The article discusses the legal protection of the rights of the Roma community and its members enshrined in the existing international instruments and mechanisms, particularly those concerning the ...protection of minorities and human rights, and in the Slovenene legislation. It critically analyses the applicable legal sources, state practice and jurisprudence in order to prove the hypothesis that autochthony, as a criterion for recognising the special rights of the members of the Roma community in Slovenia, is not imbedded in the relevant international or Slovene law and is even incompatible with international legal obligations in the field of human rights. It criticizes the suggested amendments of the Roma Community Act, which are likely to result in a regression of the status of Roma community members in Slovenia and increased non-compliance with Slovenia’s international legal obligations.
Protection of minorities is a current and worldwide political problem. Therefore, the article discusses Will Kymlicka’s proposals regarding an idea of a ‘collective’ right, that is, a right of which ...a holder is a collective. This kind of a right is supposed to extend the canon of human rights in order to include the collective rights (as human rights of the third generation).
This article interprets the notwithstanding clause in section 33 of the 'Canadian Charter of Rights and Freedoms'. When a legislature activates the notwithstanding clause, subsection 33(2) ...temporarily ensures a protected law's 'operation' by preventing it from being 'inconsistent' with the 'Constitution' of Canada in the sense of the supremacy clause, thereby precluding judicial remedies such as striking down. Construed in the light of its components (some never considered by the Supreme Court of Canada) and other constitutional features, the notwithstanding clause does not make rights irrelevant or strip them of their legal character. Nor does it confide the assessment of trade-offs about rights to the legislature alone. Instead, subsection 33(3) indicates a framework for such assessments in which the voting public plays a crucial evaluative role. The courts, as interpreters and guardians of the 'Constitution', can, and in some circumstances should, support the public's constitutional role by declaring the extent to which a protected law unjustifiably limits Charter rights. The public's ability to take such declarations into account in evaluating rights trade-offs would advance the democratic purpose of subsection 33(3), a purpose that underpins our constitutional framework more broadly.
In this article for the magazine "Historia constitutionale" it was intended to draw up a general picture of the most relevant legal aspects in the Carnaro Charter. One hundred years after its ...enactment, there are many current aspects that are worth exploring. Starting from a brief reference to the historical events in which this constitution came to light, the article will focus in particular on the rights of freedom and articles concerning social rights, therefore aimed at guaranteeing social justice and solidarity.
In questo articolo per la rivista “Historia constitutional” si è inteso tracciare un quadro generale degli aspetti giuridici maggiormente rilevanti nella Carta del Carnaro. A cento anni dalla sua emanazione molti sono gli aspetti attuali che vale la pena di approfondire. Partendo da un breve accenno alle vicende storiche in cui venne alla luce questa costituzione, l’articolo si concentrerà particolarmente sui diritti di libertà e sugli articoli concernenti i diritti sociali, quindi finalizzati a garantire giustizia sociale e solidarietà.
The exercise of public power by substate entities poses a challenge for international law. Although such entities lack international legal personality, their actions can have international ...significance and, because they are state organs, must always adhere to the international obligations assumed by the state. In Spain, the autonomous communities exercise broad powers, which, in the case of Catalonia (via the 'Generalitat'), include education, healthcare, prisons and police. Research shows that the 'Generalitat' has exercised - and, to some extent, continues to exercise - some of its powers in disregard of certain constitutional and legal obligations. This action by public authorities in disregard of the law can have international consequences, and various international organizations have expressed positions on it through their bodies. This paper examines these positions on the 'Generalitat's' actions in connection with the secession process and other related policies, including both those that have been critical of this behaviour and those that have expressed direct or indirect support for it. The practice of the European Union, the Council of Europe, and the UN Human Rights Council through its Special Rapporteur on minority issues is analysed.
Civil rights as human rights Lovelace, H. Timothy, Jr
Duke law journal,
05/2022, Letnik:
71, Številka:
8
Journal Article
Recenzirano
During the early 1960s, government officials in the U.S. Department of State grappled with the following quandary: How could the United States shape and lead a racially diverse world while still ...denying rights to Black Americans domestically? One way the State Department set out to resolve this disconnect was through diplomacy and negotiations at the United Nations Sub-Commission on the Prevention of Discrimination and Protection of Minorities, which crafted the International Convention on the Elimination of all Forms of Racial Discrimination. Although extensive documentation exists on the exchanges between the Sub-Commission, the State Department, and the U.S. civil rights community, existing literature fails to examine these rich exchanges in sufficient detail. This Article explores how the United States shaped international human rights regimes through the Sub- Commission, and, in turn, how international affairs shaped the U.S. civil rights movement.
One underexplored aspect of the interplay between the U.S. civil rights movement and the international human rights regime is how the State Department interfaced with the Sub-Commission. By exploring the exchanges between the two high-profile civil rights lawyers the State Department sent to negotiate with the Sub-Commission and other actors at the United Nations, this Article highlights the tension between these lawyers' values and the U.S. diplomatic agenda. This tension in turn magnifies how the U.S. civil rights movement and the international human rights regime shaped one another.
The history of how the U.S. delegation sought to imbue the International Convention on the Elimination of all Forms of Racial Discrimination with U.S. values remains central to this Article's discussion. And, at the heart of this contribution was the importation of the state action doctrine. Thus, the doctrine that had vexed civil rights activists' domestic litigation for decades became enshrined in the international human rights regime. This Article explores the role that the state action doctrine played in the reciprocal relationship between the U.S. civil rights movement and the international human rights regime.
Prispevek obravnava pravno varstvo pravíc romske skupnosti in njihovih pripadnikov na podlagi obstoječih mednarodnih instrumentov in mehanizmov, predvsem manjšinskega varstva in varstva na področju ...človekovih pravic, ter v slovenski pravni ureditvi. S kritičnoanalitično presojo veljavnih pravnih virov, prakse držav in judikature zasleduje hipotezo, da kriterij avtohtonosti za priznavanje posebnih pravic pripadnikov romske skupnosti v Sloveniji ni utemeljen ne v relevantnem mednarodnem ne v slovenskem pravu, temveč je celo nezdružljiv z mednarodnopravnimi obveznostmi na področju človekovih pravic. Podana je kritika predlogov sprememb Zakona o romski skupnosti, ki pravice pripadnikov romske skupnosti pogojuje s kriterijem avtohtonosti, kar najverjetneje vodi v nazadovanje njihovega položaja in poglabljanje nespoštovanja prevzetih mednarodnopravnih obveznosti Slovenije.
Although not traditionally thought of as a particularly important piece of the UN machinery for the protection of minorities, the International Court of Justice (icj) has made in this area important ...jurisprudential contributions. The icj can also take a more immediate step towards protecting minority rights by indicating provisional measures, as it did in the Bosnian Genocide case, in both cases of a racial discrimination lawsuit filed against Russia and, most recently, in Qatar v. United Arab Emirates. The purpose of this article is twofold: (1) by critically analysing the selected cases in which provisional measures were requested, to assess the contribution of the icj's rulings (and appended judicial opinions) on such measures to interpreting, defining the content and developing the law of genocide, racial discrimination and equal treatment of minorities, and (2) to examine the potential for the icj to enhance the protection of minorities by indicating provisional measures.
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