Стандартът абсолютна необходимост при употреба на огнестрелно оръжие, физическа сила и помощни средства от полицейски органи

Author(s): Veselin Vuchkov / Language(s): Bulgarian Publication Year: 0

This report presents the standard for the exercise of police powers, known as „absolutely necessary when using firearms, physical force and aids by police officers.“ In Bulgarian context emphasis is placed on the implementation of this standard, adopted by the Council of Europe, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the Court of Human Rights in Strasbourg. This was achieving through active collaboration between the political and professional leadership of the Ministry of Interior, the Prosecutor’s Office, the non-governmental sector, the Ombudsman. In the context of the post-monitoring dialogue with the Council of Europe the standard was successfully introduced in Bulgaria on July 1, 2012. In a series of reports implementation through a change in the law of the Ministry of Interior was assessing positively by the Council of Europe. The author of the report served as Deputy Minister of the Interior from 2009 to 2013 and led the whole process formalising an agreement the idea of change, conducting the public discussion, leading working groups, drafting a law and defending in the National Assembly.

Списание „Военно-правна мисъл“ (1935–1943 г.) Едно издание от времето, когато индивидуалните човешки права бяха обявени за отживелица

Author(s): Nikolay Prodanov / Language(s): Bulgarian Publication Year: 0

The article presents main characteristics of the magazine „Military Legal Thought“ (1935-1943): circumstances surrounding the creation of the issue; program and goals; composition of the editorial board over the years; quantitative indicators by topics; review of some of the more important publications. The main conclusion is that the edition is syncretic, and this circumstance corresponds to the specific socio-political period.

Парламентарният дебат по ратифицирането на Конвенцията за защита на правата на човека и основните свободи през 1992 г. в XXXVI-то Народно събрание

Author(s): Ekaterina Mihaylova / Language(s): Bulgarian Publication Year: 0

The article examines the path and parliamentary debates on the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms in 1992 in the XXXVI National Assembly. Attention is paid to the initial texts submitted to the government bills; the proposals for amendments and supplements made by the members of the National Assembly; as well as the final texts adopted by the parliament. Emphasis was placed on the positions of the political forces represented in the Assembly and the fact that both the ruling party and the opposition are in favour of the adoption of the Convention; which is why the vote is entirely positive for the proposed government laws.

Забраната за дискриминация в практиката на Европейския съд по правата на човека

Author(s): Boyka Cherneva / Language(s): Bulgarian Publication Year: 0

The Protection against discrimination is based on the idea of social justice and aims to guarantee equal access to rights. The European Convention for the Protection of Human Rights and Fundamental Freedoms establishes a general prohibition of discrimination in the exercise of any other right protected by the ECHR (Article 14). Protocol № 12 to the ECHR extends the scope of the prohibition of discrimination to any right established by law. The report examines the different approaches in the Case-law of the European Court of Rights in the application of Article 14 of the ECHR. Depending on the established violation; the protection against discrimination is accessory or independent. The Particular attention is paid to the practice of the ECtHR in cases against Bulgaria.

Конвенцията за защита на правата на човека и основните свободи в най-новата практика на Конституционния съд на Република България

Author(s): Zornitsa Yordanova / Language(s): Bulgarian Publication Year: 0

In the paper the author analyses the references that the Constitutional court of the Republic of Bulgaria makes in its latest case-law to the European Convention for the protection of human rights and fundamental freedoms (in the acts of the Court from the year 2020 to this day). The importance of the Convention is emphasized as a standard for the national legislation in the matter of fundamental rights.

Въпроси на претърсването и изземването в практиката на Европейския съд по правата на човека по дела срещу Република България

Author(s): Yanko Roychev / Language(s): Bulgarian Publication Year: 0

The current research examines the case law of the European Court of Human Rights; containing rulings on issues related to search and seizure in cases against the Republic of Bulgaria. Relevant normative regulations are reviewed; which have not been adhered to in the respective cases. They are connected with the conduct of searches and seizures in cases of urgency; and with the preliminary and subsequent judicial control over these investigative actions. It has been found that the established violations are not a consequence of imperfections in the legislation; but of omissions and flaws in law enforcement.

Дилемата национална сигурност и права на човека – европейски и национални аспекти в контекста на перспективите пред Съвета на Европа

Author(s): Georgi Krastev / Language(s): Bulgarian Publication Year: 0

The Council of Europe (CoE) is the first international organization established after the Second World War; with the main goal of eliminating all the causes and preconditions for the next military conflict. At its core; the CoE is a denial of geopolitics as a form of international relations in which the strength of states‘ positions depends on their military-political power. The attack of the Russian Federation on Ukraine and the actions of the CoE caused by the changed geopolitical environment raised the question about the role of the organization in upholding the principles of modern international law. Along with the rejection of geopolitics; the CoE has; since its inception; made the protection of human rights and fundamental freedoms a priority. One of the areas of control by the CoE is the application of special intelligence tools; the application of which is assessed by lawyers; human rights defenders and security professionals as particularly sensitive to citizens. From the point of view of the correlation between security and rights of citizens; the topic of the CoE’s influence is relevant; mainly through the decisions of the European Court of Human Rights; on the actions of state bodies for security and law and citizens’ rights.

Правото на изразяване на мнение и гарантиране авторитета и безпристрастността на правосъдието в практика на Европейския съд по правата на човека в контекста на делото Мирослава Тодорова срещу България № 40072/13 от 19 октомври 2021 г.

Author(s): Simona Veleva / Language(s): Bulgarian Publication Year: 0

The report examines the right to freedom of expression and one of the most specific and controversial boundaries set out in Art. 10; par. 2 of the European Convention on Human Rights (ECHR) - maintaining the authority and impartiality of the judiciary. The report includes a critical analysis and an overview of the most important decisions of the European Court of Human Rights; which set the standard for balance in assessing these two competing values. Special attention is paid to the latest practice of the European Court of Human Rights on this issue with a focus on the judgment of Miroslava Todorova v. Bulgaria № 40072/13 of 19 October 2021.

Европейският съд за правата на човека като източник на идеи за развитие на защитата на правата на човека в българската нормативна уредба

Author(s): Tsvetomir Panchev / Language(s): Bulgarian Publication Year: 0

This study examines the role of the European Court of Human Rights as a developer of Bulgarian human rights law incl. legislation of criminal substantive and procedural law. The author indicates some specific cases of disagreement between the court instructions and the normative changes in Bulgarian criminal proceedings. Problematic areas in the Bulgarian legislation related to the protection of fundamental human rights from the European Convention on Human Rights have been identified.

Права на лицата с психически увреждания. Съдебната практиката на Европейския съд по правата на човека промени ли българското законодателство?

Author(s): Iliana Boyuklieva / Language(s): Bulgarian Publication Year: 0

The European Convention on Human Rights provides the basis of the Council of Europe for the protection of human rights for all, including the rights of persons with mental disabilities. Moreover, the European Court of Human Rights has enshrined these rights in its case law urging member states to make legislative changes to protect the human rights of these individuals. However, Bulgarian legislation has not yet been updated and synchronized with supranational norms about persons with mental disabilities. National Legal reform is needed to guarantee human rights for persons with mental disabilities.

Свободата на словото и паметниците на тоталитарния режим в България в контекста на решението на Европейския съд по правата на човека по делото „Генов и Сърбинска срещу България“

Author(s): Peter Slavov / Language(s): Bulgarian Publication Year: 0

The ruling of the ECHR against Bulgaria on the case „Genov and Sarbinska vs. Bulgaria“, which acknowledged as unlawful the detention and the Court decision of the Bulgarian courts against the civil activist, call for a different approach to the monuments, remnants of the totalitarian regime in Bulgaria. Because the actual „crime“ Mr. Genov was accused of was precisely this - to have written a message and painted such a monument, situated next to the entrance of the Headquarters of the Bulgarian Socialist party, thus expressing his protest against the behaviour of the Bulgarian Government at the time. The acknowledgement by the ECHR as „admissible“ the expression of civil statements in such a way, there comes the question of the consequences for the other such monuments, still standing in public places across Bulgaria, and whether it is proper, government and municipalities to spend the taxpayers’ money on „protecting“ these from such colouring, or should they be moved to the Museum of totalitarian art.

Законодателни промени в Закона за изпълнение на наказанията и задържането под стража, в изпълнение на осъдителните решения на Европейския съд по правата на човека по група дела "Кехайов срещу България" и пилотното решение "Нешков срещу Българи

Author(s): Milena Gencheva / Language(s): Bulgarian Publication Year: 0

asdIn the implementation of European Court of Human Rights decisions of the group „Kehayov against Bulgaria“ and pilot decision „Neshkov against Bulgaria“ in 2017 were accepted legislative changes in the LESD regarding the execution of sentences in conditions of special regime, appeal of individual administrative acts of the General Director of General Directorate „Execution of Sentences“ and the Heads of territorial units, as well as establishment of effective means of defence against tortures, inhuman or degrading treatment.

Racjonalne usprawnienia jako główny instrument w przeciwdziałaniu dyskryminacji ze względu na niepełnosprawność w zatrudnieniu

Author(s): Justyna Drożdż / Language(s): Polish Publication Year: 0

The concept of reasonable accommodation for persons with disabilities and the employer’s obligation to implement it has been extensively described in the doctrine, given its ambiguous recognition in international or national legislation. By analysing national and European jurisprudence, literature, reports and so-called good practices, this chapter will be dedicated to any necessary changes adapter to the needs of people with disabilities in the workplace, so-called reasonable accommodation, to combat discrimination inemployment.

Човешкото благосъстояние и социално-икономическите права

Author(s): Zlatka Valeva / Language(s): Bulgarian Publication Year: 0

Human well-being reflects the level of socio-economic, physical, mental and spiritual condition of a society or an individual. It is defined as a positive qualitative characteristic of people’s lives, such as the level of satisfaction or usefulness of members of society. Socio-economic rights, on the other hand, are an expression of the state’s commitment to create a favourable environment, in its active position to ensure a national concept. They are the basis for the regulation of relations between people in society, and at the same time they contribute to the formation of the best possible conditions for the development of each individual.

Multiple Discrimination in Employment Relationships

Author(s): Dragos Lucian Radulescu / Language(s): English Publication Year: 0

Discrimination in legal employment relationships involves the existence of differential treatment applied by the employer in violation of protected criteria established in the states’ national legislation to restrain or eliminate the use or exercise of employees’ rights. Discrimination involves the imposition of differentiation between employees, usually in comparable situations, and the application of identical treatment, even though they have different duties in the work process, with similar effects of excluding their rights. The article analyses multiple discrimination concerning the relevant European and national legislation, with reference to international and European regulations and relevant case law.

The Use of Capital Campaigns to Facilitate Successful Healthcare Philanthropy

Author(s): Axel Rump,Matthias Buntrock / Language(s): English Publication Year: 0

Due to financial constraints, urgent investments or even cutting-edge medical research projects with high financial requirements cannot be realized. The acquisition of major donations as an additional source of funding can contribute to this. Crucial here is the knowledge of the most potent donor target group - the high-net-worth individuals (HNWIs = financial assets of at least $1 million, UHNWIs = financial assets of at least $30 million) as major donors. However, there are hardly any comprehensive empirical data on wealthy individuals as donors to cutting-edge medical projects in Germany. This study, therefore, examines for the first time the functionality of major-donor fundraising explicitly for hospitals from two different perspectives - of hospital directors and high-net-worth individuals themselves. The study follows a mixed-methods approach, combining the three sub-studies. The study clarifies that UHNWIs and HNWIs in Germany are willing to become socially involved and that hospitals represent an attractive object of donation for them in terms of a large donation not only during their lifetime but also after their death. However, hospitals do not approach high-net-worth individuals consistently, effectively, and sustainably. This is because German hospitals are not appropriately structured and staffed to meet the wishes and needs of the target group adequately. For the future, a major rethink is coming to hospitals because major gift fundraising cannot be established as an additional funding source without first making a significant investment.

СЛОБОДАТА НА ИЗРАЗУВАЊЕ СПОРЕД ЧЛЕН 10 ОД ЕВРОПСКАТА КОНВЕНЦИЈА ЗА ЧОВЕКОВИ ПРАВА И ОСНОВНИ СЛОБОДИ

Author(s): Kostadin Bogdanov,Veronika Stanojevska / Language(s): Macedonian Publication Year: 0

Considerations regarding the Right of Veto in the Current International Context

Author(s): Dan Cristian / Language(s): English Publication Year: 0

The military aggressions involving various states in the recent period raise significant and substantial problems regarding the possibility of maintaining a right of veto regarding the intervention in the conflict of some international organizations in order to restore peace. Given that the notion of the right of veto extends to many areas such as the economic, the social, the free passage of goods and services, the possibility of development on the labor market and the military, it cannot be completely abandoned the prerogative of exercising such a right in its entirety. As in the current international context, most of the world’s states have joined or are preparing to join international organizations with economic and security purposes, and these organizations have as principles the granting of the right of veto for decisions regarding international political cooperation and their functioning, it can be admitting the necessity of a division of the prerogatives conferred by the right of veto. The article aims to analyze the essential prerogatives that the right of veto gives to the member states of an international organization and the possibility of maintaining them against the backdrop of military conflicts that have arisen at the international level recently. Conclusions of the paper will aim to determine the sustainability of the right of veto in the current international context.

Inclusion: Transition from School to Higher Education

Author(s): Gagandeep Bajaj / Language(s): English Publication Year: 0

The paper highlights the educational journey of visually challenged learners as they navigate the path from school to higher education. The policies and provisions of the Indian education system designed to enable the inclusion of learners with special needs constitute the theoretical foundation of the study. In this context, the Rights of Persons with Disabilities Act, 2016 is especially relevant since it presents a revised version of the 1995 Act and incorporates contemporary concerns from the field of disability research and practice. The methodology includes an exploration of the experiences of visually challenged learners with the help of personal narratives and group discussions. The findings bring forth the challenges that learners face in their pursuit of career advancement. The critical role of enabling provisions in facilitating their educational progress and helping them realize their aspirations is another important aspect which emerges from the interpretive analysis.

Establishing the Frontier of International Law: The Nuremberg Trial

Author(s): Jamie Kim / Language(s): English Publication Year: 0

Conducted from 1945-1946, the Nuremberg Trials were the first instance of justice for the unique crime of genocide, and redefined international law and obligation, setting a precedent for holding individuals responsible in cases of human rights violations. The trial and conference transcripts and images of the time tell the story of nations attempting to navigate through the inherent clash between national sovereignty and international law, as well as creating an entirely new international code. Controversy, however, remains on the desired outcome of the trials as contention remains over the Allied powers’ use of the Nuremberg Trials for propaganda and “show” trials. While the Nuremberg Trials were utilized to restore justice, their extensive use of film and photography suggests that another key interest was to immortalize WWII’s crimes. Additionally, critics contest the Nuremberg Trials’ validity due to their predetermined outcome. Furthermore, although the Nuremberg Trials marked a significant step in international justice, the subsequent genocides and human rights violations provoke questions of the trial’s effectiveness. This paper argues that although the Nuremberg Trials were flawed, they altered history in their debut of international justice with creations of bodies such as the International Criminal Court; yet, it is only when nations can truly lay down self-centered interests for the greater good that justice can be impartially executed.