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Journal Cover International Journal of Human Rights and Constitutional Studies
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   Hybrid Journal Hybrid journal (It can contain Open Access articles)
     ISSN (Print) 2050-103X - ISSN (Online) 2050-1048
     Published by Inderscience Publishers Homepage  [391 journals]
  • Constitutional educative ideology as limitation upon educative
           freedoms: the case of Spain
    • Authors: Angelo Presenza, Roberto Micera, Simone Splendiani, Giacomo Del Chiappa
      Pages: 202 - 225
      Abstract: This article reconstructs with the help of International Human Rights Law and European Comparative Constitutional Law, the normative meaning of the so called 'constitutional educative ideology', set by art. 27.2 Sp. Const. that establishes civic-democratic education as constitutional aim of education and therefore limits educative freedoms. The possible unconstitutionality of single-sex education and the lack of constitutional protection of homeschooling and parental objection to civic education courses are shown as examples of these limitations.
      Keywords: constitutional law; fundamental rights; right to education; educative freedoms; constitutional educative ideology; constitutional aims; education for citizenship; parental objections; civic education; single-sex schooling; home schooling; human rights law; c
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 3 (2014) pp. 202 - 225
      PubDate: 2014-10-21T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.065281
      Issue No: Vol. 2, No. 3 (2014)
       
  • International human rights law enforcement challenges in 21st century
           Africa
    • Authors: Angelo Presenza, Roberto Micera, Simone Splendiani, Giacomo Del Chiappa
      Pages: 226 - 235
      Abstract: One of the challenges of human rights is that it demands new ways of thinking. Today, the enforcement of basic human rights remain one of the most pressing and yet most elusive goals of the international community and particularly of African region. The universal system of human rights established under the United Nations played a vital role in the enforcement of international human rights law immediately after its inception in 1945; however, its wide geographical jurisdiction undermined its efficacy. Africa's enforcement challenges also includes an array of institutional and conceptual weaknesses such as, lack of policies that would ensure a more realistic voluntary state compliance, and, absence of an effective structure or institutions to encourage observance of such international conventions.
      Keywords: Africa; human rights enforcement; United Nations; pre-colonial Africa; African Union; Organisation of African Unity; OAU; European Union; African Charter on Human and Peoples' Rights; international human rights law; state compliance
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 3 (2014) pp. 226 - 235
      PubDate: 2014-10-21T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.065298
      Issue No: Vol. 2, No. 3 (2014)
       
  • The institutional role of the Hellenic Court of Audit
    • Authors: Angelo Presenza, Roberto Micera, Simone Splendiani, Giacomo Del Chiappa
      Pages: 236 - 247
      Abstract: The Hellenic Court of Audit, established in 1833, constitutes the oldest institution of administrative law in the history of the modern Greek state, as it plays a significant role in financial management through the audit of public finances and the monitoring of the state's revenues and expenditures. The object of the present study is to analyse all the important issues of the Court, such as its structure and organisation, its dual legal nature as a supreme ordinary public court and as a supreme administrative authority, but also its competences, judicial or not, and the legal remedies or means of redress exercised before the Court.
      Keywords: financial management; administrative law; dual legal character; judicial competences; auditing; public expenditure; public contracts; public accounts; legal remedies; means of redress; Hellenic Court of Audit; constitutional law; Greece; public finances; monitorin
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 3 (2014) pp. 236 - 247
      PubDate: 2014-10-21T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.065282
      Issue No: Vol. 2, No. 3 (2014)
       
  • Workers' rights in Turkish law
    • Authors: Ali U. Temel, Bülent Temel
      Pages: 248 - 272
      Abstract: With its young and growing population known with its competence, Turkey has been a major destination for global and domestic capital investments since the early 2000s when the country's European Union prospects have become a practical reality. This article presents Turkish workers' (non-collective) rights in the areas of compensation, work hours and conditions, and seeking employment for domestic and international investors that do or plan to do business in this OECD economy.
      Keywords: labour law; Law #4857; compensation; work hours; working conditions; employment; worker rights; Turkey
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 3 (2014) pp. 248 - 272
      PubDate: 2014-10-21T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.065283
      Issue No: Vol. 2, No. 3 (2014)
       
  • The connection of the right to education to the succession of states
    • Authors: Ali U. Temel, Bülent Temel
      Pages: 273 - 283
      Abstract: The Moldovan schools in Transnistria became an issue of contention in 2004 in the context of the disputed status of Transnistria, a breakaway region of since 1990/1992. In this case, two main issues arise: first, if there is violation of the right to education of students and their parents and secondly what is the state jurisdiction over the affairs.
      Keywords: right to education; state jurisdiction; state succession; respect for philosophical convictions; parental philosophical convictions; admissibility criteria; state obligation; respect for human rights; Moldova; Transnistria.
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 3 (2014) pp. 273 - 283
      PubDate: 2014-10-21T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.065277
      Issue No: Vol. 2, No. 3 (2014)
       
  • Facing l'etat d'exception: the Greek crisis jurisprudence
    • Authors: Ali U. Temel, Bülent Temel
      Pages: 284 - 285
      Abstract: This short comment presents briefly the basic lines of the Greek jurisprudence regarding budget cuts in the public sector after the emergence of the Greek Eurozone crisis in 2009.
      Keywords: financial crisis; memorandum; European Social Charter; Greece; Greek jurisprudence; Eurozone crisis; budget cuts; public sector cuts; law.
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 3 (2014) pp. 284 - 285
      PubDate: 2014-10-21T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.065276
      Issue No: Vol. 2, No. 3 (2014)
       
  • Asylum hard cases: sexual orientation, female genital mutilation and
           health in the jurisprudence of national supreme courts and the EctHR
    • Authors: Christina M. Akrivopoulou, Theodora Roumpou
      Pages: 286 - 296
      Abstract: The short comment that follows examines three categories of cases regarding asylum and refugee rights according to the Geneva Convention provisions (1951) and the European Convention of Human Rights (Art. 3): a) cases where a fear of persecution to the country of origin is based on the applicant's sexual orientation (homosexuality); b) cases where the fear of persecution is connected with practices of female genital mutilation; c) cases regarding serious health problems of the asylum seeker. The jurisprudence of national supreme courts and EctHR on these subjects especially regarding the interpretation of Art. 3 ECHR which forbids torture, inhuman and degrading treatment is analysed. As it will be briefly illustrated though an international consensus exists today regarding the protection of asylum seekers on the basis of sexual diversity (homosexuality), in cases of female genital mutilation and health problems the national supreme courts and the ECtHR are far more hesitant in acknowledging asylum rights and refugee status.
      Keywords: asylum seekers; inhuman and degrading treatment; European Convention of Human Rights; European Court of Human Rights; Geneva Convention; female genital mutilation; FGM; privacy; sexual orientation; torture; refugee rights; refugees; homosexuality; health problems
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 3 (2014) pp. 286 - 296
      PubDate: 2014-10-21T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.065284
      Issue No: Vol. 2, No. 3 (2014)
       
  • A multiple violation of rights and freedoms in a future EU country:
           App. No. 1484/07
    • Authors: Christina M. Akrivopoulou, Theodora Roumpou
      Pages: 297 - 301
      Abstract: The applicants complained that their arrest, conviction for breach of public order and contempt of court, and subsequent punishment by deprivation of liberty, had been unlawful and unfair, in breach of Article 5 § 1 (right to liberty and security) and Article 6 §§ 1 and 3 (c) (right to a fair trial). They further complained that their arrest and detention had violated their rights under in particular Articles 10 (freedom of expression) and 11 (freedom of assembly and association). Finally, relying on Article 2 of Protocol No. 7 (right of appeal in criminal matters), they complained that they had had no right of appeal against their conviction.
      Keywords: right to liberty and security; right to a fair trial; freedom of assembly; freedom of association; freedom of peaceful assembly; breach of public order; contempt of court; freedom of expression; right of appeal; human rights; Georgia
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 3 (2014) pp. 297 - 301
      PubDate: 2014-10-21T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.065264
      Issue No: Vol. 2, No. 3 (2014)
       
 
 
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