The Right to Avoid Procreation and the Regulation of Pregnancy

2020 ◽  
Author(s):  
Janne Rothmar Herrmann
Keyword(s):  
Human Rights ◽  
European Convention ◽  
European Perspective ◽  
Legal Basis ◽  
Moral Obligations ◽  
Men And Women ◽  
European Consensus ◽  
The Family ◽  
The Right

This chapter discusses the right to avoid procreation and the regulation of pregnancy from a European perspective. The legal basis for a right to avoid procreation can be said to fall within the scope of several provisions of the European Convention on Human Rights (ECHR), an instrument that is binding for all European countries. Here, Article 12 of the ECHR gives men and women of marriageable age the right to marry and found a family in accordance with the national laws governing this right. However, Article 12 protects some elements of the right not to procreate, but for couples only. The lack of common European consensus in this area highlights how matters relating to the right to decide on the number and spacing of children touch on aspects that differ from country to country even in what could appear to be a homogenous region. In fact, the cultural, moral, and historical milieus that surround these rights differ considerably with diverse national perceptions of the role of the family, gender equality, religious and moral obligations, and so on.

scholarly journals Social and Legal Issues of Corporal Punishment of Children

2018 ◽  
pp. 93-104
Author(s):  
Kristina Grinevičiūtė ◽  
Iveta Vitkutė - Zvezdinienė
Keyword(s):  
Human Rights ◽  
Corporal Punishment ◽  
Research Problem ◽  
European Convention ◽  
Training Methods ◽  
Child Rights ◽  
Democratic State ◽  
Charter Member ◽  
The Family ◽  
The Right

Research problem. A democratic state is guided by the rule of law and the principles of the human rights and freedoms. Ratifying the European Convention on Human Rights and The European Social Charter or Revised European Social Charter, Member States undertake to respect all people of their jurisdiction rights, including all children. The child is not the family or the state property. Child is a citizen from birth, so it is necessary to look seriously into each such member public offense. When we talk about the criminal cruelty, especially in serious case of child rights violation (murder, sexual assault, and so on), everyone unanimity agree, that no one member of the society cannot tolerate such child abuse. But society begins to split into different camps – from the positive approach into the sentence, to the punishment classification into violence-category - when the discussion is tilting about the child's upbringing without violence. This tendency is due to several reasons. First is that a deliberate arm lift against a child is the belief that slapping "educated" child will become better. Second, parenting is the natural values, or in other words, the right of parents to educate their children in their own training methods. The aim of this article is to provide legal assessment of corporal punishment of children for educational purposes. In order to achieve this aim will be analyse the position of legislator of corporal punishment of children for educational purposes; by analyse proposals and ideas regarding delimitation of corporal punishment, to single out the theories of corporal punishment of children for educational purposes in criminal law jurisprudence.

scholarly journals ADVOKASI PELAYANAN KESEHATAN BAGI BURUH PEREMPUAN

2019 ◽  
Vol 15 (1) ◽  
pp. 30-38
Author(s):  
Nurkhayati Nurkhayati
Keyword(s):  
Human Rights ◽  
Social Protection ◽  
National Development ◽  
Self Esteem ◽  
Single Parent ◽  
Equal Treatment ◽  
The Family ◽  
The Right ◽  
Real Action

Abstract. Employment development as integral part of national development based on Pancasila and the 1945 Constitution, is held in order development human completely and development the entire Indonesian community for improve dignity, respect and self-esteem of workers and manifest the society whose prosperous, fair, affluent physically and spiritually. Given the importance of the role of laborers in development, especially in the production process, it is naturally that protection, maintenance and development for the welfare of laborers, especially women laborers, should be carried out. Because the laborer position is very weak in compare with the bussinesmen. The position of weak laborer requires the bussiness men to give away social protection guarantee to their laborers. Social guarantee is the right of entire citizen including permanent foreigners. Violations of the implementation of social guarantee means violations of human rights (HAM). This is in line with the mandate of the 1945 Constitution that has been amended namely article 28 letters d (1 and 2),  letter h (3), and article 34 (2); state that the country protects every citizens and entitled on protection from all kinds of danger, intimidation and equal treatment in carrying out their life. In fact, not all companies giving socal guarantee for their laborers, especially women laborers. In which many women laborers are still catagorized as single even though they are the backbone of the family,—because of having unemployed husband or as single parent. Thus, real action in form of advocacy is needed to change the company’s policies. Advocacy is a powerful way to bring positive changes and empower people in their lives.Abstrak. Pembangunan ketenagakerjaan sebagai bagian integral dari pembangunan nasional berdasarkan Pancasila dan Undang-undang dasar 1945, dilaksanakan dalam rangka pembangunan manusia seutuhnya dan pembangunan masyarakat Indonesia seluruhnya untuk meningkatkan harkat, martabat dan harga diri tenaga kerja serta mewujudkan masyarakat sejahtera, adil, makmur dan materiil maupun spriritual. Mengingat pentingnya peranan buruh dalam pembangunan khususnya dalam proses produksi, sudah sewajarnya dilakukan perlindungan, pemeliharaan dan pengembangan terhadap kesejahteraan buruh khususnya buruh perempuan, karena posisi buruh yang sangat lemah jika dibandingkan dengan posisi pengusaha. Posisi buruh yang lemah mengharuskan pengusaha untuk memberikan perlindungan jaminan sosial terhadap para pekerjanya. Jaminan sosial merupakan hak setiap warga negara bahkan termasuk warga negara asing yang menetap. Pelanggaran terhadap pelaksanaan jaminan sosial berarti pelanggaran terhadap hak asasi manusia (HAM). Hal ini sejalan dengan amanat UUD 45 yang telah diamandemen yaitu pasal 28 huruf d (1 dan 2) dan huruf h (3) juga pasal 34 (2); pasal-pasal tersebut menjelaskan bahwa negara melindungi setiap warganya dan berhak atas perlindungan dari segala macam bahaya, intimidasi dan perlakukan yang sama dalam menjalankan hidupnya. Dalam pelaksanaan dilapangan, tidak semua perusahaan melaksanakan jaminan sosial bagi para buruhnya, terutama buruh perempuan. Dimana banyak buruh perempuan yang masih dikategorikan lajang padahal mereka adalah tulang punggung keluarga, baik karena suami yang tidak bekerja maupun sebagai single parent. Sehingga dibutuhkan tindakan nyata dalam bentuk advokasi untuk merubah kebijakan perusahaan tersebut. Advokasi adalah cara ampuh untuk membawa perubahan positif dan memberdayakan orang dalam kehidupan mereka. 

An Emerging Right to a “Gay” Family Life? The CaseOliari v. Italyin a Comparative Perspective

2016 ◽  
Vol 17 (3) ◽  
pp. 451-485 ◽  
Author(s):  
Sabrina Ragone ◽  
Valentina Volpe
Keyword(s):  
Human Rights ◽  
Family Life ◽  
European Convention ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
Same Sex Couples ◽  
European Court ◽  
National Perspective ◽  
The Right

This Article analyses, through the lens of comparative law, theOliari and others v. Italyjudgment, which was issued by the European Court of Human Rights (ECtHR) in July 2015. TheOliaricase is important for being the first judgment in which the ECtHR established the granting of legal “recognition and protection” to same-sex couples as a positive obligation for the Member States of the Council of Europe on the basis of Article 8 of the European Convention on Human Rights. In order to understand the role of judicial bodies in the progressive protection of homosexual rights, this Article combines an analysis of European case law with the national perspective. As it concerns the supranational facet, the authors illustrateOliari's reasoning and situate the case in the jurisprudence of the ECtHR. Elements of both continuity and innovation emerge from the analysis, as well as a relevant dimension of judicial dialogue supporting the incremental recognition of gay rights in Europe. As it concerns the national facet, this specific case was initially dealt with at the domestic level and was the object of judgment 138/2010 by the Italian Constitutional Court. The judgment is critically put into perspective through the examination of the jurisprudence of other European Constitutional Courts (France, Portugal and Spain) that were called on to decide similar cases in the same period. Therefore, the Article offers a comparative analysis of theOliarijudgment clarifying its relevance and speculating on the potential value of this case for the future recognition of the right to a “gay” family life in Europe.

scholarly journals Deaths after police contact in England and Wales: the effects of Article 2 of the European Convention on Human Rights on coronial practice

2016 ◽  
Vol 12 (2) ◽  
pp. 162-177 ◽  
Author(s):  
David Baker
Keyword(s):  
Human Rights ◽  
European Convention ◽  
System State ◽  
Right To Life ◽  
England And Wales ◽  
Police Contact ◽  
Dynamic Relationship ◽  
State And Society ◽  
The Right

AbstractThis paper examines the role of coroners in investigating and reporting on cases of death after police contact (DAPC) in England and Wales. It considers how Article 2 (the right to life) of the European Convention on Human Rights (ECHR) has affected coronial processes and practices. It argues that the effects of Article 2 represent an evolutionary shift in accountability processes surrounding cases of DAPC in England and Wales, but that this shift has in turn been mediated by aspects of institutional structure in the coronial system. It discusses how this shift demonstrates the dynamic relationship between the coronial system, state and society and how this has continued to evolve as a result of external demands.

Protecting the Rights of People with Mental Disabilities:The European Convention on Human Rights

2002 ◽  
Vol 9 (4) ◽  
pp. 293-320 ◽  
Author(s):  
Oliver Lewis
Keyword(s):  
Human Rights ◽  
Social Reform ◽  
European Convention ◽  
Mental Disability ◽  
Mental Health Legislation ◽  
Degrading Treatment ◽  
The Right ◽  
Health Legislation ◽  
Relative Scarcity

AbstractThis paper will analyse the essential legal requirements of the European Convention on Human Rights which touch on the lives (and deaths) of people with mental disabilities. It will examine the procedural safeguards which must be followed when involuntarily detaining a person under mental health legislation; access to a court to test the lawfulness of detention; the requirement to be free from torture, inhuman or degrading treatment or punishment; the right to respect for private and family life, home and correspondence; and the right to life, including investigation after a death. The paper will discuss some of the factors which explain the relative scarcity of mental disability cases decided by the Strasbourg Court. In conclusion there will be an examination of the role of lawyers and other key players in mental disability, and how stakeholders can move forward to prompt much needed social reform.

scholarly journals POLICE BAIL WITHOUT CHARGE: THE HUMAN RIGHTS IMPLICATIONS

2010 ◽  
Vol 69 (3) ◽  
pp. 529-560 ◽  
Author(s):  
Ed Cape ◽  
Richard A. Edwards
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Criminal Offence ◽  
Recent Origin ◽  
The Right ◽  
Article 5 ◽  
Changing Role ◽  
First Time

Whilst the power of the police to release a person on bail prior to trial has existed for centuries, the power to release on bail a person suspected of but not charged with a criminal offence has been available to the police only since 1925. The power to attach conditions to pre-charge bail is of very recent origin, having been introduced for the first time in 2003 but rapidly expanded since then. Whilst imposing restrictions on the liberty of a person should, constitutionally, be reserved to the judiciary, the fact that it was originally conceived, in part at least, as a mechanism for enhancing liberty reduced the constitutional tension created by allowing members of the executive such powers. However, the changing role of arrest in the investigation of crime and the granting of extensive powers to the police to impose bail conditions means that the police now have the ability to place controls on people not charged with a criminal offence for extended periods of time. It is argued here that this is in breach of the right to liberty under Article 5 of the European Convention on Human Rights and, in practice, may also breach other Convention rights.

scholarly journals papel del artículo 8 CEDH en la construcción del margen de apreciación nacional y la doctrina de las obligaciones positivas del Estado

2020 ◽  
Author(s):  
Lara Redondo Saceda
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Case Law ◽  
European Convention ◽  
Derechos Humanos ◽  
European Court ◽  
Margin Of Appreciation ◽  
The Right

El artículo 8 del Convenio Europeo de Derechos Humanos –que protege los derechos al respeto la vida privada y familiar, el domicilio y la correspondencia– se ha configurado en estos setenta años de Convenio como uno de los escenarios habituales del desarrollo del margen de apreciación nacional y la doctrina de las obligaciones positivas del Estado. Esto parece justificarse en el contenido y estructura de este artículo y en las restricciones y limitaciones al ejercicio de estos derechos establecidas por su párrafo segundo. En este marco, el objetivo de este artículo es analizar cuál ha sido el papel del artículo 8 CEDH en el desarrollo de estos estándares interpretativos y cómo ha influido en la jurisprudencia del Tribunal Europeo de Derechos Humanos. Article 8 of the European Convention on Human Rights –which protects the right to respect for private and family life, home and correspondence– has been configured as a traditional place for the development of the margin of appreciation and the doctrine of State’s positive obligations. The scope and structure of this article and its limitation clause in the second paragraph seem to justify these developments. In this context, the objective of this article is to analyse the role of Article 8 ECHR in the development of these interpretative standards and its influence in the European Court of Human Rights case-law.

scholarly journals “Post-Soviet sexual revolution”: history and modernity. Group Discussion

Inter ◽  
2019 ◽  
Vol 11 (17) ◽  
pp. 7-32
Author(s):  
Olga M. Zdravomyslova
Keyword(s):  
Group Discussion ◽  
Sexual Revolution ◽  
Soviet Bloc ◽  
Reproductive Decisions ◽  
The West ◽  
Men And Women ◽  
Wide Range ◽  
The Family ◽  
The Right

The group discussion at March 30, 2018 covers a wide range of problems related to modern sexuality, social norms that regulate it, and the historical circumstances that influenced these norms. In the speeches of the participants, three generations of the sexual revolution in Russia are designated: the generation of the behavioral revolution, the generation of the discursive revolution and the generation of the gender revolution. It considers the Bolshevik gender reforms, expressed in the adoption of laws aimed at changing the role of women in the family and society and changing the basis of relations between men and women due to legislative consolidation of gender equality. The authors point out fundamental differences in the pace and nature of gender modernization in Western countries and in Russia, expressed in the fact that in the West, the consequences of the “sexual revolution” of 1968 significantly changed the behavior of both men and women, in the countries of the Soviet bloc only female roles have changed. It is noted, however, that although men show a growing interest in active fatherhood, women in the majority reserve the right to make all reproductive decisions on their own.

The European Convention on Human Rights and the European Court of Human Rights as Guardians of Fair Criminal Proceedings in Europe

2019 ◽  
pp. 88-114
Author(s):  
Bettina Weisser
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Public Hearing ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
European Court ◽  
The Right ◽  
Procedural Rights

This chapter discusses the role of the European Convention on Human Rights (ECHR) and the European Court of Human Rights (the Court) in safeguarding fair criminal proceedings in Europe. In particular, it analyzes the procedure-related guarantee of a fair trial and its various implications as they are laid down in Article 6 ECHR and shaped by the case law of the Court. The chapter first provides an overview of the general procedural guarantees under Article 6, section 1, focusing on the independence and impartiality of the tribunal, right to a fair hearing (equality of arms, the right to remain silent and the privilege against self-incrimination, entrapment), public hearing, and hearing within a reasonable time. It then considers procedural rights in criminal proceedings under sections 2 and 3 of Article 6, along with the presumption of innocence under section 2 and specifically listed minimum rights in criminal proceedings under section 3.

scholarly journals Role of the European Court of Human Rights in realization of social security right

2020 ◽  
Vol 2 (2) ◽  
pp. 55-63
Author(s):  
Lyusya Mozhechuk ◽  
Andriy Samotuha
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Occupational Injuries ◽  
Case Law ◽  
European Convention ◽  
Constitutional Court ◽  
Economic Rights ◽  
European Court ◽  
The Right

The article deals with the role of the European Court of Human Rights (ECtHR) in protecting the right to social security. There is the analysis of the case law of the ECtHR on the violation of the right to social security, namely the right to receive a pension, which the ECtHR classifies as property rights. The authors have outlined the ways to improve the practice of the ECtHR in this area in modern national and world socio-economic conditions. According to available estimates, around 50 per cent of the global population has access to some form of social security, while only 20 per cent enjoy adequate social security coverage. Ensuring an ap-propriate mechanism for the protection of human and civil rights is a priority for every country. However, according to case law, the number of complaints of violations or non-recognition of their rights is growing every year. An important role in the protection of human rights in today's conditions is played by an international judicial body - the European Court of Human Rights. In Ukraine, where socio-economic rights are recognized at the constitutional level, their guarantee content in the current laws is still not clearly defined, and therefore, as evidenced by the practice of the Constitutional Court of Ukraine, legal mechanisms their protection, in particular the means of judicial control remain ineffective. The right to social security is the right to access and retention of benefits, both in cash and in kind, without discrimination in order to protect, in particular, against (a) lack of income from work caused by illness, disability, maternity, occupational injuries , unemployment, old age or death of a family member; (b) inaccessible access to medical care; (c) insufficient family support, especially for children and adult dependents. It is well known that the European Convention does not contain many socio-economic rights as such (with a few exceptions - protection of property and the right to education). Thus , the former president of the ECtHR Jean-Paul Costa specifically pointed to another important European human rights treaty – the European Social Charter. Human rights are a universal value, and their protection is the task of every state. The European Court of Human Rights plays an important role in protecting human rights in modern conditions. The functioning of such an international judicial institution can not only solve a problem of protection of violated rights, but also affect the development of the judicial system of each state. The main principle of realization and judicial protection of social rights is non-discrimination on the grounds of sex, age, race, national and social origin of the individual, and the role of auxiliary institutions of the Council of Europe in generalizing and improving the ECtHR’s activity has been emphasized.

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