scholarly journals Wybrane zagadnienia dotyczące zwalczania terroryzmu w kontekście prawa do rzetelnego procesu

2019 ◽  
pp. 163-179 ◽  
Author(s):  
Magdalena Matusiak-Frącczak
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
International Peace ◽  
Criminal Proceedings ◽  
Targeted Killing ◽  
Human Rights Protection ◽  
Judicial Control ◽  
Rights Protection ◽  
Peace And Security ◽  
The Right

Terrorism is nowadays one of the biggest threats to international peace and security. Nevertheless, its combatting must be compatible with the requirements of human rights protection, including the right to a fair trial. First the article discusses procedural guarantees of suspects of terrorist crimes in criminal proceedings. Then the article deliberates the aspects of judicial control of targeted sanctions. The next part will constitute the exploration of the legal professional privilege in the discussed area. Finally, the article will discuss the judicial control of targeted killing. The aim of the article is to prove that actually the right to a fair trial and the procedural guarantees enshrined therein constitute a guarantee to other human rights.

scholarly journals THE RIGHT TO A FAIR TRIAL IN PROCEEDINGS CHALLENGING THE MINUTES OF DISPUTING CONTRAVENTIONS

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Adriana-Florina Bălăşoiu
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
Criminal Proceedings ◽  
The Right

The offenses field is assimilated to the criminal one from the perspective of theEuropean Court of Human Rights, in the sense of article 6 of the Convention, the personaccused of committing an act regarded in national law as an offense must benefit from theguarantees specific to criminal proceedings.

scholarly journals THE ROLE OF THE GENERAL SUBJECTS OF HUMAN RIGHTS PROTECTION DURING COVERT INVESTIGATIVE (SEARCH) ACTIVITIES (ACTIONS)

2021 ◽  
pp. 21-30
Author(s):  
А. А. Коваль
Keyword(s):  
Human Rights ◽  
Foreign Policy ◽  
Key Words ◽  
Public Administration ◽  
State Policy ◽  
Criminal Proceedings ◽  
Key Words Human ◽  
Human Rights Protection ◽  
Rights Protection

This article analyzes the system of state bodies and officials who are more or less authorized (obliged) to ensure human rights, including in the conduct of covert investigative (search) actions. According to the tasks performed by each of such subjects, they are divided into two groups: general (those that determine the basis of domestic and foreign policy of the state and public administration strategy, have relevant coordination powers and solve constitutional and legislative strategic tasks in the specified area, or implement state policy in this direction, one of the powers of which is to approve or ensure human rights) and special (subjects of criminal proceedings who are directly involved in the appointment, conduct, and evaluation of the results of the CISA, and who are charged with the protection, protection (enforcement) of human rights in criminal proceedings, including the CISA. Key words: human rights, covert investigative (search) actions, guarantees of rights and freedoms, court investigative judge, participants in criminal proceedings.

scholarly journals The Rights of Intersex Persons to Establish a Family under Albanian Law. Practice of the ECHR

2015 ◽  
Vol 5 (2) ◽  
pp. 137
Author(s):  
Dr.Sc. Jorida Xhafaj
Keyword(s):  
Human Rights ◽  
Family Relationships ◽  
Family Life ◽  
National Legislation ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Provisions ◽  
European Court ◽  
Definition Of ◽  
The Right

identity is the way in which a person is self-identified with a gender category, as for example to be female or male, or in some cases intersex, which is none of the distinguishable biological sexes. In principal, intersex persons are part of the society with their rights and obligations, which are not the same with those of the other members of society, in special areas of life.This paper aims to treat the right of intersex persons to marriage and to establish a family. The paper begins with an overview of definition of intersex persons, their rights, and focuses primarily on the right to establish a family.The right for a family life has found protection in the Albanian national legislation. The Constitution of theRepublicofAlbaniaof 1998 in its Article 53 stipulates that "everyone has the right to marry and have a family" establishing the principle of equality before the law, closely linked to the principle of non-discrimination. The legal provisions set a controversial position on the right to get married and to establish family relationships of the intersex persons, which is based on different arguments.For the purposes of the research, we aim also to compare the national legislation with the European principles and practice of the European Court of Human Rights (hereinafter referred as ECHR). The paper also includes the opinions and recommendations of Albanian institutions, as well as those of foreign ones, mainly European, in the area of human rights protection, and especially regarding the rights of the intersex persons.

scholarly journals A Brief Analysis on Human Rights from Hannah Arendt’s Criticism

2018 ◽  
Vol 28 (1) ◽  
pp. 95
Author(s):  
Janilce Silva Praseres ◽  
Marcelo Ramos Saldanha
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Hannah Arendt ◽  
Ethical Values ◽  
Legal Systems ◽  
Right To Life ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Individual ◽  
The Right

Abstract: human rights are a set of ethical values whose purpose is to protect and enable the realization of human dignity in its various dimensions and also prevent the reduction of the individual to the condition of object or, above all, the reduction of his condition as subject of rights, such as the right to life, freedom, security, equality. The universal character of human rights protection demonstrates some weaknesses, especially in the transposition into concrete legal systems, so what we propose is a brief analysis of human rights from Hannah Arendt.Uma Breve Análise Acerca dos Direitos Humanos a partir da Crítica de Hannah ArendtResumo: os direitos humanos são um conjunto de valores éticos que têm por finalidade proteger e possibilitar a realização da dignidade humana em suas várias dimensões e, ainda, impedir a redução do indivíduo à condição de objeto ou, sobretudo, a diminuição da sua condição na qualidade de sujeito de direitos, a exemplo o direito à vida, à liberdade, à segurança, à igualdade. O caráter universal de proteção aos direitos humanos demonstra algumas fragilidades, principalmente, na transposição para ordenamentos jurídicos concretos, assim, o que propomos é uma breve análise acerca dos direitos humanos a partir de Hannah Arendt.

scholarly journals CIVIL CLAIM IN A CRIMINAL PROCEEDING IN UKRAINE AS A MEANS OF GUARANTEE AND PROTECTION OF INDIVIDUALS’ RIGHTS

2020 ◽  
pp. 174-177
Author(s):  
O. A. Tymoshenko
Keyword(s):  
Human Rights ◽  
Justice System ◽  
National Level ◽  
The State ◽  
Criminal Proceedings ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Courts ◽  
Technical Requirements ◽  
European Court

The article deals with analyzing the state of the civil claim scientific research in criminal proceedings in Ukraine and summarizing it. It was determined the relevance of scientific rethinking of the phenomenological foundations of a civil claim in criminal proceedings. It is proved that the importance of the mechanism of criminal justice has the issue of legal support of the institute of civil claim, as an important component of guaranteeing and protecting the rights and freedoms of citizens. First of all, this is explained by the importance of a civil claim in criminal proceedings, its actual role that a civil claim plays in the justice system, ensuring the protection of the violated rights of citizens. On the basis of the state critical analysis of a civil claim legal support in criminal proceedings in Ukraine, it was determined its components and given their characteristics, which include: 1) the subjective component of the legal relations relating to civil claim in criminal proceedings in Ukraine; 2) the procedural issues of filing and considering a civil claim; 3) legal and technical requirements relating to the form and content of the civil claim. It was made and justified the provisions concerning the prospects of improving the civil claim mechanism functioning in criminal proceedings in Ukraine. Transformation of scientific understanding and practical perception of civil claim in criminal proceedings as a means of securing and protecting human rights and freedoms has been proved, on the basis of which the directions of improving the functioning of the said legal institute in Ukraine are distinguished, namely: 1) enhancing the role and importance of the European Court of Justice’ s activities human rights in extending his practice to litigation in criminal proceedings in Ukraine; 2) strengthening the mechanisms of human rights protection at the domestic (national) level in accordance with the requirements of international law, which are a component of civil claim in criminal proceedings; 3) improve the procedure for enforcement of the decisions of the national courts of Ukraine in the part related to civil claim in criminal proceedings, etc.

Liberalism in International Trade, Illiberalism in Domestic Economic Governance and Human Rights Protection in the Context of the WTO

2016 ◽  
Vol 15 (1) ◽  
pp. 238-248
Author(s):  
Vladislav Mulyun
Keyword(s):  
Human Rights ◽  
International Trade ◽  
Fair Trial ◽  
Economic Governance ◽  
Human Right ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Private Actors

This analysis focuses on one aspect of liberalism – the fundamental human right to fair trial – and discovers the possibility for private actors to protect domestically their (human) rights violated by infringements of WTO commitments. In the course of the discussion of relations between the issues of human rights protection and WTO States obligations several dimensions can be revealed.

ANONIMNI SVEDOCI I ZAŠTITA LjUDSKIH PRAVA

2021 ◽  
pp. 277-296
Author(s):  
Veljko Turanjanin ◽  
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
Step Test ◽  
European Convention ◽  
Criminal Proceedings ◽  
National Legislation ◽  
European Court ◽  
The Right ◽  
Insufficient Knowledge

Тhe author deals with the problem of anonymous witnesses in the context of the right to a fair trial in the jurisprudence of the European Court of Human Rights. One of the problems in the application of Article 6 of the European Convention on Human Rights is related to the testimonies of anonymous witnesses in criminal proceedings. The case law of the European Court of Human Rights has developed certain criteria that must be followed in national legislation, but it is obvious that there is insufficient knowledge regarding this problem, as well as the reluctance to apply the mentioned rules. The standards developed by the ECtHR are very important for national laws and jurisprudence. The author explains the development of a three-step test that needs to be examined when assessing a violation of the right to a fair trial, through an analysis of a multitude of judgments, in order to provide guidance on the application of Article 6 § 3 (d) of the European Convention on Human Rights. After introductory considerations, the author explains who can be a witness under the Convention, since this question is raised independently of national legislation, and then explains the right to examine witnesses, the admissibility of testimonies by anonymous witnesses and the examination of the three-stage test, and gives concluding remarks.

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