Glukhin v. Russia Monika Zalnieriute
The American journal of international law,
12/2023, Letnik:
117, Številka:
4
Journal Article
Recenzirano
Facial recognition technologies-freedom of expression-right to private life-surveillance-protest- biometric data-data privacy--European Convention on Human Rights.
In The Pilot-Judgment Procedure of the European Court of Human Rights Dominik Haider examines if this recent approach to tackle structural human rights deficiencies in member states is reconcilable ...with the European Convention on Human Rights.
•Susanna Marinelli 1, Francesca Negro 2, Maria Cristina Varone 2, Lina De Paola 2, Gabriele Napoletano 2, Alessandra Lopez 3, Simona Zaami 2*, Giuseppe Basile 4.•The article aims to shed a light on ...the unique complexities inherent in surrogacy and the legal-ethical challenges that currently exists even in many advanced democracies, which frequently result in uneven and ill-defined standards and processes.•The recent proposal of making surrogacy a “universal crime” has prompted us to better analyze the topic and its ethical and legal implications.•Legislative harmonization at the international level is essential to prevent the cross-border surrogacy trend. The “universal crime” draft bills appear to be difficult to enforce and too vague to be credible at the moment.
The article aims to shed a light on the unique complexities inherent in surrogacy and the legal-ethical challenges that currently exists even in many advanced democracies, which frequently result in uneven and ill-defined standards and processes. The recent proposal of making surrogacy a “universal crime”, meant to prevent cross-border surrogacy, i.e. travels by citizens from countries where it is illegal to countries where it is legal, has also been weighed, by exploring the current legislative state of affairs, trends and future horizons. Recent case-law has been analyzed and interpreted, with a close focus on Italian Supreme Court ruling n. 38162, issued on 30th December 2022 and European Court of Human Rights (ECtHR) rulings issued over the past decade. Uncertainty and ill-defined norms and court rulings risk harming the rights of children, surrogate mothers and intended parents. So far, court decisions have somehow filled the legal vacuum, considering that cross-border surrogacy is not specifically regulated in many countries and the status of children born abroad is still controversial. The views and judgments of supranational courts on the issue need to be accounted for when drafting new specific legislation. It is of utmost importance to uphold the rights of children born through surrogacy abroad, whose best interests risk being damaged. Legislative harmonization at the international level is essential to prevent the cross-border surrogacy trend. The “universal crime” draft bills appear to be difficult to enforce and too vague to be credible at the moment.
Recently, the Grand Chamber of the European Court of Human Rights handed down its decision about the repatriation of Daesh-involved family members of French citizens. The judgment has been widely ...commented on in the French and international press. The overall impression that emerged was that of a victory for the applicants and a clear denunciation of French policy regarding the general non-repatriation of French children and their mothers encamped in north-eastern Syria. Reality is, however, very different. In fact, the Court’s decision is very measured. In many respects, it does (too) little and comes (too) late.
When courts started publishing judgements, big data analysis (i.e. large-scale statistical analysis of case law and machine learning) within the legal domain became possible. By taking data from the ...European Court of Human Rights as an example, we investigate how natural language processing tools can be used to analyse texts of the court proceedings in order to automatically predict (future) judicial decisions. With an average accuracy of 75% in predicting the violation of 9 articles of the European Convention on Human Rights our (relatively simple) approach highlights the potential of machine learning approaches in the legal domain. We show, however, that predicting decisions for future cases based on the cases from the past negatively impacts performance (average accuracy range from 58 to 68%). Furthermore, we demonstrate that we can achieve a relatively high classification performance (average accuracy of 65%) when predicting outcomes based only on the surnames of the judges that try the case.
Abstract
Due diligence is at the heart of the United Nations Guiding Principles on Business and Human Rights, which establish the main parameters internationally for considering corporate ...responsibility for human rights violations. However, the Guiding Principles invoke two different concepts of due diligence: the first is a process to manage business risks and the second is the standard of conduct required to discharge an obligation. In this article, we show that the Guiding Principles invoke these two concepts without explaining how they relate to each other. This confusion creates uncertainty about the extent of businesses’ responsibility to respect human rights and uncertainty about how that responsibility relates to businesses’ correlative responsibility to provide a remedy when they infringe human rights. On this basis, we propose and justify an interpretation of the Guiding Principles that clarifies the relationship between the two concepts of due diligence.
We propose and evaluate an automated pipeline for discovering significant topics from legal decision texts by passing features synthesized with topic models through penalized regressions and ...post-selection significance tests. The method identifies case topics significantly correlated with outcomes, topic-word distributions which can be manually interpreted to gain insights about significant topics, and case-topic weights which can be used to identify representative cases for each topic. We demonstrate the method on a new dataset of domain name disputes and a canonical dataset of European Court of Human Rights violation cases. Topic models based on latent semantic analysis as well as language model embeddings are evaluated. We show that topics derived by the pipeline are consistent with legal doctrines in both areas and can be useful in other related legal analysis tasks. This article is part of the theme issue 'A complexity science approach to law and governance'.
Austrian Constitutional Court-Organization of the Petroleum Exporting Countries (OPEC) - immunity and inviolability of international organizations-European Convention on Human Rights (ECHR)-right of ...access to a court-'Waite and Kennedy v. Germany'.
My name is dr. Dániel András Karsai. I am a human rights attorney. I am also terminally ill. In August 2022, I was diagnosed with ALS. ALS is a so-called motor neurone disease. ALS leads to an ...extremely humiliating life situation, increasingly depriving you of independence. For reasons unknown to medical science, this disease causes nerve cells that move the muscles to deteriorate, leading to muscle atrophy and ultimately complete paralysis. At the end of the disease, respiratory functions also cease, resulting in death by asphyxiation. The final stage of the disease is virtually a vegetative existence, without any possibility of conscious activity or communication. For me, this form of existence is devoid of all meaning and dignity. In this situation, I firmly believe in the arguable claim to demand the right to end my life with dignity instead of enduring meaningless suffering.
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