scholarly journals Les langues officielles au Canada

2005 ◽  
Vol 20 (1-2) ◽  
pp. 69-93 ◽  
Author(s):  
Henri Brun ◽  
Guy Tremblay
Keyword(s):  
Human Rights ◽  
Controversial Issues ◽  
Federal Level ◽  
Provincial Level ◽  
Linguistic Rights ◽  
Official Languages ◽  
The Law

This article is a summary of the law governing official languages in Canada. The paper also concentrates on present controversial issues raised by judicial pronouncements on the Official Languages Act and on section 133 of the B.N.A  Act. The first section studies the « constitutional » aspect of the question of official languages in Canada, as to whether the relevant provisions are considered to be entrenched or not. Special emphasis is placed on the scope and effect of section 133 as interpreted so far. Federal and provincial legislative powers with respect to languages are then discussed, as well as the inapplicability of section 93 of the B.N.A. Act. Finally, the main constitutional proposals relating to linguistic rights are outlined. The next two sections deal with federal and provincial legislation and their judicial application. At the federal level, the Official Languages Act and its apparent weaknesses attract particular attention. At the provincial level, a survey is taken of Quebec's successive Acts respecting languages, and « Bill 101 » is especially considered in relation to the Charter of human rights and freedoms. The conclusion is that the unsatisfactory state of the law of official languages in Canada may well drag on if general agreement is not reached on a renewed federation.

scholarly journals Les droits linguistiques canadiens en évolution

2005 ◽  
Vol 27 (1) ◽  
pp. 227-238
Author(s):  
D’Iberville Fortier
Keyword(s):  
Royal Commission ◽  
Development Projects ◽  
Official Language ◽  
Quiet Revolution ◽  
Federal Level ◽  
Linguistic Rights ◽  
Common Basis ◽  
Language Minorities ◽  
Official Languages ◽  
Droits Linguistiques

The Commissioner of Official Languages presents the evolution of linguistic rights from the time of Confederation up to the period of the Quiet Revolution in Québec. This survey dwells upon guarantees granted to linguistic minorities in Canada. At the Federal level of government, the author describes the consequences of the Royal Commission of Enquiry on Bilingualism and Biculturalism : The Official Languages Act and the Canadian Charter of Rights and Freedoms. At the provincial level of government, he draws up an overall account of the factual integration of these laws. His observations lead him to conclude that Canada will never be a homogeneous country with regard to linguistic rights and that minority aid systems are deficient. As a solution, the author underscores the timeliness of Federal-provincial arrangements with a view to creating specific development projects for official language minorities in accordance with local needs, but founded upon a common basis.

scholarly journals Constitutional complaint in the context of the principle of the rule of law

2020 ◽  
pp. 111-117
Author(s):  
Olha Turchenko
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Main Idea ◽  
Constitutional Court ◽  
Final Decision ◽  
Controversial Issues ◽  
The Rule Of Law ◽  
The Law ◽  
Constitutional Right ◽  
The Right

As a direct manifestation of the implementation of the rule of law, it is necessary to consider the direction of the activities of theauthorities and their officials to ensure fundamental, inalienable human rights.Although part 1 of Article 55 of the Law “On the Constitutional Court of Ukraine” does not directly stipulate the protection offundamental constitutional human rights and freedoms, its legal nature as an individual instrument predetermines its inextricable linkwith the need to protect (restore) the rights of a specific identified person or group of persons. Even if, as a result of consideration ofthe complaint, a systemic problem of the constitutional legal order is highlighted, the protection of which, first of all, the activities ofthe Constitutional Court of Ukraine are directed, this does not change the nature of the constitutional complaint as an individual instrumentfor protecting rights.The legal specificity of a constitutional complaint is that it concerns a specific violated constitutional right belong to a specificsubject, while it also acts as a means of ensuring the supremacy of the Constitution of Ukraine.The article examines the problems of the implementation of a constitutional complaint, the essence, specifics, signs of a constitutionalcomplaint in the context of the principle of the rule of law, identifies controversial issues of a theoretical and practical natureon the implementation of the right to a constitutional complaint.In particular, the Law defines a constitutional complaint through the procedural concept of “petition”, which seems to be terminologicallyincorrect, since the concept of a complaint and a petition in the aspect of a person’s appeals exist separately from each other and have some differences. Since the Constitutional Court is legally obliged to verify the compliance of normative legal acts with theConstitution of Ukraine, it is advisable to define a constitutional complaint through a requirement, focusing on the requirement for therelevant entity to perform certain actions or refrain from them.Certain obscurity arises as to what kind of decision in the case should be considered the final decision of the court, which shouldconcern the constitutional complaint, it is seen that this can only be a decision of the court of last instance, that is, one whose appealhas already been fully implemented.In general, the introduction of the institution of constitutional complaint contributes to the rooting of the main idea of constitutionalism– the introduction of the principle of the rule of law, limitation of state power, the desire to protect human rights.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Contemporary Developments Relating to the Inviolability of Mission Premises

2017 ◽  
Author(s):  
Juan E Falconi Puig
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Urban Planning ◽  
National Security ◽  
Direct Consequence ◽  
Access To Justice ◽  
Controversial Issues ◽  
The United Kingdom ◽  
Domestic Legislation

This chapter addresses some of the controversial issues relating to the inviolability of mission premises. The Yvonne Fletcher incident of 1984 led to debates about the need to upgrade or reform the VCDR in that regard; and the United Kingdom, as a direct consequence of the incident, adopted the ‘Diplomatic and Consular Premises Act 1987’ to be able to adopt unilateral measures to remove premises immunity where threats to national security, to public integrity and/or the need of urban planning exist. Domestic legislation of this kind, however, also provides ground for conflicts with the VCDR. This chapter explores conflicts between property immunity and issues such as access to justice, human rights, and terrorism and examines ways of overcoming such difficulties through mechanisms which safeguard diplomatic privileges and immunity to allow the pursuit of diplomatic functions.

Introduction

2018 ◽  
Author(s):  
Ronnie Mackay ◽  
Warren Brookbanks
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
Essential Elements ◽  
Mental Capacity ◽  
Fundamental Parameters ◽  
The Law

Fitness to plead is an area of growing importance in most Western jurisdictions. It challenges the justification for criminalisation wherever a person’s mental capacity calls into question their ability to participate meaningfully in a trial. However, the doctrine has proven difficult to apply in practice, with many legislative models represented across the jurisdictions. How best to formulate rules for the fair trial of those with mental or physical incapacity and how to manage the issue of disposition following a finding of unfitness is a challenge in most countries. These and other issues are explored in this book through the insights of domestic and international scholars who are familiar with the law around unfitness to stand trial. This chapter broadly describes the fundamental parameters and human rights aspects of the fitness-to-plead doctrine, and concludes with a brief account of the essential elements of each chapter.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

Taking Children’s Human Rights Seriously

2020 ◽  
pp. 48-69
Author(s):  
Michael Freeman
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Popular Media ◽  
Children’S Rights ◽  
Ronald Dworkin ◽  
Philosophical Discussion ◽  
Persuasive Argument ◽  
The Law ◽  
Deficit View

Despite the development of the children’s rights movement, human rights scholarship continues to overlook the rights of children. Even those like Ronald Dworkin, who proclaim the need to take rights seriously, are curiously silent, even ambivalent, when it comes to children. This inattention often forces advocates of children’s rights to the margins of human rights scholarship. In the few places where serious philosophical discussion of children’s rights does take place, the analysis intends to diminish the value of rights for children. These critics are not malevolent, and typically want what is best for children, but they do not think it can be accomplished through a children’s rights agenda. This chapter lays out a persuasive argument for a children’s rights agenda, or, for taking children’s rights seriously. Drawing from philosophy, history, literature, popular media, and of course the law, this chapter argues against the conventional deficit view underlying most arguments against the recognition of children’s rights and makes a case for the importance of children’s rights where rights are the currency in use.

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