FREEDOM OF CONSCIENCE AND RELIGION IN THE DOCUMENTS OF THE COUNCIL OF EUROPE – SELECTED ISSUES

Author(s):  
BARTOSZ HORDECKI ◽  
Religions ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 108
Author(s):  
Nataliya S. Semenova ◽  
Ekaterina V. Kiseleva ◽  
Aleksandr M. Solntsev

To date, various international treaties have been adopted at the universal and regional levels, guaranteeing the protection of every person’s freedom of conscience and religion. Moreover, international monitoring mechanisms have been established to protect this human freedom within the framework of the UN, as well as various regional organizations (OSCE, Council of Europe, African Union). (1) In this article, the authors analyze these mechanisms and identify both positive practices and negative discriminatory practices against Christians—citizens of the states of the Global South. (2) The methodological basis of the study involves a combination of general scientific (dialectical, historical, inductive, deductive, analytical, synthetic) and particular scientific methods (formal–legal, comparative–legal, interpretative, statistical, procedural, and dynamic). (3) The use of these allowed the authors to identify a number of key problems in the indicated discourse and to draw conclusions. With regard to abortion, the authors conclude that current trend is that, in multiple and various ways, states are pressed to prioritize a woman’s right to life, a woman’s freedom of “reproductive choice” over a doctor’s right to freedom of conscience. The situation is similar with the prioritization of the so-called “rights” of LGBT persons in relation to the rights of believing Christians. Moreover, the authors pay much attention to the analysis of the situation of the prosecution and persecution of Christians in the countries of the Global South, especially in Africa. (4) In conclusion, it is noted that various instruments, both political and legal, have been established in international law which make it possible to identify facts of the violation of freedom of religion and call to account for such acts of discrimination, but they are not always effective.


2013 ◽  
Vol 13 (2) ◽  
pp. 27-50
Author(s):  
Fernando Arlettaz

Abstract The Parliamentary Assembly and the Committee of Ministers of the Council of Europe have been promoting the recognition of conscientious objection, mainly for military service but also in other domains, since the 1960s. However, for more than fifty years the precedents of the European Commission and the European Court of Human Rights repeatedly denied that conscientious objection could be found implicit in article 9 of the European Convention on Human Rights. In 2011 the Court changed its standpoint and energetically affirmed that conscientious objection, at least for military service, is a derivation of freedom of conscience and religion, and that European states are thus bound to incorporate it to their internal legislations.


2020 ◽  
pp. 444-457
Author(s):  
Lorena Milani

L'approccio che noi proponiamo alla questione della povertà educativa intreccia sia gli obiettivi dell'Agenda 2030 per lo Sviluppo Sostenibile (Onu, 2015) sia quella della Global Education (Council of Europe, 2019) e dei diritti dei minori dichiarati nella Convenzione sui diritti dell'infanzia e dell'adolescenza (Onu, 1989). In questa prospettiva, indagheremo la questione della povertà educativa in termini non solo di mancanza di opportunità, di deprivazione e di qualità della vita, ma anche come deprivazione morale, di orientamenti e prospettive di vita, di qualità della proposta educativa e dei valori insiti in essa. Partendo dalla situazione attuale generata della pandemia del coronavirus, offriamo una lettura delle ricadute sulle povertà materiali e sulla povertà educativa, considerando anche le povertà altre. La prospettiva viene costruita attorno alla centralità dell'etica e all'ipotesi di un nuovo paradigma: il PEL (Prodotto Etico Lordo) cui è associata l'educazione alla sobrietà. In questa logica, la Global Education diviene approccio pedagogico per promuovere l'educazione alla cittadinanza globale per una vita degna e una dignità educativa


Author(s):  
Chris Himsworth

The first critical study of the 1985 international treaty that guarantees the status of local self-government (local autonomy). Chris Himsworth analyses the text of the 1985 European Charter of Local Self-Government and its Additional Protocol; traces the Charter’s historical emergence; and explains how it has been applied and interpreted, especially in a process of monitoring/treaty enforcement by the Congress of Local and Regional Authorities but also in domestic courts, throughout Europe. Locating the Charter’s own history within the broader recent history of the Council of Europe and the European Union, the book closes with an assessment of the Charter’s future prospects.


2020 ◽  
Vol 10 (5) ◽  
pp. 59-75
Author(s):  
JAROSLAV KLÁTIK ◽  
◽  
LIBOR KLIMEK

The work deals with implementation of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into eight sections. The first section introduces restorative justice as a prerequisite of electronic monitoring in criminal proceedings. While the second section points out at the absence of legal regulation of electronic monitoring of sentenced persons at European level, the third section points out at recommendations of the Council of Europe addressed to European States. The fourth section analyses relevant alternative punishments in Slovak criminal justice. The fifth section introduces early beginnings of implementation of concerned system - the pilot project “Electronic Personnel Monitoring System” of the Ministry of Justice of the Slovak Republic. While the sixth section is focused on Slovak national law regulating electronic monitoring of sentenced persons - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments, the seventh section is focused on further amendments of Slovak national law - namely the Act No. 321/2018 Coll. and the Act No. 214/2019 Coll. The last eight section introduces costs of system implementation and its operation.


Author(s):  
Yaroslav Skoromnyy ◽  

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.


Author(s):  
Natal'ya Mihaylenko ◽  
Elena Bondar'

This article analyzes the concept of control over the activities of religious organizations. The authors focus on certain provisions of the Federal Law “On Freedom of Conscience and on Religious Associations”, for example, one of which contains the following subject of control — the conformity of the activities of religious associations with their statutory goals.


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