Search results for " HUMAN RIGHTS"
showing 10 items of 164 documents
Antigone, today
2020
The tragedy of Antigone revolves around the theme of conflict. Both the version written by Sophocles and the one by Jean Anouilh are mainly focused on conflicts. The conflict between Antigone and Creon is real and symbolic at the same time. It is the conflict between a woman’s body and the law, between women’s and men’s conditions, between two anthropologies. It is also a conflict between two opposite ethical perspectives, and two opposite political visions. It is the conflict between the rule of individuals and the rule of laws, between non-violence and violence, social responsibility and individual egoism, and self-identification and identity. The conflict between Antigone and Creon is th…
Il diritto di voto secondo la Corte europea dei diritti dell'uomo e secondo la Corte comunitaria
2007
By two judgments of 12 september 2006 (Kingdom of Spain v. United Kingdom and Eman, Sevinger v. College van burgemeester en wethouders van Den Haag), the Court of Justice of the European Communities found that the provisions of the EC Treaty “contain no rule defining expressly and precisely who are to be entitled to the right to vote and stand as a candidate for the European Parliament”. As a con- senquence, in the current state of community law, the definition of these persons “falls within the competence of each Member State”. The Court pointed out that in the exercise of their competence Member States may not act contrary to EC law and in particular to the principle of equal treatment or…
The Social State Based on the Rule of Law in the Europe of Rights
2012
Chapter 8 shows how the idea of the social State under the rule of law has been linked to the European Union since its inception. The founding fathers (Adenaeur, de Gasperi, Monet, Schuman) set the principles of dignity, freedom, equality and solidarity as a way of freeing European citizens from fear, misery and misfortune. Welfare is, above all, a state of justice that defines the threshold between indecency and well-being and affirms that human development is not (only) economic growth. Jacques Maritain, whose influence on the European Union is well known, proclaimed the order that contains the three principles of the social state: the primacy of the person, the priority of civil society …
La sécurité, la fondation de l'Etat centrafricain : contribution à la recherche de l'Etat de droit
2012
“Ensuring order and security” is a deep-seated desire shared by the whole of humanity. It is therefore reasonable to devote this thesis to the place occupied by insecurity in public debate in the Central African Republic, a state covering roughly the same surface area as France. Security implies that the weight of fear or terror is removed. If order and security are to be genuinely ensured in the Central African Republic, more is required than the absence of bloodshed and the protection of each citizen’s physical integrity. It is also essential that the rights of all be respected and that all citizens should be entitled to the protection of their rights as well as their possessions. Legal s…
EUIPO Boards of Appeal in the Light of the Principle of Fair Trial
2022
The EUIPO’s Boards of Appeal are called upon to decide on appeals against decisions by the bodies of ‘first instance’. However, their judicial function has always been denied. Conversely, the essay tends to place the Boards of Appeal of the EUIPO in any case within the concept of ‘court’, as defined by the ECtHR, within the framework of Article 6 ECtHR, because it assesses their independence, impartiality, and in general the guarantees required by the ‘fair trial’, until concluding that it is a paradigmatic model in the overall administration and judicial system. EUIPO Boards of Appeal, European Court of Human Rights, Court of Justice of the Eurpean Union, EU Charter of Fundamental Rights, …
Access to Preventive Health Care for Undocumented Migrants: A Comparative Study of Germany, the Netherlands and Spain from a Human Rights Perspective
2016
The present study analyzes the preventive health care provisions for nationals and undocumented migrants in Germany, the Netherlands and Spain in light of four indicators derived from the United Nations Committee on Economic, Social and Cultural Rights’ General Comment 14 (GC 14). These indicators are (i) immunization; (ii) education and information; (iii) regular screening programs; and (iv) the promotion of the underlying determinants of health. It aims to answer the question of what preventive health care services for undocumented migrants are provided for in Germany, the Netherlands and Spain and how this should be evaluated from a human rights perspective. The study reveals that the ac…
Climate Change and Global Justice: New Problem, Old Paradigm?
2014
In this paper, we focus on the conceptualization of climate change as an issue of global justice. While we do not deny that climate change raises fundamental and dramatic issues of justice among peoples as well as generations, our claim is that the language of global justice can obscure the fact that problems provoked by climate change lack some characteristic features of problems of global justice, while possessing others that are not characteristic of such problems. We begin by describing briefly how we got to where we are, climatically speaking; we go on to show why it is plausible to think of climate change as provoking problems of global justice; point out four respects in which this d…
Convenzione europea dei diritti umani e problemi di costituzionalità della legge elettorale italiana
2013
By an order of 21 March 2013, the Court of Cassation referred to the Constitutional Court the question of constitutionality of the current Italian electoral law on the grounds that it runs counter to the constitutional principles of free and equal suffrage. The Constitutional Court has been called by the referring judge to focus on three main aspects of law: the closed list system; the majority bonus in the Chamber of Deputies, by which the coalition that wins the highest number of votes receives at least 55% of the seats; and the majority bonus in the Senate, which is assigned on a regional level. While the Court of Cassation affirmed that the constitutional principles on the right to vote…
Choix du système électoral et Convention européenne des droits de l'homme : quelques observations à la lumière d'une affaire concernant une loi élect…
2013
Within the space of less than two years the European Court of Human Rights and the Italian Constitutional Court have returned almost opposing judgments on the question of the observance of political rights by Italy’s 2005 electoral law. The ECHR found the applications made to it by groups of electors inadmissible given the manifestly ill-founded character of the grievances they were based on. The Constitutional Court, on the contrary, concluded that the law was unconstitutional. At first sight, the differing approaches by the two courts and the differing conclusions they reached may be viewed as an expression of the complementary nature of the European system of protection of human rights w…
Human rights and the environment: A hard balance to strike
2017
This article is dedicated to the analysis of the uneasy relationship between human rights and the environment. Its first part focuses on new proposals such as the greening of human rights, the development of procedural environmental rights and the creation of specific environmental rights, aimed at the harmonization between human rights and environmental protection. The second part focuses on groups whose rights are particularly at risk vis à vis environmental protection activities: indigenous peoples and local communities. The article then analyses current trends of change in the relationship between indigenous peoples and local communities rights and the protection of the environment than…