Disqualification after impeachment prevents the return of unfit leaders to power by barring their re-election-but for how long? This article examines international human rights decisions on the ...duration of post-impeachment disqualification, including an important 2022 opinion of the European Court of Human Rights, along with the experience of impeachment in the United States. The neglected history of impeachment in U.S. states adds dimensions to the thinner narrative of impeachment at the U.S. federal level. The European insistence on keeping disqualification proportionate resonates with a minority practice of partial disqualification in the states. Nonetheless, the European Court's prohibition of irreversible lifelong disqualification may be too rigid for democracies under threat.
On June 1st, in Maymulakhin and Markiv v. Ukraine, the ECtHR determined for the first time in clear terms that the general absence of legal recognition for same-sex couples is discriminatory and ...violates Article 14 of the European Convention of Human Rights. This marks a significant addition to the Court’s case-law concerning the rights of same-sex couples with implications for future litigation on this subject.
This article considers the question of legal basis of the data protection in the world while and exactly in the European continent. Special attention is paid to the question of personal data as a ...part of human rights and how the ECHR is dealing with protection of it. The author analyzed a list of different type of issues related to the question of personal data and how they are protected under the Article 8 of the European Convention on Human Rights. Also, it was researched question what does “personal data” means under the legal understanding according to the European law. The main question, which author raised, is there any legal bases of protection of data and which new mechanism we can use with so fast development of information technologies. All these questions lead to the idea that there is no unique and universal way to protect personal data in the world, what we all need because of the high level of cyberterrorism. We should find solution which will regulate the acceptance to data and how to protect it on the international level by public and private international law. In conclusion, we proposed some measures that may improve institute of personal data protection in general.
This paper analyses actual legal issues related to the protection of rights of a child deprived of parental care and the use of alternative care. Every child separated from the family has the right ...to receive adequate care and protection from the state. The author notes that currently, there is no unified deinstitutionalisation strategy and action plan in Georgia ensuring the protection of the rights of a child deprived of parental care. The qualitative research results, regulatory legal acts for alternative care and court practice are based on legal analysis. The authority of the guardianship and custody body lies in the application of alternative care. Thus, the aim of our study is to analyse alternative care issues regulated in Georgia, its enforcement in practice and to develop specific proposals and recommendations in order to eliminate the gaps related to the alternative care issues. The research has revealed that in order to successfully complete the deinstitutionalisation process in Georgia, it is necessary to develop a unified strategy and action plan. Children should be provided with services as close to family as possible: taking prevention measures, offering appropriate support services to families and considering the geographical access. It is necessary to allocate both material and human resources, including in terms of training.
The relevance of this scientific research in the protection of rights of ownership is determined by the specifics of enshrining regulatory provisions in the current legislation, as well as in ...connection with the active use of rights of ownership and the mechanism for its protection on the Internet platform and in social media. The purpose of this research is a detailed study of the theoretical and practical segment of the mechanism for implementation of the protection of rights of ownership of individuals, as well as a study, on the basis of this research. The regulatory and legal provisions were analysed, the main approaches responsible for the mechanism for implementation of the protection of rights of ownership of individuals were discovered, and the main problems preventing the proper effective functioning of this mechanism in the protection of rights of ownership of individuals were identified.
We analyse applications presented to the European Court of Human Rights raising the issue of insufficient actions of States to fight climate change. First, we discuss the relevant national cases that ...expose three different approaches towards climate change justice cases, i.e. the cases from the Netherlands, Norway, and Germany. Second, considering the European Court of Human Rights criteria on inadmissibility and substance, we assess major issues related to the presented applications and their success.
Abstract
Values play a significant role in the jurisprudence of the European Court of Human Rights (Court), and carry the potential to influence the Court's interpretation of the European Convention ...on Human Rights (Convention). This is particularly evident when the Court refers to common values whilst engaging in European consensus analysis. By exploring sociological approaches to the concept of values and Gilbert's summative and plural subject accounts of shared values, this article argues that it is reasonable for the Court to search for common values amongst the member states of the Convention, in an effort to align its interpretation of Convention rights with such values. However, the article contends that when the Court ascribes normative authority to shared values identified purely through a comparative analysis of state practice, it is confounding the summative and plural subject accounts of common values in its reasoning, thus raising legitimacy concerns.
The ruling of the Polish Constitutional Tribunal of October 22, 2020 introduced a near-complete ban on abortion in Poland, as it removed from the law the embryopathological condition that allowed ...abortion when the fetus had an incurable, severe disease. The ruling raises a number of questions regarding the recognition of international protection of human rights, the equal protection status of human rights, and the principle of trust in the state. The Tribunal’s ruling resulted in massive public protests in Poland, the adoption of condemnatory resolutions by the European Parliament, and the submission of a new bill by members of the parliament from the opposition groups. The purpose of the paper is to show the questionable ruling issued by the Constitutional Tribunal from the perspective of protection of human rights and the attempts of opposition MPs to change the legal order. The Tribunal’s ruling violates women’s human rights and is therefore a form of discrimination against women. Attempts by opposition MPs to “civilize” the right to abortion have proved unsuccessful. The jurisprudence of the European Court of Human Rights may establish a breakthrough, as the Tribunal has received a complaint concerning the prevention of abortion on embryopathological grounds in connection with the ruling of the Constitutional Court of October 22, 2020.
Secularism is conventionally (and somewhat misleadingly) defined as the separation of state and religion. This article offers an alternative and more refined concept of secularism as a normative ...political principle of social peace within the context of diversity. The argument that secularism, so understood, lies at the core of a notion of human rights, contra the critique it has been receiving in recent decades as being hostile to freedoms, is assessed conceptually and supported by an analysis of how it is (indirectly) articulated in the jurisprudence of the European Court of Human Rights.
