Javad Salehi
Abstract
Detained witnesses of the Congolese government applied for non-extradition to their repective government, seeking asulum in the Netherlands and declaring illegal the continuation of the detention by claiming with the danger of life after their testimony against the government before the the International ...
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Detained witnesses of the Congolese government applied for non-extradition to their repective government, seeking asulum in the Netherlands and declaring illegal the continuation of the detention by claiming with the danger of life after their testimony against the government before the the International Criminal Court. The primary branch of the Court in the interpretation of articles 68(1) and 93(7) of the Statute and their relationship with article 21(3) of the Statute holds that the custody tribunal will continue to detain the witnesses until the end of the Dutch administration's application for their asylum. Nevertheless, the Court opens a prospect before the Dutch court in order to continue to detain the witnesses in contravention of the international commitments of the Dutch government to protect the freedom of individuals in its territory. Dutch primary branch disqualifies decision makers from arresting witnesses, but the Dutch court of appeal reverse the European Court of Human Rights' recent judicial review in its fourth witness case. Finally, the Court of appeal judges affirm proceedings of the European Court of Human Rights and the Dutch court of appeal, taking into account the provisions of the Statute.
Citizenship rights
Sattar Azizi; Zahra Ghadbeygi
Abstract
The proliferation of Coronavirus around the world and the need to maintain the health of individuals in society have forced many governments to impose restrictions on citizens' rights by imposing social distances, quarantine and closure of educational, economic and sports centers. One important action ...
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The proliferation of Coronavirus around the world and the need to maintain the health of individuals in society have forced many governments to impose restrictions on citizens' rights by imposing social distances, quarantine and closure of educational, economic and sports centers. One important action of governments in combating the spread of coronavirus is the digital tracking of people infected by coronavirus in some countries. This article seeks to answer the following questions. First of all, due to application of this policy in which aspect or aspects of protection of privacy can the states intervene? Second, given that the imposition of restrictions must be done where necessary, the question arises as to whether the restrictions imposed as a result of the digital tracking of people infected or suspected of having the corona virus and its transmission to other members of the community were commensurate with the need to maintain the health of members of the community. An examination of the various measures taken in countries around the world shows that the restrictions imposed on privacy can be justified by simultaneously respecting the health of the citizens of the community as well as the provisions of international human rights law.
International Law
Ali Reza Jalali; Mohammadhasan Maldar
Abstract
Protecting human dignity as an inherent and inviolable right is one of the most important obligations of the government even when a person is liable for his criminal behavior before the law. Adopting a descriptive-analytical method, the present study endeavors to answer the basic question that based ...
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Protecting human dignity as an inherent and inviolable right is one of the most important obligations of the government even when a person is liable for his criminal behavior before the law. Adopting a descriptive-analytical method, the present study endeavors to answer the basic question that based on the procedure of the European Court of Human Rights, as an innovative and developed international judicial body, what elements should the courts consider when issuing a judgment in order to impose a punishment protecting the human dignity? After reviewing some judgments of the Court, the research concluded that by observing some formal and substantive principles such as justification of conviction, charge bargaining, ne bis in idem principle, citation of high quality laws, proportionality of offence and punishment and non-recourse to severely painful punishments, the human dignity of offenders is safeguarded. Accordingly, in case of non-observance of the mentioned principles, the legal systems would be exposed to serious human rights challenges, because states' lack of attention to the human dignity of criminals, would make the repressive nature of states to prevail over the fundamental rights of citizens.
Narges Qadirli; hoorieh hosseini
Abstract
The international organizations have independent legal personality which makes them responsible for their own wrongdoings. Therefore, member states of these organizations, are not responsible due to their mere membership. The European Court of Human Rights' decision in the Bosphorus Case can be considered ...
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The international organizations have independent legal personality which makes them responsible for their own wrongdoings. Therefore, member states of these organizations, are not responsible due to their mere membership. The European Court of Human Rights' decision in the Bosphorus Case can be considered as a key case in the context of the Member States' responsibility for the actions of international organizations. In this case, the European Court of Human Rights sought to determine when member states were responsible for actions carried out in the European Union. The doctrine of equivalent protection which first introduced in the case-law of the European Court of Human Rights, and in particular in the Bosphorus case, undermines the independent personality and separate responsibility of the international organization and made an exception to it. Under this doctrine, EU member states will be internationally responsible if they do not protect fundamental human rights at a level equal to the European Convention on Human Rights. In other words, when a state transfers its competence to an organization, it is necessary to ensure that it fulfills its other international obligations. This article analyzes how the European Court of Human Rights monitors the European Union's performance in the scope of human rights.
Ali Reza Jalali; Seyed Mahmood Majidi
Abstract
One of the aspects of the synthesis between religious freedom and freedom of teaching is the correct description of the legal system of religious education in schools. The aim of the research is the explanation of this system in the Council of Europe member States, especially in consideration of respect ...
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One of the aspects of the synthesis between religious freedom and freedom of teaching is the correct description of the legal system of religious education in schools. The aim of the research is the explanation of this system in the Council of Europe member States, especially in consideration of respect for the teachings of minorities, focusing on the situation of Turkish Alevis. These descriptions will help us to answer the following question i.e. what are the parameters of the European Court of Human Rights in outlining a legal system of religious education that requires States to respect the faith of minorities and whythe Turkish government does notrecognize Alevis as an independent minority. The result of our research is that from the point of view of European Court, a State can teach a particular religion in its education system, but these teachings must not affect the rights of Alevis. Ankara wants to strengthen its national and religious unity; hence it does not recognize Alevis as an autonomous community. All this is in contrast with the jurisprudence of the European Court and against Turkish secular system.
Mehryar Dashab
Abstract
The European Court of Human Rights whose main mission is to consider individual and States petitions in case of the violation of the European Convention on Human Rights and Fundamental Freedoms and its additional protocols, based on the applicant’s request or at its own discretion, tries by indicating ...
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The European Court of Human Rights whose main mission is to consider individual and States petitions in case of the violation of the European Convention on Human Rights and Fundamental Freedoms and its additional protocols, based on the applicant’s request or at its own discretion, tries by indicating interim measures to prevent States actions that might inflict serious and irreparable damage to the applicants. This competence is not specifically enshrined in the Convention, however, it is recognized in article 39 of the rules of the Court. This article, by reviewing the Court’s case-law, investigates to what extent the Court invokes this jurisdiction and whether the interim measures entail enforcement mechanism. The findings of this article show that the Court is using interim measures in an exceptional manner to prevent the violation of articles 2 and 3 of the European Convention on Human Rights. Furthermore, due to the fact that the enforcement of interim measures is not expressly recognized in the Convention or the rules of the Court, the court by its judgments and with referring to article 34 of the European Convention, endeavors to establish an effective enforcement.
Abstract
Fight to terrorism is very necessary and states always use their power to fight this phenomenon. Anti-terroristic action are being taken under the society`s general benefits and in this way, the personal human rights is being intervened and violated some time. For instance, the citizens` privacy is being ...
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Fight to terrorism is very necessary and states always use their power to fight this phenomenon. Anti-terroristic action are being taken under the society`s general benefits and in this way, the personal human rights is being intervened and violated some time. For instance, the citizens` privacy is being violated in order to fight and prevent the terroristic attacks. As recently Europe is under the crisis of severe migration and some terroristic acts, and consequently the states inevitably restrict some aspects of right to privacy, this paper is seeking to evaluate the states` practice according to the European convention of human rights and in accordance with the European court of human rights` practice and respond whether it is possible to sacrifice the fundamental human rights to fighting terrorism. Finally, according to the European convention of human rights and the European court of human rights` case law besides the guidelines of council of Europe, under special circumstances, we could respect the right to privacy and decrease this right`s scope limitedly and temporarily in order to pursue important purposes like maintaining the society as a whole or following the important social needs.
seyed ghasem zamani
Abstract
Religious freedom is one of the most fundamental human rights which has been embodied and recognized in essential universal and regional human rights instruments, including universal declaration on human rights, international convent on civil and political rights, European convention on human rights, ...
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Religious freedom is one of the most fundamental human rights which has been embodied and recognized in essential universal and regional human rights instruments, including universal declaration on human rights, international convent on civil and political rights, European convention on human rights, American convention on human rights, African charter on human and people rights and Islamic declaration on human rights. Most of these instruments provide that Freedom of religion may be subject to conditions and restrictions such as national security, public safety and protection of health or morals. European Court of Human Rights, as a judicial body of European convention, in its jurisprudence determinate the scope of margin of appreciation. In this article, margin of appreciation and States maneuver in interpretation and implementation of religious freedom were analyzed in light of the jurisprudence of European Court of Human Rights
Hossein Sharifi Tarazkoohi; Javad Mobini
Volume 16, Issue 44 , February 2015, , Pages 73-103
Abstract
Jurists have expressed various propositions about the true nature of Margin of Appreciation Doctrine. Some believe that although application of the doctrine allows for exercise of human rights with having local cultural diversities in consideration, following up with cited doctrine in practice by European ...
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Jurists have expressed various propositions about the true nature of Margin of Appreciation Doctrine. Some believe that although application of the doctrine allows for exercise of human rights with having local cultural diversities in consideration, following up with cited doctrine in practice by European Court of Human Rights has not been amounted yet to relativism. This paper however, suggests that the doctrine sits on shaky relativism but rather strong universalism. It further argues that the study of rational behind the application of the doctrine in European Court of Human Rights practice, the Court’s decisions wherein similar reference has been made and the study of available academic literature on this topic show that Margin of Appreciation Doctrine emanates from cultural relativism. On the other hand, quantitative and qualitative study of the diversities are accepted by the doctrine – in terms of scope, field of reference and application standards – leads to the conclusion that the Margin of Appreciation may be regarded as ‘Weak Cultural Relativism.
