Loyalitätsobliegenheiten und Grundrechte

2021 ◽  
Author(s):  
Kai Morgenbrodt
Keyword(s):  
Case Law ◽  
Fundamental Rights ◽  
Self Determination ◽  
Religious Communities ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Labour Standards ◽  
The Right ◽  
Fair Balance

This thesis analyses dismissals of church employees from a European perspective. Based on ECHR and EU law, the author develops an approach that balances the right of self-determination of religious communities with the fundamental rights of employees. At the heart of this approach sits the function of the employee in the employer’s religious sending. Against this background, the German Constitutional Court’s case law is challenged. It fails to strike a fair balance between the conflicting constitutional interests. Moreover, it structurally fosters discrimination, undercuts the minimum level of human rights protection and offers inadequate solutions for labour standards in religious communities in times of a religiously pluralised society.

Auf der Suche nach dem kirchenpolitischen System der Reichsverfassung

2020 ◽  
Vol 106 (1) ◽  
pp. 50-69
Author(s):  
Heinrich de Wall
Keyword(s):  
The State ◽  
Self Determination ◽  
Religious Communities ◽  
Public Corporations ◽  
State Supervision ◽  
German Constitution ◽  
Academic Discussion ◽  
Church Law ◽  
The Right

AbstractIn search of the system of the state-church relation in the German Constitution – the academic discussion about state church law in the period of Weimar. The academic discussion during the period of Weimar about the state-church relation as it was adjusted by the German Constitution lasted only thirteen years. Among many other themes it focussed on the right of self-determination of religious communities and its limits, on the churches’ status as public corporations, and on the extent of state supervision over the churches. Summarizing these topics, the question how the “system of church politics of the constitution” could be defined was widely discussed. As the state-church regulation was the result of a compromise between fundamentally opposing positions, it was hardly possible to find a summarizing term for this concept. The formulations which were proposed clearly reflect this difficulty. Irrespective of this, the Weimar discussion developed principles of the state church law which are still valid.

Part Three Protection and Solutions, VI Focusing on Specific Rights

2020 ◽  
Author(s):  
Albanese Francesca P ◽  
Takkenberg Lex
Keyword(s):  
International Law ◽  
Fundamental Rights ◽  
Self Determination ◽  
Humanitarian Law ◽  
Human Beings ◽  
Mena Region ◽  
Cultural Economic ◽  
Palestinian Refugees ◽  
The Right

This chapter focuses on a number of specific rights and entitlements of Palestinian refugees under international law, including the rights to self-determination, return, and compensation, as well as a number of civic, cultural, economic, political, and social rights, relevant because of the protracted nature of Palestinians’ exile and the main vulnerabilities to protection threats, as discussed in Part II. Despite being firmly established in international law, and being reaffirmed multiple times by the United Nations, both the right to self-determination of the Palestinian people, and the right to return and compensation of the refugees, remain unmet. This is largely because of the lack of a solution in accordance with international law. The chapter argues that recognizing other fundamental rights of the Palestinians as refugees, stateless persons, and/or protected persons under international humanitarian law, and above all, as human beings, does not undermine the right to return and rather helps ensure human dignity while a just and lasting solution remains pending. These rights remain an important benchmark for assessing the treatment of Palestinian refugees in the MENA region and beyond, for as long as the more fundamental rights to self-determination, return, restitution, and compensation remain unrealized.

A Case-Law Study of the Truth as Human Right

Global Jurist ◽  
2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Luis Castillo-Córdova ◽  
Susana Mosquera-Monelos
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Focus Attention ◽  
Human Right ◽  
Human Rights Protection ◽  
Rights Protection ◽  
International Recognition ◽  
Human Good ◽  
The Law ◽  
The Right

AbstractWe consider the right to the truth an essential human right that should be recognized and guaranteed by the Law. Allowing all humans access to the truth is a human good permitting the achievement of a higher degree of human perfection and realization and, consequently, there are strong reasons to affirm that the Law should recognize and guarantee as much as possible access to the truth. Considering that it has been the international recognition of the right to the truth which has provided the basis for domestic regulations it is logical that we should focus attention on the international sphere of human rights protection and it is for this reason that we have carried out a case-law method investigation to describe the concept of “the right to the truth”.

The Right to Invoke Rights as a Limit to Sovereignty – Security Interests, State of Emergency and Review of un Sanctions by Domestic Courts under the European Convention of Human Rights

2017 ◽  
Vol 86 (3) ◽  
pp. 275-301 ◽  
Author(s):  
Stefan Kadelbach ◽  
David Roth-Isigkeit
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Public Security ◽  
State Of Emergency ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Independent Review ◽  
The Right

Recently, human rights law has been restricted increasingly by measures taken in the interest of public security. This raises the question whether there are limits in human rights protection that cannot be touched without questioning the very essence of individual rights protection itself. This article submits that the jurisprudence of the European Court of Human Rights (ECtHR) in cases dealing with the compatibility of measures taken in the public interest with the echr has defined such limits predominantly in terms of procedure. Accordingly, individuals must not be deprived of the right to independent review in the light of their fundamental rights. Thus, the Court has been developing what may be called a right to invoke rights, a procedural component underlying all guarantees of the Convention. This principle has been established and upheld in three different constellations: general measures for public security, states of emergencies and the implementation of un sanctions regimes.

Human Rights Protection and Traditional Churches in the System of National Cooperation in Hungary

2018 ◽  
Vol 13 (3) ◽  
pp. 245-269
Author(s):  
Júlia Mink
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Religious Communities ◽  
Right To Education ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legislative Framework ◽  
Fundamental Law ◽  
The Right ◽  
Constitutional Changes

Abstract Hungary adopted its new Fundamental Law and new legislative framework on the legal status of churches, religious denominations and religious communities in 2011, as part of a number of constitutional changes leading to the dismantlement of democracy, rule of law and human rights protection. In relation to the new legislative framework of state-church relations, much assessment so far focused on how the installment of a “pluralist system of state churches” led to an institutional and partly moral establishment, jeopardizing and curtailing the religious freedom of non-established religious denominations. However, it has been less investigated how the “pluralist system of state churches” and related constitutional changes affected a number of human rights (e.g. the right to private and family life or the right to education) and the position of traditional churches, especially, in view of their autonomy. The paper intends to show that the close entanglement of the state and its traditional churches led to the deterioration of the protection of a number of human rights while it also undermined the autonomy of these churches.

End of Life Decisions and Pregnant Women: Do Pregnant Women Have the Right to Refuse Life Preserving Medical Treatment? A Comparative Study

2010 ◽  
Vol 17 (5) ◽  
pp. 485-505 ◽  
Author(s):  
Christophe Lemmens
Keyword(s):  
Pregnant Women ◽  
End Of Life ◽  
Case Law ◽  
Fundamental Rights ◽  
Self Determination ◽  
Bodily Integrity ◽  
End Of Life Decisions ◽  
The Subject ◽  
Life Decisions ◽  
The Right

AbstractIn this article the practice of end of life decisions is applied to pregnant women. This is not an easy task as shown by the extensive case law and literature on the subject. The main conclusion of the article is that the pregnant woman's wishes should always be respected whatever the consequences for the foetus may be. Another position would unjustly sacrifice the woman's fundamental rights to bodily integrity and self-determination for the benefit of a non-person. The result is repeated in the situation where the woman is found to be incompetent or brain dead.

scholarly journals Sports in the Case-Law of the European Court of Human Rights

2019 ◽  
Author(s):  
Jakub Czepek
Keyword(s):  
Human Rights ◽  
International Law ◽  
Case Law ◽  
Council Of Europe ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Point Of Interest ◽  
European Court ◽  
Degrading Treatment ◽  
The Right

Sport has been an object of interest of international law on several occasions. It has also been a point of interest of regional human rights protection, for example within the legal system of Council of Europe. Recently, the European Court of Human Rights has developed its case-law concerning sport-related issues, such as football supporters related violence and prevention of events of hooliganism, anti-doping related issues or fairness of proceedings before The Court of Arbitration for Sport (CAS) in Lausanne or the protection of professional athletes’ rights in the context of anti-doping requirements. The article focuses on the ECtHR case-law relating to sport within the meaning of the  right to life (art. 2 of the ECHR), prohibition of torture of inhuman or degrading treatment or punishment (art. 3 of the ECHR), right to liberty and security (art.5 of the ECHR), right to a fair trial (art.6 of the ECHR) or right to protection of private and family life (art.8 of the ECHR).

scholarly journals Current challenges in the field of human rights protection during the covid-19 pandemic

2021 ◽  
pp. 61-64
Author(s):  
M.I. Saenko ◽  
V.V. Goloborodko ◽  
V.S. Pleskachova
Keyword(s):  
Human Rights ◽  
Public Transport ◽  
Emergency Situation ◽  
Case Law ◽  
European Convention ◽  
Public Buildings ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Right

In the articles on the problems of quarantine restrictions during the coronavirus pandemic, ambiguities are identified against epidemiological measures in the legislation of Ukraine. Emphasis is also placed on the violation of international acts ratified by Ukraine and the inconsistency of norms in national and international law. The normative legal acts of Ukraine are considered, which propose to allow restriction of certain rights and freedoms of man and citizen. The fundamental aspects of the right to protection from pressure on a person, enshrined in the European Convention on Human Rights during an emergency, have been identified. The key cases that provide an opportunity to derogate from an emergency situation under Article 15 of the European Convention on Human Rights are listed. Emphasis is placed on the ambiguity of the wording of the terms «public buildings», «public transport» in terms of violation of the rules on human quarantine, sanitary and hygienic, sanitary and anti-epidemic rules and regulations provided by the Law of Ukraine «On Protection of Infectious Diseases» and stay in public buildings, structures, public transport during quarantine without wearing personal protective equipment. An example from case law on the prescribed restrictions is given based on both interpretations of European and all-Ukrainian law. It was emphasized that the main act, which has the highest legal force on the territory of Ukraine, was violated in terms of freedom of movement, the right to hold rallies, the right to education and work. The normative legal act concerning restrictions within Ukraine in connection with the pandemic was analyzed, namely the Resolution of the Cabinet of Ministers of March 11, 2020 №211 “On prevention of the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV- 2 ”, as well as international experience in the protection of human rights during the COVID-19 pandemic.

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