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141. Editorial: Lautsi: Crucifix in the Classroom Redux

Publication Date:
02-2010
Content Type:
Journal Article
Abstract:
There are few legal issues which still manage to evoke civic passion in the wider population. Increasingly, and sometimes for the wrong reasons, the place of religion in our public spaces has become one of them. In the age of the internet and Google we can safely assume that all readers of this Journal will have either read the Lautsi decision of the European Court of Human Rights or have read about it, thus obviating the need for the usual preliminaries. As is known, a Chamber of the Court held that the displaying in Italian public schools of the crucifix was a violation of the European Convention on Human Rights.
Topic:
Human Rights
Political Geography:
Europe

142. Effective Investigations under Article 2 of the European Convention on Human Rights: Securing the Right to Life or an Onerous Burden on a State?

Author:
Juliet Chevalier-Watts
Publication Date:
08-2010
Content Type:
Journal Article
Abstract:
Articles 1 and 2 of the European Convention on Human Rights, when read together, require a proper and adequate official investigation into deaths resulting from the actions of state agents, both from the use of lethal force, and also in situations arising from the negligence of agents that leads to a death. The article considers the extent of the obligation to carry out an effective investigation since its explicit recognition by the European Court of Human Rights in the case of McCann and Others v. United Kingdom. The article assesses the jurisprudence of the duty to investigate in order to determine whether the obligation is now placing too onerous a burden on member states in order to comply with their duties under the Convention, or whether the duty does indeed secure the right to life, as is intended. To assess the original proposition, the article considers the jurisprudence of the duty to investigate in relation to the following applications: early forays into the application of the duty; fatalities arising from non-lethal force; the influential quartet of cases arising out of the Northern Ireland troubles; recent judgments concerning cases arising out of the conflict in Chechnya; and finally through to a critical review of the effectiveness of the European Court.
Topic:
Human Rights
Political Geography:
United Kingdom and Europe

143. "Democratic Opening", the Legal Status of Non-Muslim Religious Communities and the Venice Commission

Author:
Ergun Özbudun
Publication Date:
04-2010
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
This article deals with a recent opinion adopted by the Venice Commission at its meeting on March 12-13 concerning the legal status of non-Muslim religious communities in Turkey and the right of the Orthodox Patriarchate of Istanbul to use the title “ecumenical.” On the first issue the Commission points out the difficulties that arise from the lack of legal personality for such communities, especially in matters related to access to courts and property ownership. The Commission urges Turkish authorities to attend to this problem by choosing from the many models of legal personality for religious groups practiced in European countries. On the second point, the Commission observes that the title ecumenical is a spiritual and ecclesiastical matter, and not a legal one. It concludes that unless Turkish authorities actively interfere with the use of such title by the Patriarchate, the simple refusal of the use of this title by Turkish authorities does not amount to a breach of the European Convention on Human Rights.
Topic:
Human Rights
Political Geography:
Europe and Turkey

144. Avrupa İnsan Hakları Sözleşmesinin Yaşamın ve Sağlığın Korunması ile İlgili Olarak Taraf Devletlere Yüklediği Pozitif Yükümlülükler

Author:
Yüksel Metin
Publication Date:
10-2010
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
Uluslararasi Iliskiler
Abstract:
In this study, through the concept of positive obligation, the reproductions of positive obligations are clarified, and the positive obligations that the European Convention on Human Rights have imposed on the state parties within the framework of the protection of life and health are presented. At the same time, the approach of the European Court of Human Rights towards protection and use of the rights in the Convention in an effective manner is emphasized. The case law of the European Court of Human Rights is used in ascertaining the positive obligations of the Contracting Parties within the area of protection of life and health.
Topic:
Health and Human Rights
Political Geography:
Europe

145. Intellectual legacies, ethical policies and normative territories: Situating the human rights issue in EU–Asia relations

Author:
Georg Wiessala
Publication Date:
05-2010
Content Type:
Journal Article
Journal:
International Politics
Institution:
Palgrave Macmillan
Abstract:
This article investigates EU foreign policies regarding Human Rights with Asia. The perspective adopted here argues for a consideration of selected, social-constructivist, perspectives. The article emphasizes ideas, identities, values, educational exchange and human rights in EU policy towards Asia. Through a number of case studies, the article demonstrates that there is both an 'enabling' and an 'inhibitory' human rights dynamism in EU–Asia dialogue. The article suggests some ways of translating this into policies. It proposes a more inclusive, 'holistic', understanding of human rights discourse in East–West relations.
Topic:
International Relations, Foreign Policy, and Human Rights
Political Geography:
Europe and Asia

146. Individual Rights Versus Collective Rights

Author:
Yalım Eralp
Publication Date:
08-2010
Content Type:
Policy Brief
Institution:
Global Political Trends Center
Abstract:
To what extent can the rights granted to minorities or ethnic groups lead those groups to integrate into the society they live in? Or do such rights lead to secession? Academicians alone do not debate such questions; politicians, too, are currently debating how to ensure both the rights of minorities and territorial integrity.
Topic:
Conflict Resolution, Ethnic Conflict, and Human Rights
Political Geography:
Europe

147. Roma Question: Reflecting the Internal Debate within the European Union

Author:
Dhananjay Tripathi
Publication Date:
09-2010
Content Type:
Journal Article
Journal:
Alternatives: Turkish Journal of International Relations
Institution:
Center for International Conflict Resolution at Yalova University
Abstract:
The European Union in contemporary international relations is presumed as a regional organization dedicated for promotion of human rights, rule and law and governance. The EU has an image of a normative international power but contrary to it several issues in past raises serious questions on its liberal political, social and organizational structures. Roma population is the single largest ethnic minority in Europe but lately faced several problems. The decision of the French government to deport Roma settlers from its territory led to intense debate on human right issues in the EU. This article focuses on the debate and how it is linked with overall international impression of the EU.
Topic:
International Relations, Government, and Human Rights
Political Geography:
Europe

148. Patterns of Power. The EU's External Steering Techniques at Work - The Case of Democratization Policies in Morocco

Author:
David Budde and Mathias Großklaus
Publication Date:
12-2010
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
This paper conceptualizes a framework of political steering that includes modern conceptions of power as formulated by Foucault, Habermas, Bourdieu and others and applies it to the empirical analysis of the EU neighborhood policies. Analyzing the promotion of human rights and democracy as part of a comprehensive security strategy in Morocco since 2003, the authors scrutinize the use and the resonance of hierarchic, indirect and soft steering modes in EU external governance in the Southern Mediterranean. The findings suggest that Europe employs a complex strategy that targets governing officials, civil society actors and society at large, each with a respective mix of steering modes. Whereas classic incentives failed to initiate reforms at the government level, they proved effective in empowering Moroccan civil society actors. Soft modes are shown to play a decisive role in shaping the self-image of the administration officials vis-à-vis the EU and the parameters of public discourse on human rights and democracy, thus allowing for non-governmental actors to encroach on the government and demand democratic reforms. The integrated perspective on steering mechanisms in EU neighborhood policies thereby reveals the need to further explore micro-techniques of power in external governance analysis.
Topic:
Civil Society, Democratization, and Human Rights
Political Geography:
Africa, Europe, Arabia, North Africa, and Morocco

149. Democray and Legitimacy in the European Union Revisited: Input, Output and Throughput.

Author:
Vivien Schmidt
Publication Date:
11-2010
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
Whether their analytic frameworks focus on institutional form and practices or on its interactive construction, scholars have analyzed the EU's democratic legitimacy mainly in terms of the trade-offs between the output effectiveness of EU's policies outcomes for the people and the input participation by and representation of the people. Missing is theorization of the “throughput” efficiency, accountability, transparency, and openness to consultation with the people of the EU's internal governance processes. The paper argues that adding this analytic category facilitates assessment of these legitimizing mechanisms' interdependencies and facilitates consideration of reforms that could turn this democratic trilemma into a “virtuous circle”.
Topic:
Civil Society, Democratization, and Human Rights
Political Geography:
Europe

150. Is the Wedding of Trade and Human Rights a Marriage of Convenience or a Lasting Union?

Author:
Susan Ariel Aaronson
Publication Date:
06-2010
Content Type:
Journal Article
Journal:
Human Rights and Human Welfare - Review Essays
Institution:
Josef Korbel Graduate School of International Studies, University of Denver
Abstract:
Where many see trade policies and agreements as undermining human rights, Emilie Hafner- Burton takes a contrarian and more optimistic view. Her provocative and well-written book, Forced to Be Good: Why Trade Agreements Boost Human Rights, is based on years of qualitative and empirical analysis of the marriage of trade agreements and human rights. She shows that, rather than undermining human rights, Americans and Europeans have developed “mutually binding trade agreements that safeguard people's rights and even impose penalties for violations” (2). Moreover, Hafner-Burton provides an illuminating analysis as to why developing countries might accept increased human rights conditionality. She concludes that acceptance of human rights conditionality illustrates an “extraordinary political conversion in the way governments manage trade”.
Topic:
Human Rights
Political Geography:
America and Europe