European Convention on Human Rights Law Review最新文献_第8页

Liberal Values, Covid-19 and the Judiciary 自由价值观、Covid-19和司法

European Convention on Human Rights Law Review Pub Date : 2020-11-18 DOI: 10.1163/26663236-bja10010

Ineta Ziemele

{"title":"Liberal Values, Covid-19 and the Judiciary","authors":"Ineta Ziemele","doi":"10.1163/26663236-bja10010","DOIUrl":"https://doi.org/10.1163/26663236-bja10010","url":null,"abstract":"Europe has, for a long time, taken credit for its human rights record and human rights architecture, created after two devastating wars during the 20th century. The very ideas of freedom, equality and the rule of law represent, however, a much longer journey which resulted in these three values placed at the centre of the last century’s liberal worldview. Moreover, it is often overlooked that at a deeper conceptual level these values are not necessarily in perfect harmony with each other. Probably the relationship between freedom and the rule of law conceptually constitutes the most complex problem. Along with the redeeming of a free human being came the risk of taking freedom to the extreme, to the detriment of other individuals or even an entire civilisation. Freedom properly needs to come with some boundaries, but at the same time freedom and boundaries appear to be self-contradictory. These dialectics are, in fact, essential to a free society. They and the interaction between them bring about a liberal society. As Philip Allott put it: ‘Societies constitute themselves in the form of ideas [...] Ideas are the biology of the human mind. [...] The health of a society, its degree of well-being, is determined by the ideas which take actual effect in the process of its day-to-day self-constituting as a society.’1 Since it is inherent in every free human being constantly to evolve, human societies as such continue to evolve. With a variety of factors and triggers, however, it is not easy to foresee how society will react to each one and which direction it will take in this continuing selfconstituting process. In other words, there is an incredible strength in freedom and a free society, and there are great risks associated with it. The agreement of a free society to have the rule of law for a more balanced and orderly development of the society’s self-constituting ideas is therefore necessary as a","PeriodicalId":306057,"journal":{"name":"European Convention on Human Rights Law Review","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128907969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Abstract and Concrete Reasonableness Review by the European Court of Human Rights 欧洲人权法院的抽象与具体合理性审查

European Convention on Human Rights Law Review Pub Date : 2020-11-18 DOI: 10.1163/26663236-bja10005

J. Gerards

引用次数: 2

Are the Tools of the Council of Europe Sufficient to Protect Human Rights, Democracy and the Rule of Law from Backsliding? 欧洲委员会的工具足以保护人权、民主和法治免于倒退吗?

European Convention on Human Rights Law Review Pub Date : 2020-11-18 DOI: 10.1163/26663236-bja10011

W. Benedek

{"title":"Are the Tools of the Council of Europe Sufficient to Protect Human Rights, Democracy and the Rule of Law from Backsliding?","authors":"W. Benedek","doi":"10.1163/26663236-bja10011","DOIUrl":"https://doi.org/10.1163/26663236-bja10011","url":null,"abstract":"Recent years have seen a trend towards populism, nationalism and authoritarianism which has resulted in a backlash for human rights, democracy and the rule of law. The trend has also affected member states of the Council of Europe (CoE), from the Russian Federation to Turkey and from Hungary to Poland or Serbia, to mention just a few examples. Some explicitly or implicitly see themselves as ‘illiberal democracies’, deliberately departing from the values of the CoE. What can be said about the resilience of the institutions of the CoE? Have they been able to counter the trend of backsliding by using the variety of tools at their disposal? An additional challenge has been brought about by the covid-19 pandemic which has led to sweeping restrictions of basic human rights in practically all member states of the CoE. Again, the question needs to be asked whether the response by the CoE has been adequate to prevent disproportionate restrictions and ensure a speedy return to normality. The CoE and its key human rights document, the European Convention on Human Rights (echr), have just celebrated 70 years of existence. In the course of its history it has seen many challenges, among them the Greek dictatorship in the 1960s. Based on findings of its human rights body, the organisation was ready to suspend this member state which led to a temporary withdrawal of Greece from the CoE. The organisation has also experienced a doubling of membership, largely due to the accession of formerly Communist-ruled","PeriodicalId":306057,"journal":{"name":"European Convention on Human Rights Law Review","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127135722","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The European Convention on Human Rights and General International Law, edited by Anne van Aaken and Iulia Motoc 《欧洲人权和一般国际法公约》，由安妮·范·奥肯和尤利亚·莫托克编辑

European Convention on Human Rights Law Review Pub Date : 2020-11-18 DOI: 10.1163/26663236-00102002

Antal Berkes

引用次数: 1

Normal as Usual? Human Rights in Times of covid-19 一切如常?2019冠状病毒病时期的人权

European Convention on Human Rights Law Review Pub Date : 2020-11-18 DOI: 10.1163/26663236-00102001

Vassilis P. Tzevelekos, K. Dzehtsiarou

{"title":"Normal as Usual? Human Rights in Times of covid-19","authors":"Vassilis P. Tzevelekos, K. Dzehtsiarou","doi":"10.1163/26663236-00102001","DOIUrl":"https://doi.org/10.1163/26663236-00102001","url":null,"abstract":"When we started drafting this editorial note, the coronavirus had not yet become a global threat. Our initial plan was to use this note to remind readers of the 50th anniversary in December 2019 of Greece’s withdrawal from the Council of Europe. Withdrawing was a means for the dictators who ruled Greece at that time to avoid the embarrassment of the impending expulsion of Greece from the Council of Europe in the aftermath of the emblematic Greek case.1 We would then connect the dots between this instance in the history of the Council of Europe and the recent emergence of illiberal democracies in Europe. Our ambition was to ask how the Council of Europe can rise to this new challenge and use its multifaceted apparatus effectively to react and possibly to sanction this alarming phenomenon. The two thought-provoking guest editorial notes by Professor Wolfgang Benedek and Judge Ineta Ziemele that we have the privilege to publish in this issue treat this question in some detail. The pandemic obliged us essentially to rewrite this editorial note. Evidently, this is a truly minor inconvenience compared with the impact that the pandemic has had – and continues to have – on people’s everyday lives or on the global economy, and with the feeling of vulnerability and fragility with which covid-19 has endowed humanity. Emergencies call for extraordinary measures. Inevitably, such measures interfere with human rights. Some of these interferences are direct, thus also easier to recognise. For instance, lockdown policies clash with and restrict a number of fundamental liberties. Other types","PeriodicalId":306057,"journal":{"name":"European Convention on Human Rights Law Review","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116202047","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4