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International Journal of Human Rights and Constitutional Studies    [7 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  [381 journals]
  • Some comments on the Islamic full veil ban in Europe
    • Authors: Angel Flores-Abad, Ou Ma
      Pages: 296 - 300
      Abstract: This short comment gives an account of the Islamic full veil bans in public spaces that are starting to be adopted in some European countries. After mentioning the European Law framework and the general bans recently passed in Belgium and France, as well as the partial bans adopted by other countries, like Germany, Italy, Spain, or the UK, the comment draws two competing models of such regulation: the French model that relies on an immaterial understanding of public order for banning the Islamic full veil in public spaces and the German model, which requires concrete and tangible material public order grounds for limiting the wearing of the Islamic full veil.
      Keywords: fundamental rights; freedom of religion; Islamic full veil; Burqa; constitutional comparative law; European Convention of Human Rights; Islam; full veil ban; Europe; France; public order; public spaces; Germany; religious freedom
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 1, No. 4 (2013) pp. 296 - 300
      PubDate: 2013-10-24T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2013.057318
      Issue No: Vol. 1, No. 4 (2013)
       
  • The right to live and be different and the European Convention on Human
           Rights
    • Authors: Angel Flores-Abad, Ou Ma
      Pages: 301 - 321
      Abstract: This article provides a critical assessment of the corpus of law that the European Court of Human Rights ('ECtHR') has used for the protection of human rights of persons with different abilities, focusing in particular on the protection of their right to live and be different. After briefly considering the meaning and content of the right to live and be different both in national and international law, we move on to detect, and to present a critical appraisal of, the 'philosophy' of the ECtHR when called to interpret provisions in the European Convention on Human Rights and Fundamental Freedoms (ECHR) that are relevant to the right of disabled to live and be different. The ECHR articles with possible significance to persons with different abilities will be considered in turn, as well as the contribution that a right to live and be different can provide to the protection of the persons and groups of persons with different abilities.
      Keywords: right to live; right to be different; European Convention on Human Rights; European Court of Human Rights; human rights protection; rights of disabled; different abilities
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 1, No. 4 (2013) pp. 301 - 321
      PubDate: 2013-10-24T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2013.057315
      Issue No: Vol. 1, No. 4 (2013)
       
  • Criminalisation of genocide denial and freedom of expression
    • Authors: Angel Flores-Abad, Ou Ma
      Pages: 322 - 340
      Abstract: With the entry into force of the EU Framework Decision on Racism and Xenophobia and the attempts of some states to adopt laws prohibiting genocide denial generally as opposed to the previously followed Holocaust denial model, it became increasingly important to assess the compatibility of criminalisation of the Armenian genocide denial with freedom of expression under Article 10 of the European Convention on Human Rights. The legal compatibility analysis employed suggests that criminalisation of at least some forms of the Armenian genocide denial is compatible with the conventional right to freedom of expression.
      Keywords: Armenian genocide; Holocaust denial; freedom of expression; European Court of Human Rights; European Convention on Human Rights; genocide denial; criminalisation; EU Framework Decision on Racism and Xenophobia; legal compatibility
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 1, No. 4 (2013) pp. 322 - 340
      PubDate: 2013-10-24T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2013.057306
      Issue No: Vol. 1, No. 4 (2013)
       
  • Constructing an American fear culture from red scares to terrorism
    • Authors: Geoffrey R. Skoll, Maximiliano E. Korstanje
      Pages: 341 - 364
      Abstract: Building on the work of social analysts who have identified the emerging culture of fear in the USA, this article argues that the current fears about terrorism derive from deliberate campaigns by the world capitalism's elites. It traces the history of political scares since the late 19th century to show an evolution from red scares to terrorism. While acknowledging the complexities of cultural constructions, the obsession with terrorism is shown as an outgrowth and offspring of earlier, anti-communist hysterias in the USA.
      Keywords: terrorism; fear culture; red scare; McCarthyism; capitalism; racism; communism; USA; United States; political scares; cultural constructions; anti-communist hysteria
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 1, No. 4 (2013) pp. 341 - 364
      PubDate: 2013-10-24T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2013.057302
      Issue No: Vol. 1, No. 4 (2013)
       
  • The right to culture
    • Authors: Geoffrey R. Skoll, Maximiliano E. Korstanje
      Pages: 365 - 380
      Abstract: The issue of cultural belonging confronts us because cultural minorities, whether immigrants or conquered minorities, despite having the civic, political and social rights of citizenship, feel harmed if the state does not recognise their particular cultural identity and does not make certain provisions or exemptions in or from the operation of general laws on this basis. This paper tries to locate the political claims grounded in culture within a liberal-democratic political setup. It attempts to address three questions. First, how did a 'right to culture' come into being? Second, what is the subject matter of a 'right to culture'? This includes an enquiry into the nature of cultural rights. And lastly, how viable is the multicultural approach towards ensuring a meaningful co-existence of different cultural communities within the larger political community? A bigger role for the state to preserve and protect minority cultures is argued for, considering that there is a positive dimension to cultural rights due to which such rights cannot be realised without some involvement of the state.
      Keywords: right to culture; positive rights; obligations; universalism; relativism; self-determination; multiculturalism; essentialism; anti-essentialism; cultural identity; cultural community; group rights; minority rights; human rights; liberal democracy; trust; dia
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 1, No. 4 (2013) pp. 365 - 380
      PubDate: 2013-10-24T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2013.057305
      Issue No: Vol. 1, No. 4 (2013)
       
  • Greece violating the European Social Charter regarding young persons
           labour rights (Complaint 66/2011, European Social Charter
           Committee Decision of 23 May 2012)
    • Authors: Christina M. Akrivopoulou, Olga-Eirini Palla
      Pages: 381 - 385
      Abstract: In the present framework of a severe economic crisis, Greece undertook several obligations towards the troika (EU, European Central Bank and IMF) regarding the reconstruction-deregulation of labour relations. Thus, the Law 3863 of 15 July 2010, introduced 'special apprenticeship contracts' between employers and individuals aged 15 to 18 as well as the deregulation of basic labour rights (social security and fair wage) of new entrants to the labour market aged under 25. In this context, the General Federation of Employees of the National Electric Power Corporation (GENOP-DEI) and the Confederation of Greek Civil Servants' Trade Unions (ADEDY) filed a collective complaint to the Social Charter Committee underlining the violation of Greece's obligations under the European Social Charter.
      Keywords: right to work; right to protection; children; young persons; youth; vocational training; right to social security; right to fair remuneration; right to non-discrimination; social rights protection; economic crisis; Greece; labour rights; European Social Chart
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 1, No. 4 (2013) pp. 381 - 385
      PubDate: 2013-10-24T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2013.057317
      Issue No: Vol. 1, No. 4 (2013)
       
  • Case Ahmadou Sadio Diallo (Republic of Guinea vs. Democratic Republic
           of the Congo)
    • Authors: Christina M. Akrivopoulou, Olga-Eirini Palla
      Pages: 386 - 395
      Abstract: The protection of shareholder rights of a national of a third state turns out to be very burdensome if based on the universal international organisations' framework of protection of human rights, such as International Covenant on Civil and Political Rights or African Charter on Human and Peoples' Rights. The mentioned protection would need to be exercised via diplomatic protection and based on the core principles of human rights, such as protection against arbitrary expulsion, arrest or confiscation of property. As development of lex specialis regimes, such as investment treaties, did not inspire International Court of Justice to recognise their influence in the customary international law, we can expect, paradoxically, even stronger development of these lex specialis regimes. Indeed, any state that wishes to develop foreign investments should seriously consider a signature of bilateral treaty before it fully launches cooperation in the field of commerce with any other third state.
      Keywords: International Court of Justice; shareholder rights; diplomatic protection; arrest; expulsion; customary international law; lex specialis; foreign investment; investment treaties; human rights protection; bilateral treaties; commercial cooperation; Diallo Ahmadou
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 1, No. 4 (2013) pp. 386 - 395
      PubDate: 2013-10-24T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2013.057311
      Issue No: Vol. 1, No. 4 (2013)
       
 
 
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