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with European Court of Human Rights as keyword

Hong Kong anti-human trafficking framework: what lessons can be learned from Europe?

Published in Frontiers in Sociology

This article examines the regulatory framework related to human trafficking in Hong Kong and identifies its deficiencies as the lack of an accepted internationally compliant definition of trafficking and the absence of any specific criminal offence of trafficking as a result. The article compares the approach taken in Hong Kong to efforts undertake...

The Personal Identity of the Human Being and the Right to Privacy from the Perspective of Standards of the European Cour...

Published in Białostockie Studia Prawnicze

This article seeks to present the problem of the personal identity of the human being as an important element of the right to one’s private life being respected. The presentation is from the point of view of the guarantees related to the establishment of standards for the protection of human rights by the European Court of Human Rights in Strasbour...

Secularism as a human right: learning from the European Court of Human Rights

Published in Frontiers in Sociology

Secularism is conventionally (and somewhat misleadingly) defined as the separation of state and religion. This article offers an alternative and more refined concept of secularism as a normative political principle of social peace within the context of diversity. The argument that secularism, so understood, lies at the core of a notion of human rig...

Ethnic Aspects of the 2022 Hungarian Parliamentary Elections with Special Reference to the Slovene National Minority

Published in Treatises and Documents, Journal of Ethnic Studies / Razprave in Gradivo, Revija za narodnostna vprašanja

The 2022 parliamentary elections in Hungary offered for the third time an opportunity for national minorities to elect their representative by casting a preferential vote for their Member of Parliament. However, the failure of the list of representatives of the most numerous ethnic group, the Roma, and the ruling of the European Court of Human Righ...

The Child’s Right to Establish and Preserve his or her Identity. Legislative and Case-Law Considerations

Published in Journal of Legal Studies

In each state there are certain vulnerable categories of population: children, elderly, disabled people, who need special protection in order to realize their rights. Among them, there are children, whose rights are explicitly regulated in Romania by Law nr. 272/2004 on the protection and promotion of children’s rights, but also in other related la...

Court of Justice of the European Union or European Court of Human Rights – Is There a ‘Supreme Court of Europe’?

Published in ICL Journal

In Europe, judicial review is not only exercised by courts within the states. Additionally, there are two European Courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR). This chapter shows first their respective function with respect to judicial review. In a second step, it put its emphasis on the relationship...

Court of Justice of the European Union or European Court of Human Rights – Is There a ‘Supreme Court of Europe’?

Published in ICL Journal

In Europe, judicial review is not only exercised by courts within the states. Additionally, there are two European Courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR). This chapter shows first their respective function with respect to judicial review. In a second step, it put its emphasis on the relationship...

Rethinking Dignity and Exploitation in Human Trafficking and Sex Workers’ Rights Cases

As forced migration increases dramatically due to such factors as climate change, rising conflict, and authoritarianism, more legal cases on human trafficking and sex work are sure to arise. To date, very few cases on these issues have been decided in international human rights tribunals, and they have been subject to extensive criticism, especiall...