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JUSTICE in the AFSJ

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Krisztina Karsai Dr.

on 21 November 2017

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Transcript of JUSTICE in the AFSJ

TFEU Art 67
1. The Union shall constitute an area of freedom, security and justice with respect for fundamental rights and the different legal systems and traditions of the Member States.
(4.) The Union shall facilitate access to justice, in particular through the principle of mutual recognition of judicial and extrajudicial decisions in civil matters.
Access to Justice
Human rights exercise
HR - AFSJ
Selected issues
JUSTICE - in the AFSJ
JUSTICE
SECURITY
FREEDOM
PROTECTION OF FUNDAMENTAL RIGHTS IN THE EU
Charter of Fundamental Rights
EUROPEAN HUMAN
RIGHTS PROTECTION
European Convention of Human Rights
TEU - Article 2
The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
GENERAL AIM
AFSJ
1.
2.
3.
Council of Europe (Coe)
obliges states to guarantee each individual’s right to go to court – or, in some circumstances, an alternative dispute resolution body – to obtain a remedy if it is found that the individual’s rights have been violated
EU - CFR Art 47 - right to an effective remedy
CoE - ECHR Art 6 - right to a fair trial
ECHR Art 13 - right to an effective remedy
fair and public hearing
independent and impartial tribunal
legal aid
right to be advised, defended and represented
right to effective remedy
http://ybtj.justice.gov.uk/
History of Human Rights
Greek philosophy
Magna Charta
1215
BC
freedom through status
Enlightement
XVIIth c
Revolutions
Europe / America
1789
The Declaration of the Rights of Man and of the Citizen
XVIIIth c
freedom for individuals
individual rights
1948
Universal Declaration of
Human Rights (UDHR)
social, collective rights
1966
International Covenant on Civil
and Political Rights (ICCPR)
1776
Declaration of Independence
1950
1969 Inter-American
Europe
regional regimes
AMERICAN CONVENTION
ON HUMAN RIGHTS
European Convention
on Human Rights (ECHR)
early XXth c
national
constitutions
Human Rights are universal
all living persons
not someone special
independence of HR
with immanent restrictions
examples:
right to vote - geographical
freedom of movement - locational (prison!)
rights of the children - by nature
irrespective of their citizenship, nationality, race, ethnicity, language, sex, sexuality, or abilities
law does not establish HR
inalienable and indivisible
Child labour by 17 year olds:
A. Is always a violation of the rights of the child.
B. Is a violation of the rights of the child if the task is harmful.
C. Can be acceptable if the government has fixed the minimum working age to be under 17.
C is correct. The Children’s Rights Convention bans child labour if it is dangerous or a form of exploitation, but allows governments to fix the age under which the ban is valid. There is much pressure to reach more stringent restrictions on child labour.
MS
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