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Articles de revues sur le sujet « Human rights – Belgium »

Auteur : Grafiati

Publié le 10 mars 2023

Mis à jour le 31 juillet 2025

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1

Lavrysen, Laurens. "‘Strasbourg was something new, it was an adventure’." Tijdschrift voor rechtsgeschiedenis 86, no. 3-4 (2018): 482–547. http://dx.doi.org/10.1163/15718190-08634p07.

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SummaryIn recent years, a burgeoning literature has focused on the history of human rights in general and the history of the European Convention on Human Rights (ECHR) in particular. In order to understand how the ECHR gradually managed to gain authority in diverse national settings, it is necessary to complement transnational historical perspectives with studies of national reception histories. The present article approaches the history of the ECHR in Belgium by focusing on the history of the Belgian cases in Strasbourg, which have played an important role in contributing to the ‘discovery’ o

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Verelst, S. "LIFE IMPRISONMENT AND HUMAN RIGHTS IN BELGIUM." Human Rights Law Review 3, no. 2 (2003): 279–90. http://dx.doi.org/10.1093/hrlr/3.2.279.

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Pagotto, Tania. "The “living together” argument in the European Court of Human Rights case-law." Studia z Prawa Wyznaniowego 20 (December 23, 2017): 9–34. http://dx.doi.org/10.31743/spw.257.

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This article analyses the three cases where the argument of “living together” was engaged by the ECtHR and accepted as a legal justification for the prohibition of the full-face veils (burqa and niqab): SAS v. France (2014), Belcacemi and Oussar v. Belgium (2017), and Dakir v. Belgium (2017). It analyses the proposed concept of “living together” itself, explaining its content and its development in the French and Belgian contexts. The paper argues that there is a lack of a robust legal analysis sufficient to legitimize this new argument. Finally, it makes the case for more fact-oriented decisi

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Reyntjens, Louise. "Citizenship Deprivation under the European Convention-System: A Case Study of Belgium." Statelessness & Citizenship Review 1, no. 2 (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 mig

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Ouald Chaib, Saïla, Saïla Ouald Chaib, and Eva Brems. "Doing Minority Justice Through Procedural Fairness: Face Veil Bans in Europe." Journal of Muslims in Europe 2, no. 1 (2013): 1–26. http://dx.doi.org/10.1163/22117954-12341248.

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Abstract The French and Belgian bans on face veils in public places have been subjected to strong substantive human rights critiques. This article takes a complementary approach, examining the bans from the perspective of procedural fairness. Indeed, the French and Belgian bans are extreme examples of legislative processes taking place above the heads of the people concerned, neglecting the ban’s possible human rights impact. After exploring what the social psychology notion of procedural fairness entails for the judiciary and the legislator, especially in a multicultural context, this article

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Galkina, L. R. "Interaction between the European Court of Human Rights and the Court of Justice of the EU: on the example of the law and order of Belgium." Uzhhorod National University Herald. Series: Law 4, no. 87 (2025): 218–23. https://doi.org/10.24144/2307-3322.2025.87.4.34.

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As of today, the European Union and the Council of Europe play a key role in establishing standards for human rights protection. The European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) share a common fundamental goal – the protection of human rights. While they occasionally refer to each other’s case law, resulting in «mutual cross-fertilization», a closer analysis reveals significant differences between these institutions. Among the 46 member states of the Council of Europe, 27 are part of the European Union, granting their citizens access to the prote

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Bossuyt, Marc, and Willem Verrijdt. "The Full Effect of EU Law and of Constitutional Review in Belgium and France after the Melki Judgment." European Constitutional Law Review 7, no. 3 (2011): 355–91. http://dx.doi.org/10.1017/s1574019611300028.

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Coincidence of human rights review by national and European courts – Courts questioning and delimiting each other's jurisdiction – Evolution of judicial review of legislation in Belgium and France – Rules giving priority to national human rights review over European human rights review – Melki judgment Court of Justice – Conformity with Union law – Balance between effectiveness of EU review and effectiveness of constitutional review – Effectiveness of human rights – Obligatory a priori human rights review of secondary Union law

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H. Avdić, Faruk. "THE EROSION OF THE SALDUZ DOCTRINE IN THE CASES OF IBRAHIM AND OTHERS V. THE UNITED KINGDOM AND BEUZE V. BELGIUM." Journal of Criminology and Criminal Law 59, no. 3 (2021): 95–122. http://dx.doi.org/10.47152/rkkp.59.3.5.

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The so-called Salduz doctrine that concerns the right to a fair trial and the right to the defense attorney emerged from the case of Salduz v. Turkey, decided on the part of the European Court of Human Rights where the Grand Chamber found the violation of Article 6, paragraph 3(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms. In this connection, the aim of this paper is twofold. In the first place, the paper aims to demonstrate how the European Court of Human Rights has overturned the two main tenents of the so-called Salduz doctrine derived from its landmark c

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McKenney, Jessica. "Informed Consent and Euthanasia: An International Human Rights Perspective." International and Comparative Law Review 18, no. 2 (2018): 118–33. http://dx.doi.org/10.2478/iclr-2018-0041.

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Abstract This Paper addresses the right to informed consent regarding euthanasia using international conventions and, to a lesser extent, national laws and policies. Specifically, The United States, Belgium and the Netherlands will be examined. The Paper specifically discusses legal capacity, the right to consent and the right to information. Three stories are used to argue the importance of implementing effective safeguards for these rights and notes that these safeguards are necessary regardless of whether or not euthanasia is legalized in a state. This Paper also argues that patients shoul

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Opgenhaffen, Tim, and Johan Put. "Searching and Seizing Evidence at Lawyers’ and Doctors’ Premises: Belgium, France and The Netherlands Put to the European Court of Human Rights Test." European Journal of Crime, Criminal Law and Criminal Justice 23, no. 4 (2015): 359–82. http://dx.doi.org/10.1163/15718174-23032078.

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Search and seizure procedures at lawyers’ and doctors’ premises put pressure on professional secrecy. In order to protect secrecy Belgium, France and The Netherlands introduced procedural guarantees based on the interplay of the examining magistrate, the representative of the professional association and the lawyer or doctor. Although the actors are similar, the level of protection differs. Under the terms of the European Convention on Human Rights a minimal level of protection is nevertheless vital. This contribution compares the interplay between the actors in Belgium, France and The Netherl

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Dewulf, Steven. "Human Rights in the Criminal Code? A Critique of the Curious Implementation of the EU and Council of Europe Instruments on Combating and Preventing Terrorism in Belgian Criminal Legislation." European Journal of Crime, Criminal Law and Criminal Justice 22, no. 1 (2014): 33–57. http://dx.doi.org/10.1163/15718174-22012038.

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Different international instruments on the prevention and suppression of terrorism from the European Union and the Council of Europe task States with adopting new terrorist offences. At the same time, several provisions in these international instruments remind States of their obligation to fully adhere to their human rights obligations when implementing, interpreting and applying these new offences. Following these provisions, Belgium decided to insert a rather curious human rights clause in its Criminal Code. This article will critically examine this peculiar clause and the decision(s) made

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De Brabandere, Eric. "Belgian Courts and the Immunity of International Organizations." International Organizations Law Review 10, no. 2 (2014): 464–504. http://dx.doi.org/10.1163/15723747-01002013.

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The functional underpinning of institutional immunity remains crucial today in order to guarantee the independent fulfilment by the organization of its mandate. Despite this relatively firmly established principle, domestic courts and tribunals have shown in recent cases that they are very critical of the idea of the absolute character of international organization immunity, not the least in relation to the right of access to court, guaranteed inter alia by Article 6 of the European Convention on Human Rights. Belgium is host to between 50 and 100 international organizations or liaison offices

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Verdussen, Marc, and Donatienne de Bruyn. "Protecting Human Rights and the Role of Administration in Belgium." International Review of Administrative Sciences 65, no. 3 (1999): 422–40. http://dx.doi.org/10.1177/0020852399653010.

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Christiaens, Kim, and Manuel Herrera Crespo. "Failures, Limits and Competition: Campaigns on Behalf of Eastern European Dissidents in Cold War Belgium, 1956–1989." East Central Europe 50, no. 1 (2023): 85–114. http://dx.doi.org/10.30965/18763308-50010005.

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Abstract This article examines the ways in which campaigns supportive of dissidents and human rights in Eastern Europe developed in Belgium during the Cold War. The Belgian case study reveals the critical role of internationally oriented Catholic organizations and social movements in these campaigns. This Catholic activism has often been neglected in mainstream accounts focusing on left-wing or liberal support for Eastern European dissidents or human rights, but it is key to understanding the development of campaigns and their relationships, both real and imagined, with other causes, especiall

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V. V., Novitskyi. "Political and legal mechanisms for the protection of human rights through the lens of the European Union countries." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (2020): 180–85. http://dx.doi.org/10.33663/2524-017x-2020-11-32.

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The author of the article, first of all, draws attention to the current problems of protection and protection of human rights, which unfortunately are traced within the territorial jurisdiction of the European Union. Such problem is quite well demonstrated by Berbel Koffler, as the Commissioner of the Government of the Federal Republic of Germany on human rights and humanitarian aid policy. Indeed, the Ombudsman of Germany has raised a number of deep dilemmas: violence against human rights defenders on the grounds of their professional activity, the relation of human rights institutions with p

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Andreetta, Sophie. "Granting ‘Human Dignity’." Cambridge Journal of Anthropology 40, no. 2 (2022): 36–53. http://dx.doi.org/10.3167/cja.2022.400204.

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Building on ethnographic fieldwork in Belgian welfare bureaucracies, this article explores the place of emotions in the administrative treatment of cases—particularly those involving migrants, whose welfare rights are increasingly limited. Welfare offices are responsible for granting social assistance—in the form of medical treatment, material help, or financial benefits—in order to guarantee that those residing in Belgium live in dignified conditions. This article delves into civil servants’ emotional engagement, discourses, and relationship to ‘the state’ and into the way they decide on spec

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Djukanovic, Andjela. "Protection of human rights of asylum seekers and illegal migrants: Practice of European court of human rights." Medjunarodni problemi 65, no. 4 (2013): 479–508. http://dx.doi.org/10.2298/medjp1304479d.

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The European Court of Human Rights plays an important role in protecting the rights of asylum seekers and illegal migrants through a set of different human rights. Requests for interim measures under Rule 39 of the Rules of Court have also great importance. In cases involving illegal migrants and asylum-seekers, the Court was often in a difficult position, given the contradictions that could arise from the protection of human rights and the legitimate aim of the Contracting States to control the entry, residence and expulsion of aliens. The recent Courts judgments in the case of M. S. S. again

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Žuber, Bruna, and Špela Lovšin. "Judicial dialogue in the light of Protocol no. 16 to the European convention on human rights." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 40, no. 2 (2019): 899–925. http://dx.doi.org/10.30925/zpfsr.40.2.10.

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The authors discuss legal nature of the Protocol No. 16 to the European Convention on Human Rights (ECHR) which entered into force on 1 August 2018. With the aim of improving the judicial dialogue between European Court of Human Rights (ECtHR) and highest national courts, the Protocol No. 16 introduced the advisory opinion procedure at the ECtHR level. A detailed analysis of the impact of advisory opinion procedure on the judicial dialogue is included and is further supported by the reviews of cases at the ECtHR against Slovenia, Belgium and Italy, which illustrate how a possibility to request

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Markhgeym, Marina V., Alevtina E. Novikova, Evgeniy E. Tonkov, Alla N. Gutorova, and Aleksandr M. Tsaliev. "Protection Indicator in the Constitutions of the European Federations." International Journal of Criminology and Sociology 9 (April 5, 2022): 2342–46. http://dx.doi.org/10.6000/1929-4409.2020.09.282.

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The article presents the results of a comparative legal analysis of the constitutions of European federal states (Austria, Belgium, Bosnia and Herzegovina, Germany, and Switzerland) with a view to identifying the norms that minimize human rights risks. The identification of such constitutional provisions is associated with the formalization of the protection of the human rights and freedoms, as well as its legal statuses and conditions. The research was based on a dialectical approach to the disclosure of legal phenomena and processes using general scientific (systematic and logical methods, a

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Caboor, Pieter Dirck G. "The echr Grand Chamber Judgment in the case of Mugemangango v. Belgium." International Journal of Parliamentary Studies 1, no. 1 (2021): 147–53. http://dx.doi.org/10.1163/26668912-bja10002.

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Abstract The reviewed Judgment concerns a post-election dispute relating to the Walloon Parliament elections held on 25 May 2014. The European Court of Human Rights sitting as a Grand Chamber held unanimously on 10 July 2020 that the Kingdom of Belgium had violated the right to free elections and the right to an effective remedy at the occasion of the 2014 elections for the Walloon Regional Parliament.

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Mallia, Patricia. "The European Court of Human Rights: M.S.S. v. Belgium & Greece." International Legal Materials 50, no. 3 (2011): 364–439. http://dx.doi.org/10.5305/intelegamate.50.3.0364.

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Frémont, Jacques. "Legal Pluralism, Customary Law and Human Rights in Francophone African Countries." Victoria University of Wellington Law Review 40, no. 1 (2009): 149. http://dx.doi.org/10.26686/vuwlr.v40i1.5383.

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This article provides a perspective on human rights in sub-Saharan Africa, with an emphasis on states colonised and influenced by the continental cultures of France and Belgium. The author examines what the Pacific can gain from the Francophone countries' understanding of human rights, with insights into the interface of cultures in post-colonial statehood. The article is one of four background papers which provide paradigms and challenges for a possible Pacific charter.

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Boddez, Laura, and Herman Nys. "Does the Regulation of Medical Scientific Research in Belgium Adequately Protect Privacy Rights after Death?" European Journal of Comparative Law and Governance 1, no. 2 (2014): 91–105. http://dx.doi.org/10.1163/22134514-00102001.

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Health-related data and human bodily material continue to exist and can also be obtained after death. They are of great value for medical scientific research. However, a fair balance has to be struck by the legislator between protecting the privacy of the data subject/donor and taking into account the specific needs of scientific research. After all, the death of a person should not entail that this conflict of interest ceases to exist and that only the interests of scientific research are taken into account. Therefore, this article analyses whether the Belgian legislator was able to strike th

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Мочалов, Артур Николаевич. "ON THE ESTABLISHMENT OF THE POSITION OF OMBUDSMAN FOR THE PROTECTION OF HUMAN RIGHTS WHEN USING INFORMATION TECHNOLOGIES IN RUSSIA." Rule-of-law state: theory and practice 18, no. 2(68) (2022): 27–39. http://dx.doi.org/10.33184/pravgos-2022.2.3.

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The article argues for the need to introduce the position of specialized ombudsman in the Russian Federation, whose competence will include the protection of human rights in the digital space, including the Internet. Purpose: to formulate and substantiate proposals for the establishment of the position of ombudsman for the protection of human rights in the field of information and telecommunication technologies. Methods: the research is based on the comparative legal method. The author analyzes the experience of foreign countries – Australia, Canada, Belgium, New Zealand, where independent sta

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Stassen, Wouter, Petra Habets, Astrid Mertens, Jan De laender, and Inge Jeandarme. "The InReach project: from penitentiary to forensic hospital." Therapeutic Communities: The International Journal of Therapeutic Communities 35, no. 3 (2014): 119–26. http://dx.doi.org/10.1108/tc-01-2014-0002.

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Purpose – In Belgium approximately a quarter of forensic psychiatric patients reside within penitentiaries instead of treatment facilities. This situation has yielded the Belgian government several convictions from the Human Rights Court in Strasbourg. In an attempt to facilitate admissions from penitentiary to psychiatric hospital, the Forensic Department of the psychiatric hospital in Rekem (OPZC Rekem), has piloted the InReach project. The paper aims to discuss these issues. Design/methodology/approach – The objective of this project is to engage a psychiatric nurse on the ward in pretherap

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Paul, Kaushik. "Lachiri v Belgium and Bans on Wearing Islamic Dress in the Courtroom: An Emerging Trend." Ecclesiastical Law Journal 21, no. 1 (2019): 48–53. http://dx.doi.org/10.1017/s0956618x18000947.

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In recent years, the wearing of Islamic dress in public spaces and elsewhere has generated widespread controversy all over Europe. The wearing of the hijab and other Islamic veils has been the subject of adjudication before the European Court of Human Rights (ECtHR) on many occasions. The most recent case before the ECtHR as to the prohibition on wearing the hijab is Lachiri v Belgium. In this case, the ECtHR held that a prohibition on wearing the hijab in the courtroom constitutes an infringement of Article 9 of the European Convention on Human Rights (ECHR), which guarantees the right to fre

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Brems, Eva, Saïla Ouald Chaib, and Katrijn Vanhees. "“Burkini” bans in Belgian municipal swimming pools: Banning as a default option." Netherlands Quarterly of Human Rights 36, no. 4 (2018): 270–89. http://dx.doi.org/10.1177/0924051918801613.

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Muslim women’s religious dress is a matter that exercises many minds and the recent public debate on the so-called “burkini” (preferably phrased as “body covering swimwear”) is the umpteenth variation on the theme. Following the French commotion on the presence of “burkini” wearers at the coast in 2016, the “burkini” became the subject of public debate in Belgium. Whereas the “burkini” did not cause much public unrest in the context of the Belgian coast, the majority of local swimming pools in the Flemish region of Belgium do have dress codes banning the “burkini”, even before the (inter)natio

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Moreno-Lax, Violeta. "Dismantling the Dublin System: M.S.S. v. Belgium and Greece." European Journal of Migration and Law 14, no. 1 (2012): 1–31. http://dx.doi.org/10.1163/157181612x627652.

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Abstract The Dublin Regulation establishes criteria and mechanisms for determining the Member State responsible for examining an application for asylum lodged in the European Union by a third-country national. The system is based on the presumption that Member States may be considered ‘safe countries’ for asylum seekers, for which reason transfers from one Member State to another are supposed not to violate the principle of non-refoulement. The fact that all Member States have acceded to the 1951 Refugee Convention and to the European Convention on Human Rights, that they share a pledge to est

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Forsyth, Christopher. "ARTICLE 6(1) OF THE EUROPEAN CONVENTION AND THE CURATIVE POWERS OF JUDICIAL REVIEW." Cambridge Law Journal 60, no. 3 (2001): 441–92. http://dx.doi.org/10.1017/s0008197301231195.

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The European Convention on Human Rights and Fundamental Freedoms makes no mention of any right to procedural justice in the making of administrative decisions. Any protection for such rights must be found in Article 6(1) which provides that in the determination of their “civil rights and obligations … everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law”. But Article 6(1) was originally intended to apply to the determination of private law rights only and not to public law matters (see Le Compte, Van Leuven and D

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Stevanović, Ivana, and Milena Banić. "MONITORING MECHANISMS IN JUVENILE JUSTICE PLACES WHERE CHILDREN ARE DEPRIVED OF THEIR LIBERTY." Strani pravni život 60, no. 4 (2016): 21–37. http://dx.doi.org/10.56461/spz16402s.

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This article is based on national research conducted in Serbia by authors in the name of Belgrade Child Rights Centre as a part of international project “Children’s Rights Behind Bars – Human Rights of Children Deprived of Liberty: Improving Monitoring Mechanisms” coordinated by DCI Belgium and Juvenile Justice Project coordinated by International Management Group. The article intention is to present how the respect of children’s rights within places where children may be deprived of their liberty in the fled of Serbian Juvenile Justice System is monitored and how children can enforce their ri

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Blommaert, Jan, and Jef Verschueren. "The pragmatics of minority politics in Belgium." Language in Society 20, no. 4 (1991): 503–31. http://dx.doi.org/10.1017/s0047404500016705.

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ABSTRACTNewspaper reports, political policy papers, and investigations by social scientists concerning issues related to the presence of a community of migrant workers in Belgium are subjected to a systematic, pragmatic analysis. The analysis reveals an eminently coherent world of beliefs and attitudes with respect to (1) perceptions of the “other,” (2) the self-perception of majority members, (3) formulations of “the problem,” and (4) proposed solutions. This world of beliefs and attitudes is shown to be centered around stable – even if vague – notions of culture, nation and state, democracy

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Kim, Younsik. "The Structure and Challenges of Personality Rights Protection under the European Convention on Human Rights." European Constitutional Law Association 47 (April 30, 2025): 1–61. https://doi.org/10.21592/eucj.2025.47.1.

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This article systematically examines the structure and evolution of the protection of personality rights under the European Convention on Human Rights (ECHR). Personality rights, rooted in the protection of human dignity and identity, have progressively expanded beyond the narrow scope of privacy to encompass a wide range of personality-related interests. Although the ECHR does not explicitly stipulate personality rights, the European Court of Human Rights (ECtHR) has developed a comprehensive protection framework through the dynamic interpretation of Article 8 (right to respect for private an

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Eggermont, M. "The Choice of Child Delivery Is a European Human Right." European Journal of Health Law 19, no. 3 (2012): 257–69. http://dx.doi.org/10.1163/157180912x639125.

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Abstract In a judgment of 14 December 2010, in the case of Madam Ternovszky v. Hungary, the European Court of Human Rights has considered that a State should provide an adequate regulatory scheme concerning the right to choose in matters of child delivery (at home or in a hospital). In the context of homebirth, regarded as a matter of personal choice of the mother, this implies that the mother is entitled to a legal and institutional environment that enables her choice. This contribution stresses in which sense the regulatory schemes in the Member States Belgium, Germany, the Netherlands, Fran

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Riekkinen, Mariya. "Advancing Economic and Social Rights, Including Education in the Context of European Minorities—2019." European Yearbook of Minority Issues Online 18, no. 1 (2021): 55–87. http://dx.doi.org/10.1163/22116117_01801004.

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This article reviews international developments which took place in 2019 with a focus on economic and social rights of members of European minorities, including the right to education. The developments are reviewed based on the practice of the UN, CoE, as well as EU organizations and their bodies whose activities relate to human rights issues. This review also covers the documents of the said bodies adopted in 2018 yet having remained non- promulgated until 2019. In a nutshell, probably the most significant developments— in terms not only of the greater number of cases resolved but also of new

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Mendzhul, Marija V., Andrianna Yu Badyda, Yuliia I. Fetko, Roman M. Fridmanskyy, and Viktoriia I. Fridmanska. "Eutanasia: legal regulation in european countries and prospects for legalization in Ukraine." LAPLAGE EM REVISTA 7, no. 3 (2021): 479–86. http://dx.doi.org/10.24115/s2446-62202021731334p.479-486.

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The article is devoted to a comparative legal study of the legalization of euthanasia in European countries and Ukraine. The authors have investigated the changes in the ECHR positions in the consideration of cases of euthanasia and assisted suicide. We concluded that the decisions of the European Court of Human Rights include an attempt to guarantee a balance in the right to choose the moment of death and the rights that are protected by 2 and 8 of the Convention on Human Rights and Fundamental Freedoms. The ECHR practice has been found to also influence the legalization of euthanasia in Euro

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Белова, Габриэлла, Gabriela Belova, Мария Хаджипетрова-Лачова, and Maria Hadzhipetrova-Lachova. "Some decisions of the European Court of Human Rights and the Court of the European Union con cerning the right of asylum." Comparative Research In Law and Politics 2, no. 1 (2014): 68–74. http://dx.doi.org/10.12737/5251.

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The authors analyze certain cases considered in recent years by the European Court of Human Rights and the Court of European Union in Luxembourg and associated with providing of asylum to the third country nationals. In individual EU member states there are huge differences in the procedures and protective mechanisms for asylum seekers in their access to work, as well as in the use of mechanism of forced detention. Due to accession of the EU to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the EU should comply the standards set by the Council of Europe. T

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Happold, M. "BANKOVIC V BELGIUM AND THE TERRITORIAL SCOPE OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS." Human Rights Law Review 3, no. 1 (2003): 77–90. http://dx.doi.org/10.1093/hrlr/3.1.77.

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Abbasova, Firuza, Lala Mammadova, and Ayan Zeynalova. "A Comparative Study of Legal Practices in European Jurisdictions and Azerbaijan in Absentia Trials." Journal of Lifestyle and SDGs Review 5, no. 2 (2024): e03421. https://doi.org/10.47172/2965-730x.sdgsreview.v5.n02.pe03421.

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Objective: The objective of this study is to examine the adoption of in absentia trials in Azerbaijan following the 2023-2024 legal reforms, focusing on the balance between judicial efficiency and defendants' rights. This issue is particularly crucial as Azerbaijan continues to modernize its legal system to align with international standards, especially in the context of transitional justice. Azerbaijan's legal system, though based on the Roman legal tradition, is relatively young, and still in transition from Soviet-era practices. Theoretical Framework: Theoretical Framework grounded in human

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Jürgenssen, Theresa-Erna. "Protecting Human Rights While Conducting Military Operations Abroad: a Critical Analysis of The European Court of Human Rights’ Recent Judgement in «Hanan v. Germany»." Anuario Español de Derecho Internacional 38 (May 10, 2022): 487–523. http://dx.doi.org/10.15581/010.38.487-523.

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On February 16, 2021, the Grand Chamber of the European Court of Human Rights released its judgement in Hanan v. Germany (2021). The case concerned the alleged violation of Articles 2 and 13 of the European Convention of Human Rights by Germany regarding an airstrike ordered by German Colonel Klein in Afghanistan. The case raised several questions the answers of which could be impactful for all Contracting Parties to the Convention conducting military operations abroad. This paper critically explores the past-case law by the Court and the answers given by the Court in Hanan concerning two of t

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Beintema, Bo Minou. "“Girls Just Wanna Have Fun(damental) Human Rights:” How the Women’s Convention and Belgium combat Gender Stereotypes." Udayana Journal of Law and Culture 4, no. 1 (2020): 1. http://dx.doi.org/10.24843/ujlc.2020.v04.i01.p01.

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To put it simply, the purpose of the Women’s Convention is to end discrimination on the basis of sex. The inclusion of Article 5, paragraph (a), which focuses on fixed gender roles that get in the way of that goal, provides one of the ways in which they aim to do so. State parties cannot hide behind their respective traditions or customs as to why the realisation of International Human Rights ultimately depends on gender. A question that arises is what does this mean for States in terms of concrete obligations. This article aims to provide an answer to that question by exploring Article 5 (a)

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Papadopoulos, Ioannis, and Marijke Van Buggenhout. "Giving voice to migrant children during reception and asylum procedures. Illustrations on the implementation of Art. 12 CRC in Greece and Belgium." Revista Española de Investigación Criminológica 18, no. 2 (2020): 1–23. http://dx.doi.org/10.46381/reic.v18i2.347.

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According to a children’s rights’ approach, asylum-seeking children are entitled to special protection. However, reality dictates that as soon as they enter a host country irregularly, they are often criminalised, thus becoming part of the crimmigration debate and as a result they are further deprived of basic human rights including the right to be heard, as enshrined in the UN Convention on the Rights of the Child. This paper starts from a discussion on the fact that children on the migratory pathway need to be granted a central and active role in research, especially in times when new theore

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Hudson, Ben. "Asylum Marginalisation Renewed: ‘Vulnerability Backsliding’ at the European Court of Human Rights." International Journal of Law in Context 20, no. 1 (2024): 16–34. http://dx.doi.org/10.1017/s1744552323000332.

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AbstractIt is now over ten years since the European Court of Human Rights (ECtHR or Court) first established that asylum seekers are inherently and particularly vulnerable on account of their very situation as asylum seekers. This occurred in its Grand Chamber judgment in the case of M.S.S. v Belgium and Greece. This article critically examines the Court’s subsequent asylum jurisprudence through the lens of vulnerability. The analysis reveals that the Court has engaged in ‘vulnerability backsliding’. Specifically, it traces the ways in which the Court has surreptitiously reversed the very prin

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Chornenka, D. S. "Legal regulation of human somatic rights: transplantation of human organs and biological tissues in Ukraine and foreign countries." Analytical and Comparative Jurisprudence, no. 1 (March 20, 2024): 248–52. http://dx.doi.org/10.24144/2788-6018.2024.01.43.

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The article examines the problems of legal regulation of transplantation of organs and tissues of the human body in Ukraine and foreign countries. Emphasis is placed on legal and ethical difficulties arising in the field of transplantology. It is noted that the right to «mechanize the body» has a number of specific features, namely: the specific nature of the object of these rights - the human body, which is the object of property rights and currently has mainly a monetary value expression; natural dependence on knowledge of biology, genetics, medicine, technology. Their existence and implemen

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KOSTENKO and GHAZIANI. "Admissibility of illegally obtained e-evidence: A critical study of EU law and the precedents of the European Court of Human Rights/Ammissibilità delle prove elettroniche ottenute illegalmente: uno studio critico del diritto dell’UE." European Journal of Privacy Law & Technologies, no. 2 (2024): 205–20. https://doi.org/10.57230/ejplt242ovkvag.

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Whether illegally obtained evidence should be deemed inadmissible is a question that many jurisdictions still struggle with. In this regard, there is no internationally accepted standard that orients national jurisdictions in detaching valid from invalid evidence. This study focuses on the two-fold legal systems practiced within EU law and that of the European Court of Human Rights in order to identify their points of disagreement and to approximate the two systems. The outcomes suggest that the GDPR has not provided any balancing guidance for inconsistent fundamental rights; therefore, EU mem

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Farrant, James. "Is the Extra-territorial Application of the Human Rights Act Really Justified?" International Criminal Law Review 9, no. 5 (2009): 833–54. http://dx.doi.org/10.1163/156753609x12507729201435.

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AbstractThe question of whether the Human Rights Act can apply outside the UK has exercised English appellate courts in a number of recent cases. The European Court of Human Rights in Strasbourg has also dealt with the question of extra-territoriality in respect of the European Convention on Human Rights, most notably in the case of Bankovic v Belgium. This article considers whether, as a matter of strict construction, there can be extra-territorial application of the Act and/or the Convention. It goes on to consider some particular circumstances where extra-territorial application has been fo

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Naudts, Kris H., Paul Cosyns, Tim McInerny, Kurt Audenaert, Frédérique van den Eynde, and Cees Van Heeringen. "Belgium and its internees: a problem for human rights and a stimulus for service change." Criminal Behaviour and Mental Health 15, no. 3 (2005): 148–53. http://dx.doi.org/10.1002/cbm.1.

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Alen, André, and Kristien Henrard. "The Potential Relevance of Belgian Minority Protection for South Africa." Res Publica 40, no. 1 (1998): 41–58. http://dx.doi.org/10.21825/rp.v40i1.18567.

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This paper focusses on the Belgian constitutional and legal regulations which are clearly and relatively directly linked to minority protection as welt as their relevance for South Africa by way of analogy, taking into account South Africa's specific circumstances.Generally, what seems to be highly relevant for South Africa is the different kind of solutions in Belgium for its three categories of minorities as related to a different degree of territorial concentration. Going from an emphasis on territorial federalism, providing autonomy, for the highly territorial concentrated linguistic group

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Balcerzak, Michał. "Euthanasia and Withdrawal of Life-Sustaining Treatment in the Case-Law of the European Court of Human Rights: Twenty Years After Pretty v. United Kingdom." PRAWO i WIĘŹ, no. 3 (46) (November 17, 2023): 115–32. https://doi.org/10.36128/priw.vi46.699.

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The author focuses on the case law of the European Court of Human Rights in two sensitive areas related to the end of human life, notably euthanasia and the withdrawal of life-sustaining treatment (passive euthanasia). These highly controversial issues required the Court to answer crucial questions regarding the scope and essence of the obligations of state parties under Article 2 (the right to life) and Article 8 (the right to respect for private and family life) of the European Convention on Human Rights. Over twenty years ago, in Pretty v. United Kingdom (2002), the concise formulation of A

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Brems, Eva. "Addressing Multicultural Conflicts: An emphasis on procedural fairness." Deusto Journal of Human Rights, no. 2 (January 31, 2018): 13–47. http://dx.doi.org/10.18543/djhr-2-2017pp13-47.

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This paper examines the procedural fairness dimensions of approaches to multicultural conflicts. The paper explains the findings of procedural fairness research in social psychology and explores its relevance for the field of (human rights) law, and for the setting of multicultural conflicts. It argues that there are strong reasons in favour of seeking to optimize procedural fairness —with its criteria of participation, trustworthiness, neutrality and respect— across all types of procedures that address multicultural conflicts. The paper illustrates these criteria through three reallife cases,

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Franken, Leni, and François Levrau. "Godsdienstvrijheid en covid-19 in Belgie en Nederland." Religie & Samenleving 16, no. 2 (2021): 176–97. http://dx.doi.org/10.54195/rs.11469.

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Face masks, curfew, quarantine, tele-working and social contact restrictions, these are just a few of the many measures that have been taken by the Belgian and Dutch Governments in order to avoid a further spread of the covid-19 pandemic. One of the most contested measures in both countries was the (absence of a) legal restriction of religious practices: while religious groups in the Netherlands were, in the name of religious freedom, not obliged to follow the restrictions that were imposed on other organizations (e.g. sport clubs, youth movements, cultural organizations), this was different i

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