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Journal Cover International Journal of Human Rights and Constitutional Studies
  [10 followers]  Follow
    
   Hybrid Journal Hybrid journal (It can contain Open Access articles)
   ISSN (Print) 2050-103X - ISSN (Online) 2050-1048
   Published by Inderscience Publishers Homepage  [416 journals]
  • The judicial dialogue between the Luxembourg and National Courts in the
           European framework of the multilevel protection of fundamental rights
    • Authors: Aida Sy, Tony Tinker, Abdelkader Derbali, Lamia Jamel
      Pages: 95 - 128
      Abstract: This article focuses on the vertical judicial interaction between the Luxembourg and National Court with regard to the fundamental rights protection. In the first part, the author mainly explores in what technique adopted by the Luxembourg Court finding the general principle of EU law through the reference to the national Constitutional provisions and how does the Luxembourg Court identify and create the general principle embedded on the reference of domestic law for setting the EU fundamental rights standard before the Lisbon Treaty came into effect. In the second part, the author mainly focuses on the role of Art.4(2) TEU respectively in the judgment of national courts and Luxembourg Court. In the final part, the author does a comparative research on the relationships between the German, Spanish, French and Italian Constitution Courts and the Luxembourg Court under Art 267 TFEU.
      Keywords: EU fundamental rights; judicial dialogue; preliminary reference; counter-limit doctrine; constitutional courts; Court of Justice of the European Union; CJEU; rights protection; national courts; Germany; Spain; France; Italy
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 4, No. 2 (2016) pp. 95 - 128
      PubDate: 2016-08-14T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2016.078315
      Issue No: Vol. 4, No. 2 (2016)
       
  • The politics of Argentina today: human rights and Kirchnerismo
    • Authors: Aida Sy, Tony Tinker, Abdelkader Derbali, Lamia Jamel
      Pages: 129 - 137
      Abstract: After the effects of bloody dictatorship that whipped the region, Argentina as many other Latin American countries experienced a great trauma which not only altered the ways politics was lived, but also undermined the social trust of citizens respecting to their institutions. The rise of Kirchneristes and Kirchnerismo post stock and market crisis of 2001, initiated a new age in Argentina. Kirchnerismo opened the doors for the vindication of many claims of human rights organisations, but at the same time, the discourse of human rights was adjusted to the interests of Cristina Kirchner and her followers. As a result of this, the cause of human rights allowed government to produce a new way of making politics where the concept of reality is altered according to textual connotations, which produces a gap between the sense of reality and citizenry.
      Keywords: human rights; Kirchnerismo; politics; Argentina; reality dislocation; Cristina Kirchner
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 4, No. 2 (2016) pp. 129 - 137
      PubDate: 2016-08-14T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2016.078300
      Issue No: Vol. 4, No. 2 (2016)
       
  • Blasphemy and free speech: need for a balance between public order and
           right to free speech
    • Authors: Arvind Kurian Abraham, Arpita Sengupta
      Pages: 138 - 152
      Abstract: The extent of freedom of speech and expression is a contentious issue in most legal jurisdictions, especially its relation to irreverent or blasphemous speech. The Indian Government and the judiciary have often justified the restrictions on this right in order to maintain public order. However, in a democracy, such restrictions must be placed in exceptional situations when other methods to prevent the breach of public order are exhausted or inadequate. The freedom of speech and expression includes the right to dissent and critique any set of ideas, irrespective of whether they carry secular or religious identities. The failure of the Indian state to use its powers of restriction in a sparse manner only recognises the axiomatic right of fundamentalist groups to breach peace each time views distasteful to them are expressed. In order to protect the cardinal constitutional principle of free speech, it is important for parliament to repeal the criminal laws against blasphemous speech and the judiciary to adopt a narrow application of the public order restriction.
      Keywords: freedom of speech; blasphemy; public order; hate speech; right to free speech; India; blasphemous speech
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 4, No. 2 (2016) pp. 138 - 152
      PubDate: 2016-08-14T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2016.078301
      Issue No: Vol. 4, No. 2 (2016)
       
  • Euthanasia from Iran law and Islamic legislation perspective
    • Authors: Farshad Ramezani, Mahin Sobhani
      Pages: 153 - 165
      Abstract: The issue of good death or euthanasia and acceleration in death of incurable or dying patients to relieve the pain and suffering through fatal actions has always been a debatable matter in medical field. This has always been an important issue in different fields including legal, political, social, philosophical and medical. Euthanasia is a permitted and even moral action from the view of its supporters since they believe in a person's right to decide to die. According to religious and Islamic rules, such a right does not belong to human since they are not the owner of their souls and bodies; and that's in the power of God. Based on different verses of Quran, people are not allowed to commit suicide or kill others. Euthanasia is a taboo and an unlawful action. Abusing this word to achieve some humanistic goals is not acceptable; therefore, pain and suffering should not be used as an excuse or a legal and ethical permission to commit euthanasia. This study is aimed at studying permissibility or impermissibility of euthanasia based on Iran law and Islamic rules.
      Keywords: euthanasia; murder; unbearable suffering; Iran; legal systems; law; human rights; Islamic legislation; right to die; permissibility; Quran; religious belief
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 4, No. 2 (2016) pp. 153 - 165
      PubDate: 2016-08-14T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2016.078314
      Issue No: Vol. 4, No. 2 (2016)
       
  • Dying in dignity: the place of euthanasia in Kenya's legal system
    • Authors: Metrine Jepchirchir Kurutto, Michael Wabomba Masinde
      Pages: 166 - 175
      Abstract: This paper seeks to interrogate the place of euthanasia suicide in Kenya's legal framework. Euthanasia raises medical, legal, moral and ethical issues. One of the major ethical issues surrounding euthanasia concerns the value attached to human life - the sole objective of human existence requiring all clinical practices to comply with this objective, which is grounded in the religious belief that life is God given and no one has the right to take it away. Opponents also argue that individual autonomy should not be allowed to dictate the social policy regarding euthanasia. Proponents of euthanasia fashion their argument around quality or dignified life, saying that when the quality of life falls below the threshold of dignity, a person has a right to die. This work will analyse the various arguments put by proponents and opponents alike and ultimately interrogate the viability of euthanasia as an idea under Kenya's legal system.
      Keywords: voluntary euthanasia; non-voluntary euthanasia; passive euthanasia; indirect euthanasia: right to life; Kenya; dignity in dying; legal systems; law; ethical issues; ethics; religious belief; individual autonomy; social policy; quality of life; right to die
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 4, No. 2 (2016) pp. 166 - 175
      PubDate: 2016-08-14T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2016.078298
      Issue No: Vol. 4, No. 2 (2016)
       
  • Same-sex unions in Italy and the recent European Court of Human Rights
           case law: a short comment on Oliari and Others versus Italy (judgment of
           21.7.2015)
    • Authors: Metrine Jepchirchir Kurutto, Michael Wabomba Masinde
      Pages: 176 - 179
      Abstract: In the case Oliari and Others versus Italy (Appl. No. 18766/2011, judgment of 21.7.2015), the European Court of Human Rights (ECtHR) held that Italy by banning same-sex and any other form of civil union for homosexual couples was violating Art. 8 of the European Convention of Human Rights (ECHR), the right to respect privacy and family life. The ECtHR examined the complaint of three same-sex couples regarding their inability to acknowledge their relationships under Italian law, thus coming to the conclusion that Italy has violated the European Convention of Human Rights by not taking into account the recent trends in the ECtHR case law (Vallianatos versus Greece, Appl. No. 29381/09 and 32684/09, judgment of 7.11.2013) and in the Council of Europe where nowadays 24 state members recognise same-sex civil unions. The ECtHR underlined that by omitting to legally acknowledge same-sex unions, Italian law not only failed to provide for the core needs of homosexual couples but also failed to adapt to the relevant Italian Corte Costituzionale case law that repeatedly called for their protection and recognition.
      Keywords: same-sex relationships; privacy; private life; family life; same-sex unions; civil unions; discrimination; Italy; European Court of Human Rights; ECHR; case law; Oliari and Others
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 4, No. 2 (2016) pp. 176 - 179
      PubDate: 2016-08-14T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2016.078276
      Issue No: Vol. 4, No. 2 (2016)
       
 
 
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