matter is the cross-sectoral legal status of the court from the perspective of its human rights function with regard to human rights. The issue has been examined in terms of the human rights orientation of justice through the analysis of certain types of judicial proceedings. Certain categories of cases with the greatest human rights focus have been identified, and judicial statistics have been analysed. The human rights potential of the

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Mujuzi, Jamil D. "Construing pre-1995 laws to bring them in conformity with the Constitution of Uganda: Courts' reliance on article 274 of the Constitution to protect human rights." African Human Rights Law Journal 22, no. 2 (2023): 1–28. http://dx.doi.org/10.17159/1996-2096/2022/v22n2a9.

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Article274 of the Ugandan Constitution (1995) provides that laws that existed at the time of the entry into force of the Constitution 'shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it in conformity with this Constitution'. The jurisprudence from Ugandan courts shows that they have adopted three approaches to give effect to article 274 and, as a result, protected human rights such as the right to equality (freedom from discrimination), property, human dignity, liberty and the right to bail. The first approach is for the court

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Balatska, Olha. "The right of access to court in the practice of european judicial institutions." Slovo of the National School of Judges of Ukraine, no. 4(49) (February 25, 2025): 50–61. https://doi.org/10.37566/2707-6849-2024-4(49)-4.

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This article is devoted to the study of the concept of access to court in European case law. It examines the case law of the European Court of Human Rights (ECtHR) and EU law to define the essence of access to court, which stems from the concept of justice as an integral part of the right to a fair trial and the rule of law. The article dedines that ECtHR interprets the right of access to a court within the context of the «right to a court» as defined in Article 6 (1) of the Convention. Access to a court embodies not only the ability to initiate proceedings but also the right to have them reso

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Jesse, James. "Limitation Clauses at the African Regional Human Rights System and Tanzania: Reflection of Judicial Decisions." Eastern Africa Law Review 48, no. 1 (2021): 62–101. http://dx.doi.org/10.56279/ealr.v48i1.2.

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Enjoyment of fundamental human rights as guaranteed by the African Charter or Constitution of Tanzania is subject to limitations which are set out by the ordinary law made by parliament. However, case law has demonstrated that no provision of the limitation clause in the African Charter or Constitution may be interpreted as permitting a State to suppress enjoyment or exercise of the rights and freedoms to a greater extent than reasonably required. Which tests or criteria should guide the court or other authorities depends on the instrument in question. Both the African Charter and the Constitu

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Firdaus, Arifin. "Screening of Court Competence Through Dismissal of Process in The General Justice System." LAW&PASS: International Journal of Law, Public Administration and Social Studies 1, no. 3 (2024): 306–14. https://doi.org/10.5281/zenodo.13336983.

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In the world there are 2 (two) types of legal systems, namely the Anglo Saxon or Common Law System and the Continental Europe or Civil Law System, Countries with Anglo Saxon legal systems do not recognize the separation of judicial chambers. Indonesia as a continental european adherent in the exercise of judicial power divides into several courts under it, including General Courts, Religious Courts, Administrative Courts, and Military Courts. The number of cases submitted to the District Court as General Court makes the case unfiltered, whether it is under the authority of the District Court o

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Šurlan, Tijana. "The duty to protect the right to life." Nauka bezbednost policija 26, no. 2 (2021): 19–30. http://dx.doi.org/10.5937/nabepo26-34101.

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The author analyses one aspect of the right to life - the duty to protect the right to life. at aspect is not encompassed in definitions of the right to life in clear and explicit words. However, it is elucidated through the process of interpretation by various bodies, both international and national. Explicit inclusion of this element is thoroughly analysed in General Comment No. 36 adopted by the UN Human Rights Committee and it presents the starting point for the analyses in this paper. e duty to protect the right to life has also been elaborated in specific cases before the UN Human Rights

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CALENDARI, Dumitru, and Vitalie JITARIUC. "NATIONAL AND ECtHR SELECTIVE JURISPRUDENCE ON DECISION-MAKING IN CRIMINAL APPEALS." LEGEA ŞI VIAŢA=LAW AND LIFE=ЗАКОН И ЖИЗНЬ . 4, 2023 (February 29, 2024): 38–45. https://doi.org/10.5281/zenodo.10725573.

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The European Union promotes human rights and strives to ensure that they are respected everywhere in world. The Republic of Moldova and those responsible in the field must engage to promoting human rights. Intensification of integration and globalization processes it requires the development of legal measures on adapting the national legal system to international standards which provides for the defense of human rights and freedoms. The author presents examples of national jurisprudence and the decisions of the European Court of Human Rights against the Republic of Moldova which shows the impo

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Sommer, Christian G., and Victorino F. Sola. "The implementation of reparations in the Inter-American human rights system." American Yearbook of International Law 1, no. 1 (2023): 429–521. http://dx.doi.org/10.12681/ayil.33043.

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Reparations as a consequence of the harm suffered by individuals is a general principle of law, recognized by States as a mechanism to compensate for the harm caused by others. In the regional systems for the protection of human rights, the courts have made important advances throughout their operation in generating progressive interpretations of the principle of reparations as a consequence of human rights violations by States. In the inter-American human rights system, the role of the Inter-American Court of Human Rights has had an important evolutionary development on the interpretations of

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Savchyn, Mykhailo. "Judicial Protection of Social Rights and Respect for Human Dignity." Slovo of the National School of Judges of Ukraine, no. 2(43) (November 7, 2023): 6–27. http://dx.doi.org/10.37566/2707-6849-2023-2(43)-1.

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he article analyzes the idea of protection of social rights based on the universal nature of human rights as the obligation of the state to protect certain goods, in particular, the distribution of goods in the case of unequal economic status of individuals or the occurrence of life circumstances beyond the individual's will. The protection of social rights is also seen through the principle of ubi jus ibi remedium, the fair distribution of goods on the basis of an equal scale of rights and freedoms. The purpose of the study is to reveal the nature of social protection through the concept of g

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Nurhidayatuloh, Nurhidayatuloh, Akhmad Idris, Rizka Nurliyantika, and Fatimatuz Zuhro. "Anomali Asas Non-Retroaktif dalam Kejahatan Genosida, Bertentangan dengan HAM?" Jurnal Konstitusi 19, no. 2 (2022): 294. http://dx.doi.org/10.31078/jk1923.

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The crime of genocide is one of the most serious international crimes stipulated in the Rome Statute. Previously, genocide was regulated in the Convention on Genocide entered into force on 12 January 1951. The convention and the Rome Statute do not allow retroactivity. However, retroactivity appears in the Indonesian Law on the Human Rights Court and is strengthened through the Indonesian Constitutional Court's Decision. This study focuses on the neglect of the non-retroactive principle in the Law on Human Rights Courts and the extent to which the retroactive period. This research uses normati

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Baraggia, Antonia, and Maria Elena Gennusa. "Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional Court." Perspectives on Federalism 9, no. 1 (2017): 34–67. http://dx.doi.org/10.1515/pof-2017-0003.

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Abstract International and constitutional law, originally distinct realms with limited areas of intersection, are getting closer and closer, particularly in the European landscape within the human rights protection field, where these mere contacts between the two systems have become intersections and overlaps. The present article will try to shed light on the still unsolved and problematic issues to which overlapping human rights protection systems give rise, by focusing on an analysis of the heterologous in vitro fertilization case, where both the Strasbourg Court and the Italian Constitution

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Mishchuk, I. V., and B. S. Kirichuk. "Judicial protection of citizens' rights in the context of the decision-making procedure of the European Court of Human Rights." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 265–69. http://dx.doi.org/10.24144/2788-6018.2021.03.49.

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In this article, were analyzed the process of litigation in the European Court of Human Rights. We have found that the problem of informing the public about the role of the court is insufficiently studied and researched. This issue is mainly caused by the fact that the population of Ukraine does not know the real process of litigation in the European Court of Human Rights. We have determined that having the ability to protect your rights in court and being able to do it in an effective way are absolutely different actions. Were established that the high authority of the European Court of

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Urueña, Rene. "Evangelicals at the Inter-American Court of Human Rights." AJIL Unbound 113 (2019): 360–64. http://dx.doi.org/10.1017/aju.2019.64.

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Christian Evangelicals are a growing political force in Latin America. Most recently, they have engaged the Inter-American Court of Human Rights to challenge basic LGBTI achievements, such as same-sex marriage and other demands for equal rights. Several commentators thus speak of an imminent showdown between human rights protections and Christian Evangelism in the region, which would mirror similar conflicts elsewhere in the world. This essay challenges this narrative and warns against a top-down “secular fundamentalism,” which may alienate a significant part of the region's population and cre

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Szymacha, Adam. "Fundamental Rights and the Obligation to Publicly Disclose Information on Tax Strategy." Finanse i Prawo Finansowe 4, no. 32 (2021): 7–20. http://dx.doi.org/10.18778/2391-6478.4.32.01.

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The aim of the article: The presented study concerns the problem of violations of fundamental rights caused by the law regulation contained in art. 27c of the Corporate Income Tax Act in Poland. This regulation provides obligation to publish information about introduced tax strategies. Yet, it may endanger many human rights and this article focuses on two of them – the right to remain silent, and the right of privacy. The aim of this article is to make an analysis of the standards presented by the Court of Justice of the European Union and the European Court of Human Rights. Additionally, the

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Nowak, Manfred. "The Right of Victims of Human Rights Violations to a Remedy: The Need for a World Court of Human Rights." Nordic Journal of Human Rights 32, no. 1 (2014): 3–17. http://dx.doi.org/10.1080/18918131.2013.877552.

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Mozhechuk, Lyusya, and Andriy Samotuha. "Role of the European Court of Human Rights in realization of social security right." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (2020): 55–63. http://dx.doi.org/10.31733/2078-3566-2020-2-55-63.

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The article deals with the role of the European Court of Human Rights (ECtHR) in protecting the right to social security. There is the analysis of the case law of the ECtHR on the violation of the right to social security, namely the right to receive a pension, which the ECtHR classifies as property rights. The authors have outlined the ways to improve the practice of the ECtHR in this area in modern national and world socio-economic conditions. According to available estimates, around 50 per cent of the global population has access to some form of social security, while only 20 per cent enjoy

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Tsebenko, Solomiia, and Rostyslava Frei. "The impact of ecology on human health: state obligations and the practice of the European Court of Human Rights." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 12, no. 46 (2025): 381–87. https://doi.org/10.23939/law2025.46.381.

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Abstract. The article examines the relationship between environmental conditions and public health, focusing on the legal aspects of environmental rights protection. The article examines the role of the state in ensuring a proper environmental environment and compliance with environmental standards, which is an integral part of the right to health. The author identifies the key legal mechanisms for the protection of environmental rights and their application in the European legal system. Various environmental violations are highlighted and their impact on human health is analyzed, and it is po

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Jun, Hyungjoon. "Gender-based violence against women as a matter of discrimination: Focusing on the analysis of the state’s positive obligation doctrine as applied in the European Court of Human Rights’ judgment “Volodina v. Russia(No. 2)”." Center for Public Interest & Human Rights Law Chonnam National University 32 (February 28, 2024): 379–417. http://dx.doi.org/10.38135/hrlr.2024.32.381.

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Women and girls who are victims of violence need active protection from the state because they are mostly socially vulnerable and cannot escape the danger of violence on their own. Especially with the development of the Internet, violence against women is no longer limited to the analog world, and perpetrators are using the Internet in their acts of violence in the digital world as well. Cyberviolence manifests itself in a variety of ways, from threatening messages and cyber-stalking to consensual/ unconsensual uploading of intimate images. This analysis of the Volodina v. Russia judgment (no.

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Massot, Jean. "Le juge administratif protecteur de la liberté individuelle." Zbornik radova Pravnog fakulteta u Splitu 54, no. 1 (2017): 1–11. http://dx.doi.org/10.31141/10.31141.zrpfs.2017.54.123.001.

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Introduction; Individual and civil freedoms; Individual freedom and the right to not being succumbed to self-willed closure; control of general acts. I the administrative judge for a long time has protected individual freedoms; I.1 In normal times; Freedom of Movement: passports, rights of foreigners, coerced psychiatric treatment; Freedom to enter Marriage, family life and free carrying out of profession; House of Taxation Search I.2 In times of crisis; First World War and the theory of state of emergency; Decolonisation, Terrorism: State of Emergency, Administrative jail and searches; II The

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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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Marchenko, Svitlana, and Volodymyr Paliychuk. "Autonomous interpretation of the concept of “property” in the practice of the ECtHR in the context of land and agrarian law of Ukraine." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 253–57. http://dx.doi.org/10.36695/2219-5521.1.2021.49.

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Convention for the Protection of Human Rights and Fundamental Freedoms. Particular attention is paid to the autonomous interpretationby the European Court of Human Rights of the concept of property within the meaning of the abovementioned Convention.The European Court of Human Rights interprets the concept of “property” quite broadly, including not only traditional objects of thematerial world, but also a number of intangible assets. In addition to classic tangible assets (such as land), the European Court of HumanRights also includes a “legitimate expectation” to receive certain assets to the

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