Suchergebnisse

Cover -- Quartino -- Dedication -- Table of contents -- List of abbreviations -- Introduction -- Part I - Defining state secrecy -- Chapter 1 - State secrecy in domestic legal systems -- Chapter 2 - State secrecy in the international legal system -- Part II - State secrecy and the international protection of human rights -- Chapter 3 - State secrecy and treaty monitoring bodies'practice -- Chapter 4 - State secrecy beyond treaties: towards a customary norm prohibiting recourse to state secrecy to conceal gross human rights violations? -- Part III - Theoretical and practical issues arising from the horizoantal and vertical interaction among norms and legal orders -- Chapter 5 - From state to international organisation secrecy -- Chapter VI - To disclose or not to disclose state secrets? The dilemmas of interstate cooperation in the field of intelligence, diplomacy, and mutual legal assistence -- General conclusions -- Bibliography -- Printed by.

Cover -- Occhiello -- Dedica -- Table of Contents -- Foreword -- Table of Abbreviations -- Table of Cases -- 1. Introduction to the Human Right to Life -- 2. The Reach of the ECtHR's Jurisdiction -- 3. The Obligation to Protect 'Everyone's Right to Life' by Law -- 4. Death Penalty: From Permission to Prohibition -- 5. Permitted Uses of Lethal Force -- Appendices -- Select Bibliography.

The essay focuses on the dialogue between Parliaments and Courts with a particular interest on the role that representative assemblies can play in protecting human rights in relation with the Courts' activity. Due to their democratic legitimacy, parliaments fulfill a particularly relevant function in protecting and promoting human rights, and they should fulfill it more and more. Hence, the importance in each legal system to define efficient mechanism of parliamentary control on human rights in the light of jurisprudence of the Courts and in particular of the Court of Strasburg. Among the most significant experiences, the English experience and the role played by the Joint Committee on Human Rights in the light of the Human Rights Act 1998 are analyzed.

Adjusting the legal status, and support policies for migrant workers is an issue on the agenda of international institutions for nearly a hundred years. The first efforts to protect foreign workers have been taken during the first session of the International Labour Conference in 1919. In the following decades ILO activities has led to the preparation of three international documents concerning this issue (non-binding ILO Convention No. 66 in 1939, and Convention No. 97 of 1949, and No. 143 of 1975). For many decades, the problem of the protection and assistance of migrant workers' rights was considered as a narrow issue of international labor law. Codification efforts, undertaken during seventies, has led to the adaptation of the UN document (International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families) in 1990, and inclusion this issue into more general area of international human rights law. Despite this fact, and the existence of several categories of documents concerning migrant workers within Council of Europe, the European Union, and even ASEAN, the protection of migrant workers has never been effectively functioning system. The aim of this article is the analysis of the codification of that issue, and the main obstacles to consensus on the protection of migrant workers' rights. The state parties of the UN Convention contains primarily countries of origin of migrants (such as Mexico, Morocco and the Philippines). It seems, therefore, that despite 46 ratifications the, UN convention does not have a global character, and activities of its monitoring body (Committee on Migrant Workers-CMW) reflects primarily demands of sending countries. The article closely examines particularly controversial provisions of the ILO and UN documents from the point of view of current labour migrations and policies of sending and host countries.

This article addresses the right to conscientious objection as a general constitutional right. Such a right is not different from the right to freedom of conscience, which corresponds to its foundation and justification. In the case of the right to conscientious objection, the reference to its constitutionality represents its source of legitimacy, but also limits its source of legitimacy, but also limits its exercise. These restrictions depend on the respect for other constitutional values and on the reasonability of the discrepancy between personal values and duties imposed by law. The right to conscientious objection does not necessarily have to be recognized by a legislator; it may well be acknowledged by judges. The latter seems the most appropriate context because the right to conscientious objection is to privacy against public power, even when respecting constitutional values. ; El artículo hace referencia al derecho de objeción de conciencia como un derecho constitucional general. Tal derecho no difiere del derecho a la libertad de conciencia que constituye su .fundamento y justificación. En el caso del derecho a la objeción de conciencia, la referencia a la Constitución representa su fuente de legitimidad, pero también un límite a su ejercicio. Estas restricciones dependen del respeto a otros valores constitucionales y de la razonabilidad de la entre los valores personales y los deberes impuestos por la ley. No necesariamente el derecho a la objeción de conciencia tiene que ser reconocido por el legislador; puede muy bien ser acogido por los jueces. Esto último parece lo más apropiado puesto que la razón del derecho a la objeción de conciencia es un defender la privacidad contra el poder público incluso en relación con valores constitucionales.

Mediation is proving to be an effective way to manage conflicts in aconstructive way. But mediation not only helps to solve specific problems, because its potential encompasses aspects of greater complexity. Thus, mediation helps us to know ourselves better, to better understand others, and to use what we have learned to better manage future conflict situations. In asociety where there is no culture of agreement and where there is no education in the field of emotions, mediation becomes an adequate and effective tool to resolve conflicts in apeaceful and constructive manner. On the other hand, mediation allows the parties to take responsibility for the resolution of their own conflict, to be active agents in the process. The greater the citizens' participation in the different decision making processes, the more democratic asociety will be. That is why, in the restoration of social peace, citizenship should play arole as an active agent, and mediation is asuitable instrument for this purpose because the individuals in conflict find the way to solve it without third party impositions. ; Mediation is proving to be an effective way to manage conflicts in aconstructive way. But mediation not only helps to solve specific problems, because its potential encompasses aspects of greater complexity. Thus, mediation helps us to know ourselves better, to better understand others, and to use what we have learned to better manage future conflict situations. In asociety where there is no culture of agreement and where there is no education in the field of emotions, mediation becomes an adequate and effective tool to resolve conflicts in apeaceful and constructive manner. On the other hand, mediation allows the parties to take responsibility for the resolution of their own conflict, to be active agents in the process. The greater the citizens' participation in the different decision making processes, the more democratic asociety will be. That is why, in the restoration of social peace, citizenship should play arole as an active agent, and mediation is asuitable instrument for this purpose because the individuals in conflict find the way to solve it without third party impositions.