In addition to the adoption of U.D.H.R and E.C.H.R, the founding Treaties of the European Communities did not undertake any commitment to the protection of human rights at Community level. An explanation for this is the one that relies on the purpose of creating the EU, which was the creation of a common market, putting emphasis on the economic and functional aspects. The treaty establishing the European Economic Community (Treaty of Rome-1957) contained only a few fundamental rights, the foremost of which was the prohibition of discrimination on the grounds of nationality. However, it is understandable that, despite the lack of projections therein, treaties were not intended to violate of human rights. The 1986 Single Act made a direct reference to the notion of the protection of human rights for the first time. Maastricht’s treaty (1992) undertook a more concrete step, stating in its Preamble the observance of human rights in more specific way.
The Link between the Eu and the Echr (Published)
The ECHR has played a major role in incorporating the ECHR as part of the EC’s general principles, which assured the EU and its institutions to look at issues from the perspective of human rights. The ECHR has considered the convention as an unwritten human rights record in the EU. However, this was not enough to avoid the uncertainty in protecting human rights in the EU. The Treaty of Amsterdam for the first time became a general reference to the convention. An important step is considered Article 6 (2) of the Amsterdam Treaty. With the new status of the Charter following the Treaty of Lisbon, there are two international human rights documents belonging to the two supranational organizations, closed: on the one hand, the Council of Europe and the ECHR convention with the jurisprudence of her and in turn the Card inspired more by the ECHR and its jurisprudence. The question posed by this point is: Is the Charter a competitive or a threat to the convention system? Does the Charter come as an alternative to the Convention on the Protection of Human Rights in the EU?
Irregular Migration by Sea: Contemporary Incidents in the Mare Nostrum – The Transition from State-Based Action to Humanitarian-Drive Regional Controls (Published)
Irregular sea migration has proven to be a popular means of escaping violence and armed conflict. Events after the Arab Spring in 2011 caused a lot of irregular sea migration over the Mediterranean to Europe. This created serious problems and concerns. The purpose of this research is to examine the rights of irregular sea migration in international law, constraints of states in accepting these irregular migrations and propose a solution to the problem. The paper identifies that the right to life is a fundamental legal provision that irregular sea migrants have. Therefore, it is imperative for all state and non-state actors to honor this. This can best be done by viewing the sea in a regional rather than national context. This way, states can unite and share the challenges of dealing with common issues within a regional context.
Principle of separation of powers is reflected in albanian constitutional system. There are intense debates among constitutionalists about recent developments of this principle. Tripartite system of separation of powers lies in the prediction of independence of judiciary system. Independence of judiciary system is a legal requirement, a core principle of rule of law, a human right guaranteed by democratic constitutions all over the world and as well as a means to enjoy other human rights. Albanian Judiciary System has made limited progress toward independence and impartiality. Regarding legal framework, Albania adopted essential set of laws, even that there are some laws passed by legislative bodies which according to Constitutional Court Verdicts are unconstitutional and violate independence of judiciary system. Another debatable issue it is the composition of High Council of Justice, membership of President of Republic and Minister of Justice. Two parallel inspectorates as Inspectorate of Ministry of Justice and Inspectorate of High Council of Justice overlap each other competences and undermine judiciary independence and intimidate judges. The main research question is about the linkage between independence and impartiality judiciary system and human rights. Dealing with laws ensuring independence, as well as with some legal provisions violating it we will reach into important conclusions
Human Right Issues and Women’s Experiences on Demanding Their Rights in Their Communities: The Way Forward for Nigeria (Published)
The renaissance humanism era of the early modern period ushered in the belief that everyone, by virtue of his or her humanity is entitled to certain human rights. These rights therefore accrue to people by virtue of their humanity and some of these rights are so fundamental that violation of any of them attracts an action of enforcement by the aggrieved person. These rights are enshrined in Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria. The extent of the protection of these rights for some members of the Nigerian population especially women, remains uncertain, doubtful and a seeming mirage because its protective powers have been thwarted by long standing discriminatory and cultural norms and practices in relation to women. This paper will look at the violations and the precarious position of women in rights issues. It will also x-ray some experiences of women in quest of these rights in their communities. The paper will also proffer recommendations as a way forward.
CULTURAL RE-ENGINEERING: THE WAY OUT OF HUMAN RIGHTS SUBVERSION IN SUB SAHARAN AFRICA, NIGERIA A CASE STUDY (Published)
The importance of culture need not be over emphasized in the life of a community, as it is a sign of their identity. Cultural practices reflect the fundamental values of the community which are geared towards protecting members of the community. These practices are good where they fulfil these functions. But sometimes traditional cultural practices are harmful, with negative consequences, violating human rights. This work asserts that cultural belief is one of the major reasons why human rights are violated. The world is not stagnant, but continues to evolve. With new discoveries and philosophies, world’s systems change and the world adjusts to the demands of the changing times. Cultures and traditions are no exceptions. Cultural rites are human rights, insofar as they relate to and affect human beings. The aim of this work is to identify some of these harmful traditional cultural practices that violate human rights and suggest ways in which they can be re-engineered to bring cultural practices in consonance with the human rights system, within the traditional setting
Rule of Law and Good Governance in Bangladesh: Does Judicial Control Matter? (Review Completed - Accepted)
The aim of this paper is to evaluate the role of judicial activism as an instrument of judicial control in establishing rule of law and its impact on good governance in Bangladesh. Judicial activism is one of the effective and proactive mechanisms in protecting various aspects of human rights such as- fundamental rights, equal rights of human being, life, liberty and properties, equal opportunity of employment, rights of sound environment and overall protection of public or national interest. All those are the basis of rule of law and good governance of a country. The major findings of the paper are: rule of law is one of the most crucial elements of good governance and judiciary is a very vital institution of government to establish rule of law in a country. Judicial activism is such an approach, where, there is no need to file a writ by the affected person directly. Any legally conscious person or organization has the right to writ on behalf of affected rights or public interest. It has also found that the role of NGOs or human rights defender organizations is crucial for adjudicating public interest litigation to promote and protect individual rights as well as to uphold the spirit of rule of law. In Bangladesh, most of the PIL cases are filled by human rights defenders organizations (e.g.: BELA, BLAST and ASK) and some other NGOs. Apart from this, delay and log jam of cases is another crucial problem of Bangladesh judiciary which appears in few cases of this paper. This is one of the major impediments of fair and speedy justice delivery, which ultimately creates room for more corruption and violation of human rights in Bangladesh
Guarantees the Protection of the Rights of Syrian Refugees in Jordan (Review Completed - Accepted)
Forced migration of the Syrians is one of the major international challenges today and lies at the heart of the basic concepts of humanity and equality. War, conflict, environmental disasters and human are forced the individuals to move in search of safety and stability. This research defines international and regional systems, and the standards for the protection of refugees from the legal perspectives, and theoretical and practical.
Also this research analyzes private protective mechanisms such as supplementary protection or temporary escalating challenges for the protection of refugees caused by the increasing mixed migration of Syrians to Jordan and are analyzing the links between human rights law and humanitarian law and refugee law in the views of States’ compliance with its legal and ethical obligations, Which gives the three durable solutions for refugees (repatriation, local integration and resettlement) special attention and express some of the major challenges presented by each and every one of them.
This research Shows challenges of complex emergencies, which discuss flows collective responses as developed by the international community to provide humanitarian aid effective, such as the “Group Policy”. And explains the critical importance of the approach of the refugee population as groups heterogeneous with different needs and resources, and discusses the approach to identify and respond to the needs of special protection for vulnerable individuals within the community.
Keywords: Human Rights, International Committee of the Red Cross (ICRC), International Criminal Court (ICC, Protection Guarantees, Syrian Refugees, The Private International protection, The United Nations High Commissioner for the Refugees (UNHCR), The public International protection