scholarly journals Arguments and Comments Presented during the Discussion of Dina Sõritsa’s Doctoral thesis The Health-care Provider’s Civil Liability in Cases of Prenatal Damages

2018 ◽  
Vol 27 ◽  
pp. 180-183
Author(s):  
André Dias Pereira
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Civil Liability ◽  
Comparative Law ◽  
Human Rights Law ◽  
Doctoral Thesis ◽  
The Public ◽  
The University

The paper presents the main topics that arose in the discussion of the doctoral thesis The Health-Care Provider’s Civil Liability in Cases of Prenatal Damages, presented at the facilities of the University of Tartu Faculty of Law by its author, Dina Sõritsa. These topics are briefly dealt with from a comparative-law perspective and with special attention to European human-rights law. The discussion articulates and proceeds from the opinions the author presented as designated opponent for the public defence of the dissertation.

Human rights restrictions during the COVID-19 pandemic in Poland and Russia. Legal and comparative aspects

2021 ◽  
Vol 2(24) ◽  
pp. 323-340
Author(s):  
Marta Pietras-Eichberger
Keyword(s):  
Public Health ◽  
European Union ◽  
Human Rights ◽  
Public Interest ◽  
The European Union ◽  
Human Rights Law ◽  
The Public ◽  
Safety And Health ◽  
Research Problems ◽  
The Impact

The study analyzed selected issues related to the scope of human rights and freedoms during the COVID-19 pandemic in Poland and Russia. The author wanted to compare the regulations issued by a Member State of the European Union and a country outside the European Union, often using undemocratic methods of exercising power. The work focuses on research problems related to the principles of protection, the confrontation of individual interests with the public interest, and the impact of the regimes introduced during the COVID-19 pandemic on human rights law in both countries. The thesis of the study is that in the event of a threat to public health, analogous restrictions on human rights are introduced both in an undemocratic country and in a country belonging to international structures identifying with democratic values. The state of the COVID-19 pandemic has exposed, and in some area even contributed to the creation of mechanisms reserved for crisis situations, posing a direct and real threat to public safety and health.

scholarly journals How to uphold a Human Right in the World and Indonesia? A Book Review Hukum Hak Asasi Manusia, Rahayu Hartini, Badan Penerbit Universitas Diponegoro, Semarang, 2015, 408 Pages, ISBN 978-979-70490-6-5

2021 ◽  
Vol 3 (1) ◽  
pp. 117-122
Author(s):  
Mohammad Yufi Al Izhar
Keyword(s):  
Human Rights ◽  
Class Group ◽  
Law Students ◽  
Human Beings ◽  
Human Rights Law ◽  
Human Right ◽  
The Public ◽  
The World ◽  
The Right

Human Rights are basically universal and their rights cannot be taken and revoked by anyone. This is interpreted no matter how bad a person's behavior, a person will still be considered as human as they should be, and will continue to have their rights as human beings, which means that their human rights are inherent and will always be permanently attached to him. Human Rights (HAM) are believed to be the right of life naturally possessed by every human being without exception and a special human thing such as class, group, or social level. Human Rights have basically been championed by humans in all parts of the world throughout the ages. The book written by Prof. Dr. Rahayu, which is very intended for both Faculty of Law students and non-Faculty of Law students, provides an answer to the doubts of the public regarding Human Rights that actually occur in Indonesia and internationally. She also explained the meanings of the struggle of each country that issued their public opinion in the interest of the International, this meant that something that happened in the international arena was certainly a collection of perceptions of settlement within a country. Therefore, Human Rights Law cannot be separated from the main supporting factors which are the material of the countries that make the agreement.

Human rights violations during the COVID-19 pandemic

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohammed R.M. Elshobake
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Freedom Of Expression ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Content Type ◽  
International Human ◽  
The Right

Purpose The purpose of this paper is to explore the most prominent human rights violations during the COVID-19 pandemic in accordance with international human rights law. Design/methodology/approach Through doctrinal and legal study and content analysis, this paper analyses the important relevant legal provisions under International human rights law and applies these provisions to the reality of managing the COVID-19 crisis to identify the most prominent human rights violations during the COVID-19 outbreak. This research paper considered as a review paper in that it provides a review of the most prominent measures taken during the COVID-19 crisis, which constitutes violations of international human rights law. Findings It is concluded that some measures that have been taken by countries to confront the COVID-19 pandemic have constituted violations of human rights and did not comply with the legal conditions to restrict human rights. Indeed, the COVID-19 pandemic has shown the ugly fractures in health-care systems, health inequities, racism and discrimination, Undermining the right to freedom of expression and the right to access information, gross negligence in protecting detainees from COVID-19 infection, all of these constitute clear violations of the principles of international human rights law. Research limitations/implications The spread of COVID-19 has not stopped, and its effects still continue, including human rights violations. Therefore, this paper cannot enumerate all human rights violations that occur during the spread of COVID-19. Practical implications Based on the results in this paper, governments need to be more prepared to face any health crisis at all levels including health care, which would reduce human rights violations. Social implications This research paper reflects positively on the social reality, as the adoption of its recommendations leads to the provision of adequate health care to all members of society in accordance with the principles of human rights, granting them the right to access information, protecting their right to freedom of expression, reducing the phenomenon of racism and discrimination and providing adequate health care to all detainees. Originality/value This paper studies an up-to-date topic that we are still living and seeing its effects. The benefit of this paper is to provide recommendations that protect human rights during the COVID-19 pandemic.

The Script in Action

2021 ◽  
pp. 241-280
Author(s):  
Richard Martin
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Final Section ◽  
Public Order ◽  
Human Rights Law ◽  
The Public ◽  
High Profile ◽  
Police Decision Making ◽  
Legal Challenges ◽  
Sales Pitch

This chapter examines how the public order script, explored in Chapter 6, was performed by commanders. It begins by exploring how commanders sought to sell the script to the parade and protest groups commanders sought to ‘win over’. If such groups could be won over with the PSNI’s pitch, the likelihood of disorder was greatly diminished, and commanders could better control the event. In some cases, however, the sales pitch proved unsuccessful; marchers and protestors proceeded with their own agendas. In such instances, commanders proved reluctant to intervene too forcefully, for reasons that will become clear. In two high-profile cases, the police approach to disorder has led to legal challenges, both of which reached the UK’s highest court. This introduces the second audience occasionally in receipt of the police script: the courts that must assess the internal self-application of human rights law by police. In their review of police decision-making in these cases, though, the senior judiciary have proven reluctant to interfere, showing deference to officers’ relative expertise, their access to intelligence and the exigencies of operational situations. The final section asks what role human rights law has come to play in managing the kinds of ‘trouble’ that Waddington (1994) identified over two decades ago as crucial to commanders’ decision-making.

2 Right to a Public Trial

2021 ◽  
Author(s):  
Clooney Amal ◽  
Webb Philippa
Keyword(s):  
Human Rights ◽  
National Security ◽  
Criminal Trial ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Public ◽  
Public Nature ◽  
International Human ◽  
The Right

This chapter examines the right to a public trial, which protects both the defendant in a criminal trial and the interests of society as a whole in having a fair system of open justice. Under international human rights law, the right requires that a criminal trial should be held in public and that the court’s judgment is pronounced publicly. However, the right to a public trial is not absolute. The right may, for instance, be limited by valid national security concerns, or to protect the interests of a child or victim of sexual assault. This chapter examines the circumstances in which international bodies have found that exceptions to the right to a public trial are justified, and the additional measures that may be required to ensure that a criminal trial remains fair when there are restrictions on the public nature of proceedings. right to fair trial

scholarly journals Judicial impartiality, decorative comparative law and the Human Rights Court: ECtHR, Alexandru Marian Iancu v. Romania, Application No. 60858/15

2020 ◽  
Vol 27 (3) ◽  
pp. 387-396
Author(s):  
Jaakko Husa
Keyword(s):  
Human Rights ◽  
Comparative Law ◽  
Case Note ◽  
Comparative Approach ◽  
Human Rights Law ◽  
European Court ◽  
Key Points ◽  
Rights Issues ◽  
Judicial Method

This case-note analyses the case of Alexandru Marian Iancu v. Romania, decided by the European Court of Human Rights in February 2020. The comment addresses two essential issues involved. The first issue concerns potential partiality of a judge who has been involved in overlapping proceedings. The second issue concerns the judicial method the Court uses in its reasoning. The note explains the background to the judgment, summarizing the facts leading to the judgment and the human rights issues before the Court. Then the proceedings before the Court and the Court’s decision are reviewed, before commenting on the judgment’s key points of significance for human rights law and use of comparative law as a part of human rights reasoning. The critical focus is on the comparative approach deployed by the Court.

scholarly journals The United Kingdom’s Coronavirus Act, deprivations of liberty, and the right to liberty and security of the person

2020 ◽  
Vol 7 (1) ◽  
Author(s):  
Jonathan Pugh
Keyword(s):  
Public Health ◽  
Human Rights ◽  
European Convention ◽  
Human Rights Law ◽  
Legal Certainty ◽  
The Public ◽  
European Court ◽  
The Uk ◽  
The Right ◽  
Article 5

Abstract In response to the SARS-CoV-2 coronavirus pandemic the UK government has passed the Coronavirus Act 2020 (CA). Among other things, this act extends existing statutory powers to impose restrictions of liberty for public health purposes. The extension of such powers naturally raises concerns about whether their use will be compatible with human rights law. In particular, it is unclear whether their use will fall within the public heath exception to the Article 5 right to liberty and security of the person in the European Convention of Human Rights. In this paper, I outline key features of the CA, and briefly consider how the European Court of Human Rights has interpreted the public health exception to Article 5 rights. This analysis suggests two grounds on which restrictions of liberty enforced some under the CA might be vulnerable to claims of Article 5 rights violations. First, the absence of specified time limits on certain restrictions of liberty means that they may fail the requirement of legal certainty championed by the European Court in its interpretation of the public health exception. Second, the Coronavirus Act’s extension of powers to individuals lacking public health expertise may undermine the extent to which the act will ensure that deprivations of liberty are necessary and proportionate.

In Lieu of a Travaux Préparatoires: A Commentary on the Kampala Convention for IDPs

2019 ◽  
Vol 31 (2-3) ◽  
pp. 349-378
Author(s):  
J O Moses Okello
Keyword(s):  
Human Rights ◽  
Public Domain ◽  
The Body ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Human Rights Law ◽  
Internally Displaced ◽  
The Public ◽  
Personal Involvement

Abstract The Kampala Convention was adopted on 23 October 2009 and came into force on 4 January 2013. The first binding international instrument for the protection and assistance of internally displaced persons, it occupies an important space among the body of African regional humanitarian and human rights law. The Convention addresses all stages of internal displacement and provides a framework for coordinating activities by governments and humanitarian actors aimed at preventing and addressing internal displacement. The Kampala Convention is the result of many years of work, although no formal records of its drafting and negotiation were kept. This article contributes towards addressing this gap. Based on the author’s personal involvement in the Convention’s drafting, and supplementing earlier research, this article shares information previously unavailable in the public domain and provides a commentary on some of the Convention’s provisions.

scholarly journals Disability Human Rights Clinics as a model for teaching Participatory International Human Rights Lawyering

2018 ◽  
Vol 25 (3) ◽  
pp. 23-52
Author(s):  
Yvette Maker ◽  
Jana Offergeld ◽  
Anna Arstein-Kerslake
Keyword(s):  
Human Rights ◽  
Legal Education ◽  
Law School ◽  
Law Students ◽  
Legal Analysis ◽  
Human Rights Law ◽  
Community Based ◽  
Scholarly Output ◽  
The University ◽  
New Generation

The Disability Human Rights Clinic (DHRC) was established at Melbourne Law School, the University of Melbourne, in 2015.  Its supervisors and students conduct legislative and policy reform projects as well as strategic litigation. The DHRC was created by Anna Arstein-Kerslake to address a significant lack of resources in community-based organisations to undertake in-depth legal analysis. It uses an innovative model of clinical legal education to harness the skills of law students to fill that gap and to expose a new generation of lawyers to the emerging field of disability human rights law. In this article, we draw on our experiences running the DHRC to argue that the model it establishes can create significant scholarly output in the human rights field, direct engagement with the community, and rich doctrinal and experiential learning for students.

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