scholarly journals MEDICAL ASPECTS OF VIOLATION OF THE RIGHT TO LIFE IN THE CONTEXT OF THE EUROPEN COURT OF HUMAN RIGHTS CASE LAW

2020 ◽  
Vol 73 (12) ◽  
pp. 2785-2788
Author(s):  
Olga M. Voloshchenko ◽  
Olena A. Ustymenko
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Case Law ◽  
Medical Services ◽  
Right To Life ◽  
Legal Doctrine ◽  
European Court ◽  
Legitimate Interests ◽  
The Right ◽  
The Relationship

The aim: The purpose of the paper is to raise awareness of the medical services subjects in the issues of establishment of the relationship between their activities and harm to patients, analysis of the case law of the ECHR and provision of practical recommendations for the prevention of violations of Art. 2 of the Convention with subsequent compensation for non-pecuniary and pecuniary damage. Materials and methods: The authors used the judgements of the European Court of Human Rights (ECHR) on medical research, international regulatory acts, publications of scholars in the field of medical law and legal doctrine in terms of liability of medical services providers for the violation of Art. 2 of the Convention. Conclusions: Aiming to ensure proper legal protection of the rights and legitimate interests of subjects of medical care, the authors have developed recommendations on how to prevent cases of violation of the right to life during the provision of medical services.

THE RIGHT TO AN INTIMATE, FAMILY AND PRIVATE LIFE IN THE JURISPRUDENCE OF THE EUROPEAN COURT ON HUMAN RIGHTS

2021 ◽  
pp. 142-151
Author(s):  
Iulia Butnaru ◽  
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
Psychological Traits ◽  
European Court ◽  
The Family ◽  
Legitimate Interests ◽  
The Right

Privacy often conflict with other rights and legitimate interests, at which is the question of establishing its boundaries. Obviously there are no clear limits beyond which an infringement must be regarded as permissible. Private life is a concept with an extensive interpretation, which includes different spheres of the person’s life, as demonstrated by the jurisprudence of the European Court of Human Rights. What is certain is that each person has their own opinion about the extent of privacy and this impression depends on the psychological traits of the person concerned, but also on the traditions and customs that exist in a society at a certain historical stage. The utility of the case law of the European Court of Human Rights in the protection of private life and the family is that it provides precise criteria to be applied by judges to determine whether the complaint submitted under Article 8 of the Convention European Human Rights is one valid.

scholarly journals Right to abortion in modern law and in the practice of the European Court of Human Rights

2021 ◽  
pp. 159-170
Author(s):  
Majida Lubura
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Right To Life ◽  
Human Right ◽  
Safe Abortion ◽  
Human Rights Protection ◽  
European Court ◽  
Scientific Disciplines ◽  
The Right

A basic human right - the right to life, even today faces numerous questions when it comes to its scope. One of those questions is the issue of the right to abortion, which is the subject of numerous controversies among lawyers, philosophers, medical workers, theologists, as well as among citizens in the broadest sense. Debates that exist in various scientific disciplines indicate the complexity of these issues that needs to be legally regulated at the domestic and international level. For that reason, it is necessary to follow and study the judgments of international bodies that have been passed in connection with this issue. As the most developed system of Human Rights protection has been established within the European Convention on Human Rights, and at the same time the most relevant for our country, in this paper the author studies the current practice of the European Court of Human Rights related to the right to abortion. It is evident, from the case law presented in this paper that the Court had a very delicate and difficult task to balance between diametrically opposing rights and interests of various interested parties. The Court's judgments show a consensus only regarding the question of the existence of the right to abortion in cases where the right to life and health of women is endangered. Opponents of abortion claim that in this case, it is not the right to abortion, but the right to life of a woman and that only then an abortion is allowed and justified to be performed, as well as that it is a conclusion that can be deduced from the Court's case law. However, the author of this paper believes that even though the practice of the court is quite neutral, it still tends more towards granting the right to safe abortion.

scholarly journals Can the Polynesian Languages be Used in the Proceedings of the Assembly of French Polynesia?

2011 ◽  
Vol 42 (2) ◽  
pp. 299
Author(s):  
Alain Moyrand
Keyword(s):  
Human Rights ◽  
Case Law ◽  
French Polynesia ◽  
European Court ◽  
The Status ◽  
The Right ◽  
The Relationship ◽  
Polynesian Languages

In 2010 the European Court of Human Rights rejected a petition relating to the right to use a Polynesian language in the Assembly of French Polynesia. This article considers the relationship between the French Constitution and the Organic Law, relating to the status of French Polynesia, and the use of languages other than French in the proceedings of the Assembly of French Polynesia. The consequences of case law for the use of a Polynesian language in the Assembly of French Polynesia are also examined. The article concludes is that there is no right to use a Polynesian language in the French Polynesian Assembly, but that the use of Tahitian and other Polynesian languages is a long established practice of the Assembly and that their use in a number of limited cases does not render the proceedings in which they are used invalid.

scholarly journals THE PREVENTIVE DIMENSION OF THE PROTECTION OF THE RIGHT TO LIFE UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS

2019 ◽  
Author(s):  
Elzbieta Hanna Morawska
Keyword(s):  
Human Rights ◽  
Preventive Measures ◽  
Case Law ◽  
European Convention ◽  
Right To Life ◽  
Lethal Force ◽  
European Court ◽  
The Right

The aim of this article is pointing out to the process of redefining the nature, subject and structure of the obligations of States Parties to the European Convention on Human Rights in the field of the right to life (Article 2 of the Convention). The main author of the above redefinition is the European Court of Human Rights, hence it takes place during the interpretation and application of Art. 2 the Convention. As a result, in addition to primary negative obligations, the positive obligations are imposed on States. Strasbourg case law identifies a variety of positive measures that States are obliged to undertake in order to fulfill these positive obligations, including appropriate preventive measures. They are to prevent the materialisation of risks to the right to life, both in the case of threats from private individuals, as well as during the use of lethal force by State officials. The Court has not settled the precise catalog of these measures and the conditions for taking them. They are formulated case by case and are constantly being expanded. It can therefore be said that they are still in statu nascendi.

Human Rights and Reproductive Choices in the Case-law of Italian and European Courts

2014 ◽  
Vol 21 (2) ◽  
pp. 123-140
Author(s):  
Alessia Valongo
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
Assisted Conception ◽  
Human Right ◽  
Medical Treatments ◽  
European Court ◽  
Legal Nature ◽  
The Right ◽  
The Relationship

Abstract The major issues regarding human fertilisation and embryology are addressed in a comparative perspective and in the light of relevant rulings of the European Court for Human Rights: the relationship between artificial procreation and parental responsibilities, the legal nature of the unborn child, the human right to reproduce and to have a healthy child. The article focuses on the key data of the latest Italian regulation regarding assisted conception, especially compared with British law. Particular attention is paid to the contribution given by recent European decisions to the protection of new human rights. National and international judgements ensure the right to private life and to health that are not always guaranteed by law. Converging developments in case-law panorama make the right to have children, to responsible procreation, to information about medical treatments, much less disharmonic realities than the Member States legislation suggests.

scholarly journals FREEDOM OF EXPRESSION AND THE RIGHT TO RESPECT FOR PRIVATE LIFE

2021 ◽  
Vol 70 (4/2020) ◽  
pp. 249-265
Author(s):  
Goran Ilic
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
European Court ◽  
The Right ◽  
The Relationship

The paper analyzes the relationship between freedom of expression and the right to respect for honour and reputation. It was pointed out the importance that is given to freedom of expression nowadays, and it was especially considered the practice of the European Court of Human Rights. On that occasion, the difference that exists between public and private personalities was pointed out, as well as the doubts that may arise from the distinction between factual statements and value judgments. When it comes to the right to privacy, the author referred to the importance of honour and reputation, and on that occasion reminded of the “double” presence of these values. In one case it is Art. 10 of the European Convention on Human Rights, and in another the case law of the European Court of Human Rights regarding the meaning of the term of the right to privacy from Art. 8 of the European Convention on Human Rights. Solutions in domestic law and case law are analyzed, and special attention is paid to one case in which the relationship between freedom of expression and violation of honor and reputation was discussed. The specificity of this situation is reflected, inter alia, in the fact that we are talking about university professors. The author used the normative, comparative and historical method when writing the paper.

Defining Roma Identity in the European Court of Human Rights

2012 ◽  
Vol 19 (3) ◽  
pp. 291-316 ◽  
Author(s):  
Doris Farget
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Case Law ◽  
Way Of Life ◽  
European Court ◽  
Wide Range ◽  
Roma People ◽  
People First ◽  
Definition Of ◽  
The Right

This article is an evaluation based on a selection of the European Court of Human Rights’ case law concerning Roma people, namely the three main decisions dealing with the right to a Gypsy way of life. In those cases, the Court interpreted the right to respect for private and family life as giving rise to a ‘positive obligation to facilitate the Gypsy way of life’. This obligation involves a definition of Roma identity and reveals that the Court’s position, founded on specific perceptions of Romanity is restrictive, distorted and stereotyped. Indeed, regarding this European legal protection, I wonder whether the legal conception of Roma identity conveyed by the Court is relevant, since it does not always accord with sociological or anthropological studies on that topic, taking into account a constructivist approach of identity, nor with the description of a wide range of members of that people. First, this article aims at underlying which stereotypes dealing with Roma identity are involved in the Court’s discourse. Second, it shows how these ‘manipulated conceptions’ are fed by the arguments of Roma applicants and those of the respondent State.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

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