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Due to the war against Ukraine, the European Union Temporary Protection Directive, establishing a new migration status of temporary protection, was activated for the first time. The substance of the minimum requirement for providing healthcare services in the Directive appears unclear but is supposed to correspond to human rights standards. This article analyses the standards established in the European Social Charter (revised), recognising several health-related rights. The paper clarifies the material scope of health-related rights and analyses to what extent the Charter applies to persons enjoying temporary protection. The application of health-related rights in the Charter varies depending on citizenship, whether refugee status was additionally sought, and whether a person is seen as a resident or regular worker. The study indicates ambiguity in the position of this group and how the European Social Rights Committee may include it in the scope of protection.
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Article 3 of the European Convention on Human Rights (echr or Convention) is currently not understood to apply when Council of Europe member states export goods that could be used for torture, the death penalty, or other ill-treatment in third states. In 2021, the Committee of Ministers of the Council of Europe recommended states to take measures against trade in such goods, also recalling Article 3 echr. Following an analysis of relevant rules in the EU Anti-Torture Regulation, the UN Convention Against Torture, and the echr, the paper demonstrates how Article 3 echr may be interpreted so as to apply to export. As the person (at risk of) suffering torture, the death penalty, or other ill-treatment will be located abroad, the paper examines three alternative models for extraterritorial jurisdiction. It concludes that, at a minimum, the Convention could accommodate an obligation to investigate after an export has taken place.
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Life without parole is increasingly recognised as another death penalty in dooming prisoners to die behind bars. On the tenth anniversary of the ECtHR’s landmark Vinter decision, abolitionism and retentionism characterise its state in Europe. In abolishing irreducible life sentences, Vinter crystallised a long-term evolution in prisoners’ rights since the Enlightenment. Meanwhile, enduring animosity towards prisoners has led to their rights repeatedly becoming the stage for wider debates concerning the legitimacy of European institutions. The United Kingdom’s threats to leave the ECtHR notably enabled it to exempt itself from Vinter. Still, the European project retains numerous supporters, which helps explain why the abolition of life without parole is making progress in continental Europe, as compared to the United States, Canada, Australia, and New Zealand. Ultimately, the article demonstrates that prisoners’ rights are both a microcosm of broader questions regarding European integration and a benchmark of human dignity’s historical evolution.
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In this paper I discuss an approach I have termed, “Child as method”, which I suggest provides some useful perspectives on child rights debates and concerns, specifically in connecting these with the realm of the geopolitical and, beyond that, insisting on how such connections deepens understanding of their significance. Building on previous work examining the relations and “translation” processes between global and local in the (re)formulation and implementation of child rights instruments, a conceptualisation of geopolitical context is presented as constitutive of the range of theories and practices surrounding child rights, and vice versa. The feminist and postcolonial conceptual resources informing Child as method are outlined, with examples offered of specific projects that have used this in child rights-related work. It is suggested that, far from diminishing the relevance and utility of Child as method, the non-child-centred assumptions underlying this approach might helpfully promote ways of working with and for children and young people, based on solidarity rather than, for example, the discretionary humanism structured within prevailing notions of recognition or identification.
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The paper analyses how the European Court of Human Rights (ECtHR or the Court) assesses evidence when states conceal border practices, such as pushbacks, comparing the Court’s approach in those cases to that in enforced disappearance cases. In both types of cases, states deny that the conduct – which would have violated human rights – has taken place and provide neither the applicants nor the Court with evidence. While surface examination of the relevant case law could suggest that the ECtHR shifts the burden of proof in the same way in both sets of cases, I demonstrate that the Court expects applicants in covert border enforcement cases to provide stronger evidence, which is then labelled as prima facie evidence. I argue that the burden of proof should be shifted in the same way in both scenarios, as the position of the victims and the availability of evidence is strikingly similar.
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Child participation is considered crucial for the authorities’ ability to protect children from violence – yet children’s actual participation is limited, and participation and protection rights under the UN Convention on the Rights of the Child are often understood as opposites. This article aims to explore children’s rights to participation and protection against violence in Swedish social services’ handling of violence against children. Child welfare reports, investigations and child social records, were analysed using quantitative content analysis and thematic analysis. Insufficient conditions for child participation and poor access to protection and support were indicated. Upon closer analysis of cases that did not lead to protection or support, different aspects of an overarching theme, The Protection Paradox, were identified, which meant protection against participation or unprotected autonomy.
Short Talks on the Weightier Matters of Law and Religion
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"Table talks" have long been a familiar genre of writing for jurists, theologians, politicians, and novelists. In this little volume, leading law and religion scholar John Witte offers thirty sage reflections on how to thrive in law school and in the legal profession; short commentaries on controversial matters of faith, freedom, and family; pithy sermons on difficult biblical texts about law and justice; and touching tributes to a few of his fallen heroes. Most of the thirty texts gathered here were made at seminar tables, academic roundtables, editorial tables, and Eucharist tables. Cast in avuncular form, these texts probe what makes life worth living, work worth doing, history worth reading, and Scripture worth heeding. They aim to provide inspiration and edification for readers at different stages of their lives.
Short Talks on the Weightier Matters of Law and Religion
Author:
"Table talks" have long been a familiar genre of writing for jurists, theologians, politicians, and novelists. In this little volume, leading law and religion scholar John Witte offers thirty sage reflections on how to thrive in law school and in the legal profession; short commentaries on controversial matters of faith, freedom, and family; pithy sermons on difficult biblical texts about law and justice; and touching tributes to a few of his fallen heroes. Most of the thirty texts gathered here were made at seminar tables, academic roundtables, editorial tables, and Eucharist tables. Cast in avuncular form, these texts probe what makes life worth living, work worth doing, history worth reading, and Scripture worth heeding. They aim to provide inspiration and edification for readers at different stages of their lives.
Abstract
The illicit trade in body parts in Bangladesh has been well-documented by both the media and academic scholarship. However, there is limited research addressing the question of the role of the law in preventing the trade and delivering criminal and remedial justice. Through a case study, this article critically evaluates the adequacy of Bangladeshi anti-trafficking law to criminalise organ trafficking whilst also ensuring victim protection. The analysis draws out three key gaps in the application of the law to achieve justice: vague laws related to organ trafficking; poor implementation of existing laws; and absence of adequate policies. We argue that gaps in international law (either their content or their application to Bangladesh), combined with problems relating to capacity, have negatively impacted domestic laws relating to organ trafficking.
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The education sector is prone to corruption because of the substantial amount of allocated funds and complex administrative layers that govern it. This article discusses the human rights-based approach to analyse corruption in the education sector in Indonesia. The data concerning education sector corruption are based on the judgment collection from the Corruption Eradication Commission Annual Reports from 2004 to 2018. Education sector corruption is classified into three types: grand corruption in procurement projects, obstruction of justice, and corruption related to decentralisation. The analysis showed that Indonesia’s efforts to realise the right to education cannot be achieved effectively and efficiently due to corruption. The human rights approach is used to formulate recommendations to combat education sector corruption to successfully realise the right to education. This article recommends that Indonesia must ensure the implementation of transparency and accountability in law, policy, and governance because corruption thrives where the State’s monopoly of power and discretion exists without accountability and transparency.
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With the legislative proposals presented as the New Pact on Migration and Asylum on 23 September 2020, the European Commission sought to overcome the political impasse in reform efforts of the Common European Asylum System. A key element of this legislative package is the broader use of border procedures. The rationale is that by ‘keeping’ certain asylum seekers at the borders or in transit zones, return policies would become more effective. This paper undertakes a legal assessment of the proposed border procedures in light of legal obligations arising from the Human Rights to liberty and freedom movement. It argues that the qualification of asylum seekers’ entry as unauthorised seemingly pushes into a gap in human rights law, allowing for detention and area-based restrictions. However, a reconstruction of the applicable human rights standards shows that the blanket use of such measures is in fact unlawful, such that the proposal will have to be amended in that regard.