The European Convention on Human Rights, Transitional Justice and the Protection of Property Rights in Albania PDF Download

Author: Fatjona Memcaj
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description

Author: Halim Bajraktari
Publisher: GRIN Verlag
ISBN: 3389047905
Category : Political Science
Languages : en
Pages : 14

View

Book Description
Research Paper (postgraduate) from the year 2024 in the subject Politics - Topic: European Union, , course: European Court of Human Rights, language: English, abstract: One of the international organizations is the Council of Europe, in which they operate bodies, including the European Court of Human Rights. Member States in international organizations agree that in one way or another a part of their sovereignty to be left in the competence of the same, and they are obliged to receive obligations in addition to rights One of the obligations of the member states is also when the European Court for human rights issues judgments aimed at protecting the freedoms and rights of to the person guaranteed by the European Convention on Human Rights, they respect and at the same time implement them. The member states of the Council of Europe continue to have us as a priority the implementation of the decisions of the European Court for human rights, Albania is also among the members Council of Europe in terms of seen how many years ago the applicability of the decisions issued by the European Court of Human Rights, taking into account that such decisions oblige the member states. Members of this international organization must take their obligation to implement the judgments of the European Court of Justice very seriously for Human Rights, how much and how it is implementing these decisions, remains to be analyzed in the paper.

Author:
Publisher: Human Rights Watch
ISBN:
Category : Freedom of the press
Languages : en
Pages : 62

View

Book Description

Author: Human Rights Watch, Helsinki Staff
Publisher: Human Rights Watch
ISBN: 9781564321602
Category : Albania
Languages : en
Pages : 202

View

Book Description
Free and fair election

Author: United States. Congress. House. Committee on Foreign Affairs. Subcommittee on Human Rights and International Organizations
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 96

View

Book Description

Author:
Publisher:
ISBN: 9789276018957
Category :
Languages : en
Pages : 90

View

Book Description
The Republic of Albania (RoA) has a formal constitution, which has the highest legal power in the country.The Constitution was adopted in 1998 with Law No. 8417, 'Constitution of the Republic of Albania'. So far, it has been revised five times. None of the five constitutional reforms concerned gender equality. The hierarchy of legal acts within the country is explicitly set out in Article 116(1) of the Albanian Constitution: a) the Constitution; b) ratified international agreements; c) laws; d) normative acts of the Council of Ministers. The constitutional framework concerning gender equality/sex discrimination contains only one provision among the general principles of fundamental human rights and freedoms, Article 18, which refers to principle of equality and non-discrimination: '1. All are equal before the law. 2. No one can be unjustly discriminated against for reasons such as gender, race, religion, ethnicity, language, political, religious or philosophical beliefs, economic condition, education, social status, or ancestry. 3. No one may be discriminated against for reasons mentioned in paragraph 2 if reasonable and objective legal grounds do not exist.' As is clear, gender is mentioned explicitly as a protected discrimination ground in Article 18(2) of the Albanian Constitution. The list of the protected grounds mentioned in Article 18(2) is a closed list. In 2016, there was an initiative of at least one fifth of the parliamentarians to make this list an open one by adding several grounds of protection from discrimination. The Special Parliamentary Commission for the Justice Reform decided to request the opinion of the Venice Commission on the draft constitutional provisions. The revised draft sent to the Venice Commission contained the following additional grounds: 'gender identity, sexual orientation, social origin, birth, disability, (...) or for other reasons.' However, the initiative was not passed, because it did not get the necessary approval by parliamentarians when the constitutional amendments of 2016 were discussed in the Parliament. However, an open list of protected discrimination grounds is contained within Article 1 of the Law on protection from discrimination (LPD), which was approved in 2010. The international agreements ratified by the Albanian Parliament become part of the internal legal system after publication in the Official Journal of the Republic of Albania. They are implemented directly, except for cases when they are not self-executed and require transposition into a national law. The Albanian Parliament ratified the European Convention on Human Right (ECHR) and its Protocols Nos. 1, 2, 4, 7 and 11 in 1996.7 Like all the other international ratified agreements, the ECHR has superiority over the laws of the country that are not compatible with it. However, as regards to the limits of constitutional rights and freedoms, the ECHR is on the same level as the Constitution. This derives from the wording of Article 17(2) of the Constitution: 'These limits cannot harm the essence of rights and freedoms and in no case can exceed the limits provided for in the ECHR.' The Albanian Constitutional Court has referred to this provision and to the standards of the ECHR, stating that 'The Constitution, through referring to the ECHR, has given to this document the value of a constitutional standard as regards to the limits of constitutional rights and freedoms (...).'

Author: Darian Pavli
Publisher:
ISBN:
Category : Freedom of speech
Languages : en
Pages : 70

View

Book Description
Recommendations -- Background -- Intimidation and violent attacks on journalists -- Defamation trials -- Government misuse of state advertising -- Conclusion.

Author: James A. Sweeney
Publisher: Routledge
ISBN: 1136159428
Category : Law
Languages : en
Pages : 290

View

Book Description
The European Court of Human Rights in the Post-Cold War Era: Universality in Transition examines transitional justice from the perspective of its impact on the universality of human rights, taking the jurisprudence of the European Court of Human Rights as its detailed case study. The problem is twofold: there are questions about differences in human rights standards between transitional and non-transitional situations, and about differences between transitions. The European Court has been a vital part of European democratic consolidation and integration for over half a century, setting meaningful standards and offering legal remedies to the individually repressed, the politically vulnerable, and the socially excluded. After their emancipation from Soviet influence in the 1990s, and with membership of the European Union in mind for many, the new democracies of Central and Eastern Europe flocked to the Convention system. The voluminous jurisprudence of the European Court of Human Rights can now give us some clear information about how an international human rights law regime can interact with transitional justice. The jurisprudence is divided between those cases concerning the human rights implications of explicitly transitional policies (such as lustration), and those that involve impacts upon specific democratic rights during the transition. The book presents a close examination of claims by states that transitional policies and priorities require a level of deference from the Strasbourg institutions. The book proposes that states’ claims for leeway from international human rights supervisory mechanisms during times of transition can be characterised not as arguments for cultural relativism, but for ‘transitional relativism’.

Author: Nita Shala
Publisher: Taylor & Francis
ISBN: 104003005X
Category : Law
Languages : en
Pages : 165

View

Book Description
This book examines the understudied, yet increasingly applied, concept of Guarantees of Non-Repetition under international human rights law and transitional justice. Guarantees of Non-Repetition (GNRs) are measures taken to ensure that human rights abuses do not recur. They are especially crucial in post-war contexts marked by severe and systematic violations. However, although they are increasingly invoked, GNRs are not well understood, and they have so far received only limited theoretical and practical analysis. Tracing their development to the influence of international human rights law, this book considers what GNRs are, how and why they have come about, and how GNRs are implemented. Through an explication of the history, law and jurisprudence of GNR’s – in regional mechanisms in Latin America, Europe, and Asia, as well as in international bodies – the book maintains the increasing importance, and as yet unfulfilled potential, of this legal obligation in transitional justice settings. This first book to analyse the development of GNRs and their application will appeal to scholars in the areas of law and transitional justice, public policy, and socio-legal studies, as well as lawyers and policy-makers working in post-conflict situations.

Author: Anja Mihr
Publisher: Springer Nature
ISBN: 3030774899
Category : Social Science
Languages : en
Pages : 297

View

Book Description
This open access book features various studies on democratization, transformation, socio-economic development, and security issues in the Organization for Security and Cooperation in Europe (OSCE) geographical region and beyond. Written by experts and scholars working in the field of human dimension, security, transformation and development in Europe and Asia, particularly in post-soviet and communist countries, it examines the connectivity that the OSCE provides between the East and the West. The 2021 edition of this Compilation Series of the OSCE Academy presents studies on peace and conflict as well as political regime development in various member states of the OSCE as well as their economic, security and human rights performance and the challenges countries and society face currently. The OSCE is working in promoting Human Rights and Democratization under the notion of Human Dimension of ODIHR and is enhancing securitization and development policies in Eurasia, Europe, Central Asia and North America since 1991. 2021 marks the 30th anniversary on the tremendous efforts in promoting democracy, security and development. This compilation reviews some of these efforts in light of this anniversary, the achievements and shortcomings.