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FORCED STERILIZATION AS A VIOLATION OF ARTICLE 3 AND ARTICLE 8 OF THE EUROPEAN CONVENTION

Author(s): Ivan Ilić / Language(s): English Issue: 2/2015

Forced and coerced sterilization is a phenomenon that has a long history, as well as in Europe, and on other continents. It is a violation of basic human rights, especially the rights of women, ethnic and racial minorities, the mentally ill, and the persons suffering from HIV. Sterilization is a procedure that is abused for the purpose of implementation of eugenic policies. The author is dealing with the cases before the ECtHR, which referred to forced sterilization. The most important attitudes of the Court, regarding the violation of Articles 3 and 8 of the European Convention, presented. The author criticizes the attitude of the Court not to consider the applicants' claims of discrimination, and argues that this issue is of crucial importance for the further development of the Convention, as a "living instrument".

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The Necessity of Setting up the Ad Hoc International Criminal Tribunals

Author(s): Denisa Barbu / Language(s): English Issue: 1/2015

This tribunal has been set up for the punishment of persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991. The International Criminal Tribunal for the former Yugoslavia is a United Nations structure established for the prosecution of serious crimes committed during the wars in the former Yugoslavia. The Tribunal is an ad hoc court, which sits in Hague, Netherlands, and was established by resolution 827 of the Security Council of the United Nations, adopted on May 25, 1993 (Ackerman, O’Sullivan, 2000), as a measure to restore the international peace and security, adopted under Chapter VII of the Charter of the United Nations (Onica- Jarka, 2009, p. 107).

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Around the Bloc: Ukrainian Activist Marina Cherenkova Missing

Author(s): TOL TOL / Language(s): English Issue: 02/02/2016

Veteran human rights activist Marina Cherenkova detained in the eastern Ukrainian city of Donetsk, reports say.

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Around the Bloc: The ‘Least Happy’ People in Europe

Author(s): TOL TOL / Language(s): English Issue: 03/22/2016

It’s not who you might think, says report released ahead of UN World Happiness Day.

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Around the Bloc: Azerbaijan Rights Advocate Freed Ahead of President's U.S. Visit

Author(s): TOL TOL / Language(s): English Issue: 03/29/2016

Baku’s supreme court reduces lawyer Intigam Aliev's prison term to probation ahead of President Ilham Aliyev’s Washington visit.

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Posebno zaštićeni civili u međunarodnom humanitarnom pravu

Author(s): Zoran Radivojević,Nebojša Raičević / Language(s): Serbian Issue: 14/2015

In addition to general protection afforded to all civilians, International Humanitarian Law (IHL) provides additional safeguards to some categories of civilians due to their vulnerability or exposure to risk in armed conflicts. This additional protection is enjoyed by children, women and journalists. IHL proclaims the principle of special protection of children in armed conflicts, and envisages an array of individual rules that provide for the implementation of this principle. Under the IHL framework, women enjoy dual protection in armed conflicts. First of all, they are protected from the effects of hostilities; second, they are protected from all forms of abuse and prohibited practices they may be exposed to when in the power of a adversary party in armed conflicts. As far as journalists are concerned, IHL makes a clear distinction between war correspondents and journalist engaged in dangerous professional missions. War correspondents fall into the category of noncombatants; in case of falling into the power of the enemy, they have the status of prisoners of war. On the other hand, journalist engaged in dangerous professional missions in armed conflict areas are considered to be civilians.

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ИМА ЛИ ВРЪЗКА МЕЖДУ КОРУПЦИЯТА И ПРАВАТА НА ЧОВЕКА?

Author(s): Diana Kovacheva / Language(s): Bulgarian Issue: 1-2/2017

The fight against corruption and the protection of human rights do not have a direct link at first glance but a more precise look can identify cross-cutting pints between them. The links can be found in the organisations drafting their international legal framework, in their origins, in their victims and in the fact that they are both obligations of the states at international level. Each state which fails to comply with its obligation to protect human rights due to rampant corruption bears international responsibility. Each form of corruption can infringe human rights and limit the capacity of the state to ensure their efficient protection. The infringements can result from petty corruption, whose victims can be easily identified, but they can also result from political corruption and this is not impossible to identify as well.The author makes the conclusion that the states with high levels of corruption have a higher number of convictions by the European Court of Human Rights.The link between corruption and human rights gives rise to the discussion about the appearance of a new human right – the right to be free of corruption.

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Considerations concerning the person’s right to life vs. the person’s right to self-determination in the jurisprudence of the european court of human rights

Author(s): Dana-Elena Morar / Language(s): English Issue: 1/2019

This article aims at analyzing both the right to life as well as the right to self-determination in the relevant case law of the European Court of Human Rights. Since the European Convention acknowledges every person’s right to life, without actually defining the terms ”person” and “life,” we have tried to capture the Court’s view on the matter of whether an unborn child has the right to life. In opposition to the fundamental right to life, we have depicted some aspects regarding euthanasia and assisted suicide, seen as prerogatives of a person’s right to self-determination.

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INFLUENȚA JURISPRUDENȚEI CEDO ASUPRA LEGISLAȚIEI INTERNE ÎN DOMENIUL VIOLENȚEI DOMESTICE

Author(s): Mirela Gabriela Cristea / Language(s): Romanian Issue: 2/2021

Domestic violence is a phenomenon that humanity has faced since ancient times, the diversity of forms of manifestation, as well as the way in which it was perceived by individuals favoring its perpetuation, so we still find it a very important and difficult issue, at the same time, to be removed. At European level, the European Court of Human Rights has a significant role to play in combating domestic violence, using all the means set out in the Convention for the Protection of Human Rights and Fundamental Freedoms. As we will see, many states have been condemned for their treatment of domestic violence, including Romania. In this paper, we aim to examine how the jurisprudence of the European Court of Human Rights has influenced domestic law on domestic violence.

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SPECIAL MEASURES FOR SEX OFFENDERS AND POTENTIAL HUMAN RIGHTS VIOLATIONS

Author(s): Milica Kovačević / Language(s): English Issue: 3/2024

Child sexual abuse has attracted enormous attention and occupied significant media space in recent decades. This increased attention has resulted in the creation of strategies aimed at responding to sexual abuse in general, and has been motivated by both the need to prevent reoffending and the desire to adequately respond to the expectations of the wider public. Measures aimed at responding to sexual offenses have become fertile ground for the introduction of various innovations. This may result in the violation of sex offenders’ human rights, and any state based on the rule of law should not allow this. This paper is devoted predominantly to the analysis of the Croatian and Serbian current legal frameworks related to the application of specific measures aimed at sex offenders to establish whether these frameworks are aligned with the relevant human rights protection standards. It has been established that the level of compliance of the two national legislations with the international legal framework is high although there is room for additional corrections. The objective of the paper is to give recommendations for harmonizing the above area with the modern legal acquis, and primarily with the standards established through the case law of the European Court of Human Rights.

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International human rights standards and involuntary psychiatric care – Developments and Serbia’s perspective

Author(s): Anđela Đukanović / Language(s): English Issue: 3/2024

Unlike the interpretation of the UN Committee on the Rights of Persons with Disabilities (hereinafter: CRPD Committee), which prohibits any deprivation of liberty on the basis of mental disability, the laws of member states continue to allow and implement involuntary psychiatric measures. The recent objection by the CRPD Committee to the adoption of a legally binding document at the Council of Europe level, which aims to regulate the protection of the human rights and dignity of individuals with mental disorders, could potentially have negative consequences. At this point, a legally binding agreement is more significant than a complete prohibition on placement in psychiatric institutions without consent or the exclusion of substitute decision-makers from providing consent for treatment. This is supported by Serbian legislation, which has certain deficiencies in the procedures for the placement and treatment of individuals with mental disorders. Involuntary measures should be applied only in exceptional cases, and a legally binding document that reflects genuine state consensus could be beneficial for creating laws and ensuring protection for those subjected to involuntary psychiatric measures.

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Privacy under threat – The intersection of IoT and mass surveillance

Author(s): Siniša Domazet,Darko Marković M.,Tatjana Skakavac / Language(s): English Issue: 3/2024

The rapid development of information and communication technologies, blockchain technologies, artificial intelligence (AI), as well as the Internet of Things (IoT) devices has brought numerous advantages to modern society. Alongside increased comfort of life and efficiency in all areas of human activity, the automation enabled by interconnected networks also poses a challenge to citizens’ right to privacy. The goal of this research is to identify weaknesses in this use of modern technologies, specifically in how they negatively impact the citizens’ right to privacy, by analyzing the relationship between mass surveillance practices and IoT devices. The research established that the implementation of mass surveillance measures using IoT technology can lead to violations of ethical standards, security protocols, and the right to privacy. It has been shown that there are issues with applying existing regulations to IoT and mass surveillance and that no universal legal framework currently exists to protect the right to privacy. The use of IoT technology, especially given the rapid development of artificial intelligence, will in the future raise numerous dilemmas regarding the entities responsible for collecting personal data, the consents required for data usage and processing, where the collected personal data will be used, and for what purposes. Therefore, it is necessary to adapt privacy laws to modern technological advancements such as IoT and AI. This study utilized methods of induction, deduction, and content analysis.

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Аnonymous witness statements in the European Court of Human Rights – Is it possible to achieve the right to a fair trial?

Author(s): Bojana Golubović / Language(s): English Issue: 3/2024

The purpose of this paper is to stimulate reflection on the use and significance of anonymous witness statements in the practice of the European Court of Human Rights. The analysis of selected leading cases in this area will provide an overview of the development of European judicial practice regarding the fact that the right of the defense is seriously compromised when such statements are accepted in criminal proceedings. A significant number of judgments represent a setback, particularly concerning the realization of the right to confrontation, which is characteristic of cases involving statements from anonymous witnesses. In such cases, the question arises as to what counterbalancing mechanisms could compensate for the denial of the accused’s rights when the identity of the individual providing incriminating statements is concealed. The statements of anonymous witnesses have, in a way, influenced the practice of the European Court of Human Rights regarding the establishment of a legal standard that has gradually taken on the role of a corrective mechanism, maintaining the balance between opposing parties. The question is whether such a corrective mechanism for the procedural protection of anonymous witnesses can preserve the interests of both sides.

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The Right to a Clean Environment as a Personal Interest and the Possibility of Effective Enforcement of Judgements in this Area

Author(s): Aleksandra Knap,Joanna Studzinska,Bartłomiej Nowak,Joanna Buchalska / Language(s): English Issue: 3/2024

The article discusses the matter of the right to a clean environment and clean air as a personal interest and the possibility of enforcing judgements issued in this area. The authors of the paper address the controversial issue of the classification of this right, analysing whether it can be considered a personal interest directly associated with a natural person. It is also important to identify the relevant entity representing the defendant in such cases, especially when the defendant is the Treasury. In order to pursue claims on the grounds of violations of the right to clean air, it is necessary to determine the guilt of a specific perpetrator. The paper discusses examples of Polish and European cases where rulings have been made on the matter of the right to a clean environment and clean air. These considera-tions become the grounds for determining what rulings can be made and whether they can be effectively enforced.

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THE ROLE OF THE EUROPEAN UNION IN PROTECTING THE RIGHTS OF MIGRANT WORKERS AND HUMAN RIGHTS

Author(s): Jonuzi Edison,Thaçi Ismail,Nakaj Miranda / Language(s): English Issue: 1/2025

Migrant workers can experience a range of human and labour rights violations within Europe. One of the common challenges facing migrant workers relates to their pay and conditions. Migrant workers that engage the services of labour recruiters to find work abroad are often more vulnerable to exploitation. This can be linked to a lack of regulation and/or oversight of recruitment practices both within and outside Europe, which has contributed to the prevalence of poor business practices and the emergence of informal brokers and other intermediaries. The legitimization and consequently the protection of fundamental human rights are part of a long evolutionary path, which takes them from state constitutional traditions to the international legal panorama. The protection of fundamental rights culminates with the Lisbon reform and the integration of the Charter of Fundamental Rights in treaties.The Union plays a fundamental role for the protection of human rights, not only towards member countries, but also towards third countries However, despite the efforts made, there is still a wide panorama of possibilities to be implemented, to guarantee an action more coherent and effective. The evolution of the protection of human rights within the Union has led to the fact that the organization has set itself the objective of guaranteeing the same protection in the countries with which it concludes international agreements and how this guarantee must necessarily be ensured in the future with further efforts on the part of the Union, but there are still many issues that affect the continuity in the level of protection currently guaranteed by the EU in the field of human rights.

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THE PRINCIPLE OF NON-DISCRIMINATION AT WORK AS ONE OF THE FUNDAMENTAL HUMAN RIGHTS

Author(s): Blerina Muskaj,Jonuzi Edison,Thaçi Ismail,Nakaj Miranda / Language(s): English Issue: 1/2025

Discrimination is one of the most common and most widespread human rights violations. It is multifaceted and present at all levels of public governance and in civil society. It affects all parts of people’s lives, including politics, education, employment, social and medical services, housing, the penitentiary system, law enforcement, and the administration of justice in general. Discrimination is thus one of the most fundamental principles of human rights. The very essence of human rights – rights that are inherent to all human beings, inalienable equally applicable to everyone, at all times, everywhere, and in all situations – is embodied in non-discrimination, which gives voice to the equality of all human beings. The Universal Declaration of Human Rights covers non-discrimination in Article 2: “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

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Compensații morale și financiare pentru supraviețuitorii orfelinatelor

Author(s): Maria Roth,VIȘINEL COSTEL BĂLAN / Language(s): Romanian Issue: 2/2024

Researchers’ interest in the experiences of survivors from orphanages in Romania has grown considerably, emphasizing the profound impact these institutions had on abandoned children and, by extension, on society. Beyond the social challenges, this issue is closely intertwined with social policies and national legislation, having deep historical and cultural significance. Individual memory plays a crucial role in reconstructing the past and advancing social justice, with recent studies focusing on the psychological traumas endured by survivors after 1960, as well as the ways in which they shape their identities and reintegrate into society. Efforts to uncover the traumas of the past are crucial not only for supporting survivors but also for educating society on the importance of upholding children’s rights. Romania has a moral obligation to confront its past with clarity in order to promote restorative justice and ensure a more equitable and responsible future for all generations. These initiatives can contribute to the social and emotional reintegration of those affected, restoring their dignity and providing them with a new opportunity in life.

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Traficul și consumul de droguri din perspectiva respectării drepturilor omului

Author(s): Claudiu-Mihail Roman,Alexandra Marilena Mioc,VENERA BUCUR / Language(s): Romanian Issue: 2/2024

With the fall of communism and the emergence of new social phenomena, drug trafficking and consumption began to become visible in Romania as well. The continuous increase in the standard of living in Romania, especially after the accession to the European Union, associated with the ignorance of some aspects regarding the consequences in terms of health and individual well-being, have caused a number of young and less young people to become frequent or occasional drug users. The statistics of the National Anti-Drug Agency are relevant in this. In addition to the classic legal aspects and health, respectively social and individual well-being, there are also aspects related to human rights violations. Drug trafficking and consumption are flagrant violations of human rights due to the consequences they cause on an individual, family and community level.

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LEGAL STANDING AND VICTIM STATUS OF INDIVIDUALS AND ASSOCIATIONS AFTER THE ‘KLIMASENIORINNEN’ CASE

Author(s): Alfred Benny Auner / Language(s): English Issue: 2/2024

In its judgment Verein KlimaSeniorinnen Schweiz and Others, the ECtHR created a positive obligation for Contracting States under Article 8 ECHR to protect individuals from the serious adverse effects of climate change. In order to prevent universal public access to the ECtHR (actio popularis), which has only a subsidiary role in the protection of fundamental rights, the Court developed new criteria for the legal standing and the victim status of applicants, and came to a peculiar conclusion: while associations are generally granted legal standing and can act before the ECtHR, their individual members are largely denied the victim status and, therefore, cannot bring an application before the Court (Article 34 ECHR). In this article, the author will critically analyse the criteria and findings of the Court on legal standing and victim status in light of the Convention and the settled case law.

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OGRANIČENJE PRAVA NA ABORTUS U POLJSKOJ

Author(s): Kristina Čamagić / Language(s): Serbian Issue: XVI/II/2024

Every woman has the right to make an independent decision to give birth or not to give birth. This article provides a comparative overview of legislation of individually observed states, regarding the right to life in light of the legal and ethical issues of abortion. The legal aspects of abortion were analysed through petitions on the relationship between the right to life and the right to abortion in the current practice of the European Court of Human Rights (cases in Poland and Ireland). Also, the basic settings of supporters of the pro-life and pro-choice concepts were pointed out. Poland had a restrictive abortion law. Since 1993, the law has allowed terminations of pregnancy only in case of rape or incest, severe anomalies of the fetus or endangering the life of the woman. On October 22, 2020, the Constitutional Court of Poland rendered a verdict that abortion due to damage to the fetus is unconstitutional. The article deals with the restriction of the right to abortion in Poland using a comparative analysis of the adopted legal acts with the existing international legal acts on the restriction of a woman's free will to make an independent decision to give birth or not to give birth, i.e. the restriction of the right to abortion.

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