Browsing by Subject "administration of justice"
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ItemAccess to justice and human rights: the recognition of customary justice systems( 2011) Roque, Rita : Almeida Sutil ; Suksi, Markku ; Myntti, KristianThere is an increasing development and institutionalization of customary justice systems in the legal order of several countries in the world. These justice mechanisms are recognized for providing an affordable and culturally relevant remedy to the population, in a more simplified and accessible way. Hence they are considered as useful tools to enhance the access to justice. Bearing in mind some of the human rights challenges associated with the use of customary justice systems, it is essential to ascertain if the main human rights that comprise the access to justice can be respected. In the General Comment No.32, concerning the right to equality before courts and tribunals and to a fair trial, the Human Rights Committee acknowledged that the customary courts recognised in the State legal order fall under the human rights provisions of article 14 of the ICCPR. This thesis examines the human rights obligations and the normative orders of States that have recognised customary justice systems and concludes that there are still numerous difficulties in complying with the established human rights provisions. Furthermore, it considers that, in the current circumstances, the human rights obligations of the States should be additionally defined and promoted.
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ItemAccess to Justice for Persons with Disabilities in Kenya: from Principles to Practice(Global Campus of Human Rights, 2020) Macharia, Wilson ; Mezmur, Benyam Dawit ; Mutambasere, SusanApproximately 15% of the world’s population experience a form of disability, with a significant number of them experiencing a severe disability. According to the 2019 Kenya Population and Housing Census, about 2.2% of all Kenyans have a form of disability; with the most prevalent types of disabilities being mobility-related. These persons with disabilities face disproportionate marginalisation, which results in broad ranging restrictions on their full and effective participation in society. This marginalisation is further exacerbated by social, structural and legal barriers which impede their access to justice, a fundamental right, and a prerequisite for the realisation of other rights guaranteed across local and international human rights instruments. The international community has shifted towards a human rights approach which is aimed at enhancing effective participation of persons with disabilities on an equal basis with others. Kenya has expressed its commitment towards this approach through ratifying international human rights instruments such as the United Nations Convention on the Rights of Persons with Disabilities which forms part of Kenyan law pursuant to article 2(6) of the Constitution of Kenya 2010. Article 13 of the Convention requires access to justice for persons with disabilities to be enhanced at all phases of the administration of justice. This notwithstanding, access to justice for persons with disabilities in Kenya remains an unfulfilled desire. Against this background, this thesis seeks to identify the main challenges and practices that impede access to justice in the Kenyan justice system with a specific focus on persons with disabilities, with the aim of suggesting possible solutions that can aid in solving this paradox. It achieves this through examining- the nature and scope of the right of access to justice for persons with disabilities; the recognition of the right of access to justice for persons with disabilities in the Kenyan and international legal framework; the barriers that hinder the full and effective participation of persons with disabilities in the Kenyan justice system, with a specific focus on the courts; and the steps that Kenya should take to eliminate the identified barriers.
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ItemAccess to justice in Poland and length of proceedings as the main obstacle to access to justice in Poland( 2010) Augustyn, Zofia ; Zwart, TomThe right to access to justice is one of the fundamental human rights and can be found in most important human rights treaties. Like with almost every human right, there are a number of problems which create a gap between the reality and an ideal access to justice. As access to justice is a very complex term, also the variety of problems connected with access to justice is very broad. This paper will examine the length of proceedings as the main obstacle to access to justice in Poland. The first part of this paper is introduction of the term access to justice and different aspects of this term. First chapter includes also historical background of the access to justice. Second part, concerns law instruments, which guarantee, the right to be tried within reasonable time, as one of the crucial factors, of the access to justice. The third part includes the criteria of the right to be tried within reasonable time in jurisprudence of the European Court of Human Rights and deals with possible sources of the delays of the proceedings in the Polish courts. The last part concerns possible ways of improvement of the right to be tried within reasonable time in Poland.
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ItemAdministration of indigenous justice : limits and scope of indigenous legal systems based on the plural control of constitutionality of the Plurinational Constitutional Court of Bolivia(Global Campus, 2017-09-20) Patzi Condori, Israel Leonardo ; Kreimer, OsvaldoThis paper offers an analysis of the essential aspects of the collective human right to the administration of justice of the Native Indigenous Peoples and Nations in the Plurinational State of Bolivia, based on the role of the Plurinational Constitutional Court. Bolivia’s constitutional reform of 2009 led to the implementation of a new State model designed in the light of pluralism, interculturality and decolonisation, the guiding criteria from which the Native Indigenous Campesino Nations and Peoples are recognised the right to administer their own justice, with the sine qua non of respecting the fundamental rights established in the Political Constitution of the State and the Constitutionality Block (which ensures the validity of the international corpus jure of Human Rights). Based on the above, our research focuses on the application of the Plural Control of Constitutionality of the Plurinational Constitutional Court, understood as a new paradigm in the light of comparative law establishing the scope and limits of the administration of indigenous justice. KEYWORDS: Native Indigenous Campesino Nations and Peoples - Plurinational Constitutional Court - Administration of native indigenous campesino justice
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ItemCriminal accountability for violations of human rights and humanitarian law in Kosovo( 2006) Hasani, Avni ; Schabas, William A.This master’s thesis aims to elaborate the legal framework as well as judicial actions for prosecution of those responsible for commission of serious violations of international humanitarian law and human rights in Kosovo. The aim of this study is to conduct an indepth analyse of the existing international and domestic legislation and other existing measures for trying war crimes perpetrators in Kosovo. The issue of accountability for atrocities is a major problem that needs to be addressed in post-conflict and post-war societies. This thesis tries to argue that there has not been an adequate human rights response and criminal accountability to all alleged violations of human rights and international humanitarian law, committed during the Kosovo conflict. Impunity for violations of the international humanitarian law can create an obstacle to achieving a lasting peace and can encourage further horrendous crimes. The creation of the ICTY in 1993 was a landmark moment in the history of international efforts to bring the conduct of war under a certain degree of rule of law and to hold those responsible for transgressing international humanitarian law. The ICTY and the domestic courts are tools for promoting reconciliation and restoring true peace. It is strongly believed that the prosecution of war crimes in Kosovo by both ad hoc tribunal and domestic courts is crucial in promoting justice and reconciliation and in addressing human rights and humanitarian law violations. This thesis explores that purely international tribunals, such as the ICTY, have a limited capacity to prosecute only the most egregious suspects and are not perceived as legitimate by the local population belonging to the conflict. At this stage of the justice system in Kosovo, if the prosecution is left to the domestic system that lacks both capacity (physical infrastructure and resources) and legitimacy, will not work to accomplish the objectives of post-conflict justice: combating impunity and reconciliation.
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ItemDemocratic Republic of the Congo: giving traditional and informal justice systems a chance( 2005) Quagebeur, Femke ; Vinodh, J.
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ItemThe European human rights enforcement systems effect on the human rights situation in Turkey( 2004) Bayir, Derya ; Mowbray, Alistair
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ItemThe European Union's programmes on reconstructing the judicial system and delivering justice in post-genocide Rwanda. A pattern to be followed or lessons to be learned?( 2003) Styp Rekowski, Adam Tadeusz ; Benoît-Rohmer, Florence
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ItemForeign agents or human rights defenders? The protection of non-governmental organisations in Russia vis-à-vis Council of Europe model : case study of 2012 "Law of Russian Federation on Foreign Agents"( 2013) Skalova, Marie ; Simons, William BThis thesis examines the compatibility of the Russian framework for protection of non- governmental organisations (NGOs) in law and practice with the model approved by the Council of Europe. While NGOs are recognised as legal personalities and subjects to international law by the Strasbourg system and as key elements of a pluralist democracy, the Russian system does not protect them in the same manner. The author of this thesis argues that the main reason why Russia does not recognise NGOs as ‘equal partners’ is because they may be perceived as a ‘danger’ to its sovereignty and state-centred approach to international law. The thesis focuses on the ‘Law on Foreign Agents’ adopted in 2012 that regulates mainly Russian human rights NGOs. As a result of a legal analysis, the author finds that the individual rights to freedom of assembly and association and expression are not respected in Russia. The issue of protection of NGOs represents yet another landmark in the Russia-Council of Europe human rights partnership which has been since its beginning a ‘battle’ of sovereignty versus interference in the state affairs. Therefore, there still remains a question whether the Western model of individual rights is applicable to the Russian context with its socio- cultural and political specificities.
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ItemFreedom of expression and challenges posed by article 301 within Turkish context( 2008) Ozvardar, Kivanc ; Pace, VincentBackground: Pointing out the freedom of expression as essential component of the pluralist, tolerant and genuine society, the study analyzes its philosophical ground and justifications for its restrictions as an unlimited freedom as well. The sine qua non character of freedom of expression, illustrated by starting its definition as a notion is examined in particular European Court of Human Rights showing that Article 10 of the Convention that protects this right, is applicable not only to ‘information’ or ‘ideas’ that are favorably received or regarded as inoffensive or as a matter of indifference, but also to those that offend even basic values of a democratic society. Results: Setting the theoretical framework of the freedom of expression with examples from European case law, right to critics is examined focusing specific case of Article 301 of Turkish Penal Code. First, the inclusiveness of freedom of expression especially criticisms for a progressive in a democratic society is summarized illustrating shortcomings resulted by the highly controversial article. Secondly, with a comparative analysis of different voices both inside and outside Turkey, results indicates the necessity of a comprehensive approach in order to meet the requirements of pressing social need and proportionality of legitimate aim pursued for proper justification of restrictions. Conclusions: A practical analysis of the extent of freedom of expression and its derogations in case of article 301 of Turkey, backed by political, historical and social analysis of the specific context, insufficient justification of its restrictions play significant role in promulgation of challenges, divisions and social affiliations illustrate that a comprehensive vista both inside and outside, past and future is crucial.
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ItemGender invisibility and the best interests of the child in the administration of justice: analysis of the request for house arrest by Ana María Fernández(Global Campus, 2016-11) Comas, Rocio ; Terragni, MartinianoThis study looks at the application of house arrest in case law after the reform of Law No. 24,660 on the enforcement of deprivation of freedom in Argentina. This change increases the number of cases in which confinement is moderated, such as when pregnant women and/or mothers of children under the age of five are involved. This study analyses Ana María Fernández’s request for house arrest by interpreting the arguments made by judicial officers using three main tools: gender perspective, the best interests of the child and the hermeneutics of human rights.
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ItemGlobal Study Toolkit. Ending Deprivation of Liberty of Children: a Review of Promising Practices. ADMINISTRATION OF JUSTICE(Global Campus of Human Rights, 2022-04) Sax, HelmutThis toolkit is a series of publications, all of which build on the findings and recommendations of the UN Global Study on Children Deprived of Liberty, an extensive study that analyses different areas in which children are deprived of their liberty. This tool provides illustrations of States practices across the world correlating with the recommendations of the Global Study in the field of administration of justice. An interactive version containing promising practices on all the Global Study areas can be found under www.nochildbehindbars.com
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ItemImplementation of the European Court of Human Rights judgments in the Armenian legal system( 2013) Safaryan, Tigran ; Jacqué, Jean-PaulThe Convention for the Protection of Human Rights and Fundamental Freedoms can be implemented in national legal systems only by prompt and effective implementation of the European Court of Human Right’s judgments. The need for effective implementation of the European Court’s judgments is one of actively discussed topics within the Council of Europe. It is extensively linked with the need to increase the efficiency of the European Court and the principal of subsidiarity. In this thesis the effectiveness of measures taken by Armenian authorities is examined. This research approaches the issue of effective implementation as a vital for Convention system. Indeed, if the judgments are not implemented in national legal systems, the authority and efficiency of the whole Convention system is at stake. It is argued that Armenia being relatively “new” member to the Council of Europe, experienced some gap with the European standards. Nonetheless, in last decade Armenia took some measures in order to create an effective system of implementation of the Court’s judgments and in some cases applied proactive approach by making conclusions from judgments against other member states. Nevertheless, it is concluded that there is a room for improvements and Armenian authorities should activate their efforts.
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ItemIndigenous justice systems in Guatemala: barrier or opportunity for women?( 2010) Eger, Kristina ; Munro, VanessaIndigenous justice systems have often been criticised for violating women’s rights, yet it is not clear how justice systems in communities with changing power structures and influences from both ladino and indigenous migrants treat women’s conflicts. Based on interview material from a qualitative field study in three communities in Guatemala, this study aims to answer the question to what extent and in what way the community justice systems respond to rural and indigenous women’s conflicts. Women in the research area faced particular conflicts, especially domestic violence and violations of their property rights, yet these were rarely resolved in their communities. This was partly due to women’s reluctance to report their problems to community authorities because of a lack of information, confidence, confidentiality, fear of reprisal and alternative forums. Yet, even when women reported their conflicts, these were often rejected or not resolved satisfactorily in community reunions because of discrimination, power imbalances, lack of community support and ineffective agreements. From these findings this study concludes that women in the investigated communities face additional barriers to reporting and treating their conflicts than women in traditional indigenous communities. Human rights reforms have made minor improvements to women’s rights, but have failed to create a human rights consciousness.
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ItemInterference of the media with the excercise of justice: analysis of the effects on the presumption of innocence( 2004) Pondeville, Florence ; Klabbers, Jan
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ItemLa justice a l'epreuve de la protection effective des droits de l'homme dans le pays post-conflit: RD Congo et Rwanda, 1994-2008( 2008) Munazi Muhimanyi, Cyprien ; Frouville, Olivier : deLa RDC et le Rwanda ont connu des conflits meurtriers donnant lieu à une crise humanitaire affreuse. Le règlement des différends après le conflit pose des difficultés. Au niveau législatif, il y a peu d’engagement et de volonté politique. Cela entraîne des lacunes dans l’administration de la justice. Malgré les réformes législatives entreprises, les violations des droits humains continuent, les faiblesses du système de justice persistent et exacerbent l’insécurité juridique. Face aux facteurs empêchant un fonctionnement harmonieux du système judiciaire méritent une attention, les Etats doivent assumer leurs responsabilités, voire coopérer afin d’assurer la mise en oeuvre des droits humains. Notre étude portera sur la justice à l'épreuve de la protection effective des droits humains dans les pays post-conflit: RDCongo et Rwanda. Des questions simples suivantes permettront de réaliser la présente étude : Quels sont les problèmes qui affectent leurs systèmes de justice? Comment affrontent-ils ces problèmes ? Quid des mécanismes juridictionnels en place? Peut-on se satisfaire de l’état actuel de la protection des droits humains dans ces pays? Ce travail débouchera sur la sauvegarde du droit à la protection des droits humains de l’individu en tant que tel par le renforcement des mécanismes juridictionnels et le démarrage d’un organe spécial indépendant.
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ItemLo Studio Globale delle Nazioni Unite sui Bambini Privati della Libertà nel contesto italiano: Incontro di follow-up con rilevanti autorità garanti indipendenti in Italia(Global Campus of Human Rights, 2021) Altafin, ChiaraIl 6 e 7 luglio 2021 il Global Campus of Human Rights ha ospitato un Workshop online al fine di una maggiore sensibilizzazione in Italia sullo Studio Globale delle Nazioni Unite sui Bambini Privati della Libertà (2019) a guida dell’esperto indipendente Prof. Manfred Nowak, attraverso il coinvolgimento di fondamentali interlocutori italiani quali l’Autorità Garante per l’Infanzia e l’Adolescenza, il Garante nazionale dei diritti delle persone private della libertà personale, i Garanti regionali e provinciali per l’infanzia e l’adolescenza, nonché i Garanti regionali delle persone sottoposte a misure restrittive della libertà personale. L’attenzione è stata rivolta a tre ambiti tematici: i bambini che vivono in carcere con i loro caregivers primari, i minorenni privati della libertà nell’amministrazione della giustizia, e i minorenni privati della libertà per motivi legati alla migrazione. Obiettivi principali del Workshop sono stati: (1) presentare i risultati e le raccomandazioni dello Studio Globale; (2) discuterne gli aspetti di particolare importanza nel contesto italiano, evidenziando le buone pratiche, le eventuali criticità e le necessità di miglioramenti (legislativi o nella pratica) a livello nazionale e territoriale alla luce di tali raccomandazioni; (3) condividere e raccogliere informazioni e dati sulle aree considerate; (4) identificare specifiche questioni rispetto alle quali intraprendere/supportare azioni (e.g. legislative, amministrative) e favorire soluzioni concrete, riflettendo sul modo in cui i Garanti indipendenti possono contribuire, nel contesto di una governance multilivello, a migliorare o quantomeno non deteriorare la situazione esistente alla luce di tali raccomandazioni. Tutti i punti di vista espressi sono stati utili a delineare un auspicabile processo di follow-up nei tre ambiti tematici trattati.
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ItemMOOC “Children Deprived of Liberty: Enacting the Recommendations of the UN Global Study”. Report( 2020-11) Melchiorre, Angela ; Pegoraro, ManuelaIn this short report on the MOOC "Children Deprived of Liberty: Enacting the recommendations of the UN Global Study" you will read about the demographics of the audience, feedback on the courseware, what was most liked, and recommendations for improvement. As a follow-up to the MOOC "Children Deprived of Liberty: Learning from the UN Global Study", this MOOC was research-based as it was heavily informed by the work developed by the students of the Global Classroom 2020. Participants demonstrated a high level of appreciation of the course and described it as very relevant for professionals dealing with children.
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ItemMOOC “Children Deprived of Liberty: Learning from the UN Global Study”. Report( 2019-11) Melchiorre, Angela ; Pegoraro, ManuelaIn this short report on the MOOC "Children Deprived of Liberty: Learning from the UN Global Study" you will read about the demographics of the audience, feedback on the courseware, what was most liked, and recommendations for improvement. This was a unique MOOC that was launched simultaneously with the UN Global Study on Children Deprived of Liberty, therefore attracting a lot of interest. Unique insights from the lead author, Prof. Manfred Nowak, and the experts who helped gather data, testimonies and analysis were deemed of the highest value by course participants.
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ItemNGOs in Russia and external actors : comparing the strategies of the Council of Europe and the European Union in promoting non-state actors( 2008) Bardou, Eve-Emmanuelle ; Heller, Regina ; Kahl, MartinThe policy of the CoE and the EU includes a large range of means to promote human rights (HR) and to support NGOs in Russia. The question for CoE and EU policymakers is no longer whether, but how to achieve NGO involvement by bringing changes in Russia’s HR behaviour. This research represents a case study on a new Russian legislation on NGOs from 2006 that aims at restricting the activities of these civil society actors. This analysis argues that current CoE and EU policies have a limited and short-term effect on the development of the Russian NGO community. The two institutions need to concentrate on improving the adequacy of their strategies to foster Russia to respect HR. This paper offers recommendations to adapt their strategies considering the current context of the CoE and the EU relation with Russia. This analysis shows that pressurising the state by a top-down approach should be privileged when the environment for NGOs is too restrictive. However, it seems more adequate to combine this approach with a bottom-up strategy.