scholarly journals SALMI, Jamil Violence and Democratic Society : New Approaches to Human Rights. London, Zed Books, 1993. 144p.

1994 ◽  
Vol 25 (4) ◽  
pp. 835
Author(s):  
Pierre Bosset
Partner Abuse ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 80-93
Author(s):  
Doris Sommer ◽  
Josefa Ros Velasco ◽  
Marco Abarca

Alarm spreads among potential victims of domestic violence as cases multiply during the confinement required by COVID19, and authorities face the growing frustration of not knowing how to respond. The question of what to do begs the question of why the lockdown increases domestic violence. Loss of jobs, alcohol, and psychological stress are reasonable answers; but they are predictable and don't suggest new approaches for remedy. This essay considers an unsuspected if obvious trigger of violence at home. Boredom. It is a stressor that becomes intolerable as the pandemic lockdown continues. Since boredom is a volatile condition associated with the lack of engagement, and since boredom is resolved either creatively or violently, an evident program for primary prevention would be to provide disgruntled and potentially aggressive intimate partners with engaging activities. These activities address a responsibility of the State. When the State turns homes into places of involuntary confinement, it levies serious limitations on a range of human rights. Therefore, the State's obligation to address risks, including boredom, is a corollary to restricting freedom of movement. Perhaps the strategy to provide programs will face objections and skepticism. Why should potential perpetrators of violence be beneficiaries of pleasurable programs? And how can pleasure be a remedy when it carries a stigma of irresponsibility or sin? But a practical response to the spike in domestic violence will have to overcome this irrational stigma to become more strategic than moralizing (Sommer, 2014). We should address the spiral of aggression in ways that are effective, not reactive.


2021 ◽  
Author(s):  
I.A. Aleshkova

The review examines the doctrinal approaches to the characterization of justice that have emerged at the national level. Based on the analysis of modern research on the development and improvement of the judicial system, this review examines the main trends and patterns in the development of the judiciary and justice. The review presents three monographs in which scholars emphasize that the effectiveness of justice is the most important aspect of a democratic society and the proper level of observance of fundamental human rights and freedoms. Scientists and practitioners constantly refer to the multifaceted definition of the concept of «justice», characterizing it from various sides and forms of implementation.


Author(s):  
Konstantinos Margaritis

Freedom of religion has been constantly characterized as one of the foundations of a democratic society. On the other hand, the significance of physical education in the development of children's overall personality is beyond dispute. Thus, the question that arises is, What happens in a case of a conflict involving the above? The aim of this chapter is to provide an answer on the basis of the case law of the European Court of Human Rights. In particular, the fundamental cases of Dogru vs. France and Kervanci vs. France will be examined, as well as the recent case of Osmanoglu and Kocabas vs. Switzerland. Through the analysis of the cases, useful conclusions will be drawn on the possible impact of religious freedom on physical education.


2017 ◽  
Vol 12 (2-3) ◽  
pp. 174-197
Author(s):  
Mark Hill ◽  
Katherine Barnes

Abstract The manifestation of religious beliefs under Article 9 the European Convention on Human Rights is not absolute but may be subject to prescribed limitations. This article discusses the nature and extent of those limitations, as interpreted in the case law of the European Court of Human Rights from its decision in Kokkinakis v. Greece up to the present. It contrasts the prescriptive text of the Article with its lose and inconsistent interpretation by the Court in Strasbourg. Particular attention is given to the criteria of “prescribed by law”, “necessary in a democratic society”, “public safety”, “public order, health or morals” and “the rights and freedoms of others”. It seeks to divine principles from the varied jurisprudence, particularly at its intersection with the Court’s illusory doctrine of margin of appreciation.


2016 ◽  
Vol 5 (1) ◽  
pp. 16-47 ◽  
Author(s):  
ALAIN ZYSSET

Abstract:In this article, I argue against the claim that the practice of the European Court of Human Rights cannot be reconciled with the democratic-procedural standards by which state parties, in accordance with the principle of subsidiarity, decide about the content and scope of human rights norms. First, I suggest drawing the attention to the neglected balancing exercise of the review process, in which the Court has to determine whether a violation is nevertheless ‘necessary in a democratic society’. Second, I shed light on the role that ‘pluralism’ plays in the balancing (with particular emphasis on Articles 8–11). Third, I argue that Thomas Christiano’s egalitarian argument for democracy can best illuminate the Court’s reliance on pluralism.


2021 ◽  
pp. 125-145
Author(s):  
Andrés Gascón Cuenca

Despite the general consensus about freedom of expression being a basic fundamental right on every democratic society, the debate about its boundaries has never found such a pacific agreement. Thus, the Spanish Penal Code has several articles that punish its abuse that are highly contested, like articles 490.3 and 543 that penalize the offenses directed towards national symbols or State representatives. This being so, this article examines the controversy generated by the application of this articles through the analysis of two judgements issued by the European Court of Human Rights against Spain, and a third one issued by the Spanish Constitutional Court that could follow the same path. This work will be done to describe the clash that exists between the caselaw of these two jurisdictions, in order to critically analyze the approach Spanish courts have to behaviors that criticize national symbols and state representatives.


2018 ◽  
Vol 74 (295) ◽  
pp. 549-563
Author(s):  
Alvori Ahlert

O presente artigo discute a urgência da ética como fundamento para a busca de uma sociedade democrática e suas conectividades com a reflexão sobre os direitos humanos. Discute-se a importância dos direitos humanos para a construção de uma sociedade efetivamente democrática e participativa e os sentidos da democracia na atualidade para a qual os direitos humanos de terceira e quarta gerações se constituem como premissas fundamentais para o exercício da cidadania democrática.Abstract: The present article argues the urgency of the ethics as bedding for the search of a democratic society and its relations with the reflection on the human rights. Importance of the human rights for the construction of a democratic and effectively participation society and the directions of the democracy in the present time is argued it for which the human rights of third and fourth generations if constitute as basic premises for the exercise of the democratic citizenship.Keywords: Human rights. Ethics. Citizenship. Education.


2019 ◽  
Vol 21 (2) ◽  
pp. 203-212
Author(s):  
Russell Sandberg ◽  
Frank Cranmer

On 22 January 2019, the Parliamentary Assembly of the Council of Europe agreed the text of Resolution 2253: Sharia, the Cairo Declaration and the European Convention on Human Rights. The Resolution begins – on an uncontroversial note – by reiterating ‘the obligation on member States to protect the right to freedom of thought, conscience and religion as enshrined in Article 9 of the European Convention on Human Rights … which represents one of the foundations of a democratic society’. It then goes on, however, to recall that the Assembly ‘has on several occasions underlined its support for the principle of the separation of State and religion, as one of the pillars of a democratic society’. This statement is not entirely non-contentious: it ignores the situation in several Member States of the Council of Europe and is based more on notions of laÿcitÕ than on the observable facts in countries such as England, Denmark, Finland and Norway that have state Churches. Unfortunately, this simplification and confusion set the tone for what is to follow.


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