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This article examines the role and relevance of the introduction of judicial precedent as a source of law in Ukraine, which is related to the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter -- the Convention), Decisions of the European Court of Human Rights (hereinafter -- the ECHR) and judicial practice of national courts. The opinion is substantiated that the introduction of judicial precedent as a source of law in Ukraine will have positive consequences for the legal system of Ukraine and will provide additional protection of human rights and freedoms. Prospects for the possible introduction of judicial precedent as a source of law and important institutional changes that can lead to a complete transformation of the current system are determined. In connection with this, the issue is analyzed, and a generalized characteristic is given regarding the role of court precedent in advanced countries, such as Switzerland, Poland, and France. The properties of the legal systems of the world, the peculiarities of the use and status of the Convention, and the judicial practice of the ECHR in Ukraine are also considered. The article presents an analysis of scientific research by advanced scientists and lawyers who formed a professional view on issues related to judicial precedent and possible reform of the current legal system. A generalized description of the concept regarding the nature and features of judicial precedent as a source of law is provided. Simultaneously, the author of the article notes that the issue of defining the conceptual place and fundamental perspective of judicial precedent in the legal system of Ukraine is very relevant and important for Ukraine, as it is related to the protection and provision of rights and freedoms of man and citizen. Accordingly, special attention is paid to the fact that this issue should be resolved at the legislative level, as this will help to avoid collisions, misunderstandings, and possible duplication of norms. Moreover, the introduction of legislative innovations and reforms requires the generation of an appropriate legal bridgehead with the possible training of cour ts. Thus, the author concludes that the main consequences of the introduction of judicial precedent as a source of law will be the following: stability and predictability of the legal system, increasing the independence of the judicial branch of government, borrowing the best international experience, unification, and harmonization of current judicial practice, respectively, additional protection of rights and civil liberties. [ABSTRACT FROM AUTHOR]

The article deals with the implementation of the decision of the European Court of Human Rights in the case "Polyakh and Others v. Ukraine", which concerns the dismissal of civil servants in accordance with the Law of Ukraine "On Purification (Lustration) of Power" of September 16, 2014. It is noted that this decision had a large public impact resonance. To fulfill it, Ukraine must pay the debt collectors compensation and take additional measures of an individual nature; take measures of a general nature. The application of the decision of the European Court of Human Rights in the case "Polyakh and Others v. Ukraine" to the implementation of the compensation payment did not cause obstacles, just as there are no obstacles for the payment of compensation to debt collectors, since the funds for such payments are in a special budget program. The most difficult is the implementation of the decisions of the European Court of Human Rights in terms of taking measures of a general nature: making changes to the current legislation and the practice of its application; making changes to administrative practice; provision of legal examination of draft laws; provision of professional training on the study of the Convention and the practice of the Court of prosecutors, lawyers, law enforcement officers, workers of immigration services, other categories of workers whose professional activity is related to law enforcement, as well as to keeping people in conditions of deprivation of liberty; other measures to be determined - subject to supervision bythe Committee of Ministers of the Council of Europe. The general measures taken by Ukraine to implement the decision of the European Court of Human Rights in the case "Polyakh and others v. Ukraine" have been analyzed. Attention is focused on the fact that, unlike the lustration laws of other Council of Europe member states, the Law of Ukraine "On Purification (Lustration) of Power" has a wider scope of application and is aimed at achieving two different goals - the protection of society from persons who, due to their behavior in the past can harm the newly created democratic regime and the cleansing of state authorities from persons who were involved in large-scale corruption. A legal assessment of the approach used by the state - preservation of automatic lustration - is given and a conclusion is drawn regarding its compliance with the norms of the Convention on the Protection of Human Rights and Fundamental Freedoms of 1950. [ABSTRACT FROM AUTHOR]

Participation in democracy has been suggested as an inherent value of democracy by allowing citizens to participate in political decision-making. Since the 2000s and, more particularly, after the creation of the UNESCO Intangible Cultural Heritage Convention and the Council of Europe's Faro Convention, there has been a call for a participatory approach to heritage management. In 2008 Norway ratified the Faro Convention justifying the existence of statutory participatory practices and community engagements. This paper assesses these practices as they read at the national legal provisions to evaluate how Norway articulates participative processes regarding cultural heritage management. The results indicate that the legal framework long for an active role of inhabitants in local administration and planning and heritage management but prevent them from influencing governance beyond the elections. Accordingly, cultural heritage management is still far from being considered a 'sharing responsibility' between citizens and authorities as the Faro Convention calls for. [ABSTRACT FROM AUTHOR]

This article examines the regulatory framework related to human trafficking in Hong Kong and identifies its deficiencies as the lack of an accepted internationally compliant definition of trafficking and the absence of any specific criminal offence of trafficking as a result. The article compares the approach taken in Hong Kong to efforts undertaken in Europe by the Council of Europe, the UK, and the European Union and identifies several lessons from the European experience that could help rectify failures observed in Hong Kong. In particular, effective combatting of human trafficking requires not only a definition of the offence that recognises the essential elements--an "act," a "means," and a "purpose" of exploitation--but also the establishment of sufficient state institutions and agencies dedicated to identifying and protecting trafficking victims. Without the detection of trafficking victims, criminals engaged in the act of trafficking perceive their chances of being caught and prosecuted as low and operate with impunity. This necessitates the adoption of a consistent and readily identifiable criminal offence of "trafficking" aligned with the approach taken by the Palermo Protocol, just as the EU and UK have done. [ABSTRACT FROM AUTHOR]

The article discusses the Council of Europe's adoption of a Framework Convention on Artificial Intelligence (AI), which is the first binding international treaty aimed at upholding human rights, democracy, and the rule of law in the use of AI systems. Topics discussed include the drafting process of the convention, its structure and obligations for member states, and its approach to regulating AI systems throughout their lifecycle.

Youth work has become a well-developed European field of activity in terms of structure and content, not at least since the adoption of the European Youth Work Agenda (2020). Through a meta-synthesis of three structural studies on youth work in Europe, this article provides three main considerations. Firstly, the article makes an analytical distinction between European youth work and youth work in Europe, thus clarifying the general concept of "youth work". Secondly, this analytical distinction helps to systematise and classify the topics being dealt with by actors in the field of youth work: youth work as a European framework (role of European documents; transfer between levels; youth work in times of crises), youth work development at the national, regional and local level (youth work legal framework; funding; recognition, quality and professionalisation; innovations), and the multi-dimensional challenges of shrinking spaces for both young people and youth work (youth work as an independent field of action; shortage of skilled labour; austerity measures; young people moving away; rise of extremism). Thirdly, the discursive openings the different concepts and narratives of youth work can offer are outlined. In this way, the article hopes to contribute to the (further) development of youth work theory in Europe. [ABSTRACT FROM AUTHOR]

Youth work has become a well-developed European field of activity in terms of structure and content, not at least since the adoption of the European Youth Work Agenda (2020). Through a meta-synthesis of three structural studies on youth work in Europe, this article provides three main considerations. Firstly, the article makes an analytical distinction between European youth work and youth work in Europe, thus clarifying the general concept of “youth work”. Secondly, this analytical distinction helps to systematise and classify the topics being dealt with by actors in the field of youth work: youth work as a European framework (role of European documents; transfer between levels; youth work in times of crises), youth work development at the national, regional and local level (youth work legal framework; funding; recognition, quality and professionalisation; innovations), and the multi-dimensional challenges of shrinking spaces for both young people and youth work (youth work as an independent field of action; shortage of skilled labour; austerity measures; young people moving away; rise of extremism). Thirdly, the discursive openings the different concepts and narratives of youth work can offer are outlined. In this way, the article hopes to contribute to the (further) development of youth work theory in Europe.

The membership of Bosnia and Herzegovina (BiH) in the Council of Europe, in a broader theoretical sense, is an example of a somewhat neglected aspect in the relations between states and international organizations — the effect that international memberships, with a company in rights and obligations, have on achieving internal political consensus and building additional state capacities. This is particularly important for small, vulnerable, and highly decentralized states like Bosnia and Herzegovina. Although the concept of membership is neither demanding nor exclusive like that of the European Union, BiH waged a fierce diplomatic and political battle for this membership – by fulfilling pre-accession conditions (adopting the Election Law of BiH) and through intensive diplomatic lobbying, along with the obligation to meet a whole series of post-admission conditions. More than two decades of membership have provided examples of building additional state capacities – the imperative for constitutional changes, the upgrading of judicial and diplomatic-bureaucratic infrastructure through the formation of inter-ministerial groups, innovative institutional solutions, introduction of new functions or institutions; projecting one's political values in the context of current problems and issues that the international organization and its membership address, and opening new opportunities for international careers for officials, diplomats, or citizens of BiH.

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 287-309 | Article | (Table of Contents) I. Introduction. – II. A Brief (Constitutional) History of Kosovo. – III. Human Rights in Kosovo’s Legal Order. – III.1 Constitutional Integration. - III.2 Judicial Application. – IV. Standard-Setting, Monitoring and Cooperation Mechanisms. – IV.1 The Horizontal Facility. – IV.2 Other Programmes and Projects. – IV.3 From Projects to Change. – V. Conclusion and Outlook. | (Abstract) Areas of contested statehood present challenges to human rights on both a normative and a practical level. As areas of contested statehood face difficulties in acceding to human rights treaties and international organizations, more creative solutions have had to be found to ensure the protection of human rights in line with international standards. In recent years, Kosovo has been one of the most prominent examples of an area of contested statehood in Europe. This Article focuses on the role of one key international actor – the Council of Europe (CoE) – regarding the promotion of human rights in Kosovo. Combining doctrinal and empirical analysis, the Article discusses two key aspects of the relationship between the CoE and Kosovo: (1) the constitutionalisation and judicial application of the CoE’s human rights standards in Kosovo’s constitutional legal order; and (2) Kosovo’s interaction with the CoE’s human rights standard-setting, monitoring, and advisory mechanisms. This Article argues that these two aspects of the CoE’s and Kosovo’s relationship have been relatively impactful in embedding the CoE’s human rights standards in Kosovo. This has occurred to such an extent that Kosovo’s human rights system has now become inextricably tied to the Council of Europe’s human rights standards, despite not (yet) being a member of the CoE.

Over the last few years, artificial intelligence (AI) technologies have become embedded in various domains of social life, prompting legislative efforts at both national and international levels. In the European Union (EU), this drive for legislation has been reflected in various legal instruments, notably the proposed AI Act, which is expected to become a global standard through the “Brussels Effect.” This Article argues that while the AI Act will likely produce a Brussels Effect of its own, such an outcome will be accompanied by a side effect that undermines the EU’s ambition to spread legislative text and values in AI governance. Since the AI Act follows EU product safety legislation, its provisions supply limited protection to some of the values the EU policy intends to protect, such as the protection of fundamental rights. These shortcomings are compounded by the EU’s active efforts to shape alternative instruments, such as the Council of Europe’s proposed convention on AI along the lines of the AI Act. As a result, the diffusion of the AI Act as a global standard will have consequences for the EU policy agenda on AI and the conceptualization of the Brussels Effect.

In the context of the right to leisure – enshrined by the Universal Declaration of Human Rights (1948) – this article addresses how the Council of Europe's (2016) Convention on an 'Integrated Safety, Security and Service Approach at Football Matches and Other Sports Events' ('Saint-Denis Convention') provides a legal pathway towards what we conceptualize here as the right to 'safe leisure'. This right to 'safe leisure', we locate within broader right to leisure discourses which this article reconsiders. We contend that the Convention has wider ramifications for the intersection between human rights and leisure and that the Convention's potential resides in the fact that it enhances the existing and orthodox conceptualizations of leisure. Following an unpacking and operationalization of the right to leisure, this conceptual article then showcases how the 2016 Convention enshrines distinct duties and obligations which establish a clear right to 'safe leisure' within a significant realm of leisure life. [ABSTRACT FROM AUTHOR]

In this study we investigate the implementation and challenges of accessing archives in the digital age. Through an online survey and expert interviews, data were collected from archival institutions, professional users, and civil society organizations in all Council of Europe member states. The findings reveal that digitization has had a positive impact on document accessibility, providing convenience, reducing workload, and improving user access. However, only a small portion of archival holdings have been digitized, highlighting the need for further efforts in this area. Data protection and copyright present significant obstacles, with the European General Data Protection Regulation leading to access restrictions and legal uncertainties. Preservation, interoperability, and organization of records pose challenges in the digital realm, and while artificial intelligence shows promise in automating metadata creation and identifying sensitive materials, concerns about algorithmic biases and the need for additional checks are highlighted. To enhance accessibility, user-friendly interfaces, cooperation among memory preserving institution, and outreach to new user groups are crucial, which can ensure the effective preservation and accessibility of digital collections in the digital age. We provide insights for policy-making and archival institutions in navigating the evolving landscape of accessibility. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to present the existing international standards concerning national legislation regulating hate speech, focusing particularly on the instruments of the Council of Europe. Namely, Council of Europe’s Recommendation CM/Rec(2022)16 on combating hate speech and the “General Policy Recommendation No. 15 on Combating Hate Speech” by the European Commission against Racism and Intolerance (ECRI) elaborate in detail on the conditions necessary to fulfill the provisions of hate speech in the areas of criminal, civil, and administrative law, in accordance with international human rights standards. Due to their particular importance for the national contexts, a summary of these instruments will be provided. [ABSTRACT FROM AUTHOR]

The aim of the work is to formulate proposals for improving the investigation of manipulation of the results of expected results in sports, taking into account the existing gaps in the Macolin Convention. The research employed formal-legal method, logical-legal method and descriptive method. The main obstacles to implementing the Convention of the Council of Europe on the Manipulation of Sports Competitions were identified. There are legislative, cultural, and economic differences between countries, which do not allow for its implementation in a single way for everyone. The study determined that combating the manipulation of sports competitions is impossible without the proper cooperation of countries and interested participants, aimed at increasing the transparency of the flow of funds in sports, improving sports management and legal framework, etc. The significance of the latest technologies in the fight against threats generated by the growth of the online betting market is noted. The importance of cooperation with the media in the course of investigations of manipulations was emphasised. The practical significance of the results is the possibility of their application to overcome existing obstacles in the fight against manipulation in sports and use the proposed methods of countering and investigating such manipulations. [ABSTRACT FROM AUTHOR]

Artificial intelligence's threats to human rights can offset its significant benefits for human welfare. This makes it essential to analyse the current status and existing practices in developing the regulatory framework for artificial intelligence (AI). This paper aims to conduct a comparative legal analysis of the role of AI in ensuring human rights in Europe (in the example of the European Union) and the Middle East (in the example of Israel). The article uses comparative legal, formal legal and descriptive methods. The analysis shows that AI may harm the enjoyment of several human rights. Existing legislative initiatives (in particular, The EU Artificial Intelligence Act (AI Act), the Council of Europe's AI Convention) do not fully protect human rights from the impact of artificial intelligence due to existing gaps in the regulation of the private sector and national security, as well as the effect on the transparency of decisions in criminal law. The main problem is the inadequate regulation of the development and use of AI in national security and the private sector. This creates loopholes through which AI can cause significant harm to human rights and lead to violations. Further research can determine how the shortcomings identified in this paper may affect human rights and what safeguards can be put in place. [ABSTRACT FROM AUTHOR]

The treatment or the resocialization is the most important part of the prison sentence which methods can be individual and group. Motivated inmates and less resistance for the treatment are the main precondition for effective treatment. Appropriate behavior of personnel is the main factor for that result. Cognitive-behavioral therapy (CBT) as the most effective evidence based psychotherapy approach for offender population is a type for inmate treatment. CBT is a result of Aaron Beck pioneering work in the 1960s. CBT model is based on the triangle relationships between cognition, emotions and behavior. The cognition is defined as a product of the three levels: cognitive schemas, negative automatic thoughts and dysfunctional thinking or thinking errors. The inventory of risk, need and strengths (IORNS), an risk assessment instrument, based on Risk, need and responsivity (RNR) model, was used for selection of (N=27) inmates and CBT treatment pilot program final evaluation, in Macedonian prison Bitola. The evaluation was done by comparing pre and post test measures in (N=12) male inmates, as optimal number for group psychotherapy treatment. According to the RNR model the treatment program needs to be oriented to the inmates needs. Implementing CBT treatment program for group psychotherapy and IORNS as short screening tool in Macedonian prisons was the aim of the project supported by the Council of Europe in this work. The results showed significant lower Procriminal attitudes but higher Aggression because of higher Aggressive behavior in the post measures. Results and instrument can be used in next CBT programs evaluations for better rehabilitation of prison inmates and reducing recidivism. [ABSTRACT FROM AUTHOR]

Technology qualifying as human mood enhancement can be developed, on the one hand, for the well-being and mental health of their users (therapy) and, on the other hand, for changing the mood of their users above levels of normality (enhancement). Such technology provokes debates concerning its societal, ethical and legal consequences for individuals and society as a whole. This paper's aim is twofold. It first aims to show an overview of the often-occurring arguments in the ethics debate about mood enhancement technology and outline which arguments should be considered relevant for supporting the legislative debate. The second aim of the paper is to highlight some of the main legal aspects concerning this technology through the human rights lens of the United Nations, the Council of Europe, and the European Union. [ABSTRACT FROM AUTHOR]

The article analyzes the legal framework of the United Nations, the Council of Europe, and the European Union in relation to discrimination and hatred towards women based on gender and religion. The importance of gender equality and religious freedom is highlighted, as well as the need to protect and promote these fundamental rights. The author conducts a thorough analysis of the norms and documents issued by these international organizations, with the aim of understanding how this issue is addressed. The importance of adopting an intersectional perspective to ensure the effective protection of women's rights is emphasized. The text analyzes norms and documents that offer a negative and limiting concept of women's rights in relation to religion. Resolutions of the United Nations General Assembly and reports from the Special Rapporteur on violence against women and the Special Rapporteur on freedom of religion or belief are mentioned. The legal framework of the Council of Europe and the European Union in relation to gender equality and non-discrimination based on religious grounds is also addressed. The book is recommended for those interested in understanding and implementing measures in these areas. [Extracted from the article]

The judgment of the European Court of Human Rights in Mortier v Belgium, delivered in October 2022, is the first time the Court has squarely confronted the issue of whether permitting assisted dying is compatible with a state's obligation to protect life under Article 2 of the European Convention on Human Rights. The case, brought by the son of a woman who had been euthanised, was based predominantly on the argument that the Belgian system of assisted dying failed to adequately protect the lives of vulnerable individuals, such as the applicant's mother. A majority of the Court held that a permissive assisted dying regime could comply with the positive obligation to protect under Article 2, provided there are safeguards in place including a system capable of ensuring that an individual's request for assistance is freely made and informed, as well as a posteriori control in the form of supervision of compliance with the legislative and regulatory safeguards. While there were deficiencies in the Belgian system's a posteriori control which led to a finding of a violation of Article 2, the judgment clearly demonstrates that states can permit assisted dying without violating their protective obligations under Article 2. Significantly, the Court did not consider that permitting assisted dying for individuals whose suffering emanates from a non-terminal condition (including a mental illness) was problematic from a Convention perspective. The judgment is likely to be of considerable interest to policy makers, legislators, medical practitioners, and campaigners in the increasing number of jurisdictions both within the Council of Europe and beyond, that are considering whether to legalise assisted dying and, if so, the parameters of such a regime. [ABSTRACT FROM AUTHOR]

Over the last few years, artificial intelligence (AI) technologies have become embedded in various domains of social life, prompting legislative efforts at both national and international levels. In the European Union (EU), this drive for legislation has been reflected in various legal instruments, notably the proposed AI Act, which is expected to become a global standard through the "Brussels Effect." This Article argues that while the AI Act will likely produce a Brussels Effect of its own, such an outcome will be accompanied by a side effect that undermines the EU's ambition to spread legislative text and values in AI governance. Since the AI Act follows EU product safety legislation, its provisions supply limited protection to some of the values the EU policy intends to protect, such as the protection of fundamental rights. These shortcomings are compounded by the EU's active efforts to shape alternative instruments, such as the Council of Europe's proposed convention on AI along the lines of the AI Act. As a result, the diffusion of the AI Act as a global standard will have consequences for the EU policy agenda on AI and the conceptualization of the Brussels Effect. [ABSTRACT FROM AUTHOR]

Disputes on property rights date back to the ancient times. Having undergone extensive development, the right to property can be protected through a vindication claim and actio negatoria which are the most common of the private legal means of protecting property rights within the domestic judicial proceedings in Georgia. Within the Council of Europe, "existing property" and legitimate expectations to acquire an asset are safeguarded by Article 1 of Protocol No. 1 to the European Convention on Human Rights, which enjoys supremacy over domestic legislation, including the country's Constitution. The European Court of Human Rights differentiates between three rules on how protection of property is represented under this provision and interprets the state's positive obligations in securing property rights, including through investigation. [ABSTRACT FROM AUTHOR]

Copyright of Opole Studies in Administration & Law (OSAO) / Opolskie Studia Administracyjno-Prawne (OSAP) is the property of University of Opole / Uniwersytet Opolski and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article examines the regulatory framework related to human trafficking in Hong Kong and identifies its deficiencies as the lack of an accepted internationally compliant definition of trafficking and the absence of any specific criminal offence of trafficking as a result. The article compares the approach taken in Hong Kong to efforts undertaken in Europe by the Council of Europe, the UK, and the European Union and identifies several lessons from the European experience that could help rectify failures observed in Hong Kong. In particular, effective combatting of human trafficking requires not only a definition of the offence that recognises the essential elements—an “act,” a “means,” and a “purpose” of exploitation—but also the establishment of sufficient state institutions and agencies dedicated to identifying and protecting trafficking victims. Without the detection of trafficking victims, criminals engaged in the act of trafficking perceive their chances of being caught and prosecuted as low and operate with impunity. This necessitates the adoption of a consistent and readily identifiable criminal offence of “trafficking” aligned with the approach taken by the Palermo Protocol, just as the EU and UK have done.

Drawing on research at the intersection of adult transformative learning and language education, this article argues that by triggering meta-cognitive processes, language awareness, and perspective transformation, structured reflection (SR) tasks across language and culture curricula contribute to the development of learners as interculturally competent world citizens rather than global human capital. As their learning objectives align with the 2022 Council of Europe's recommendations on intercultural education, SR should be part and parcel of teachers' training. This qualitative study seeks to offer a theoretical framework and a discussion of best practices to help educators implement SR tasks into the language curriculum. KEYWORDS: structured reflection, transformative learning, language teaching, Introduction The current study seeks to offer a theoretical framework and a discussion of best strategies to help educators implement structured reflection (SR) tasks into the language curriculum. (1) In [...]

Background: Prisons in Europe remain high-risk environments and conducive for infectious disease transmission, often related to injection drug use. Many infected people living in prison unaware of their infection status (HIV, hepatitis C). Despite all Council of Europe (CoE) member states providing community needle and syringe programmes (NSP), prison NSP are limited to seven countries. The study aim was to scrutinise the Committee for the Prevention of Torture and Inhuman or Degrading Treatment (CPT) reporting of periodic and ad hoc country mission visits to prisons, with an explicit focus on the extent to which member states are/were fulfilling obligations to protect prisoners from HIV/hepatitis C; and implementing prison NSP under the non-discriminatory equivalence of care principle. Study design: Socio-legal review. Methods: A systematic search of the CPT database was conducted in 2024 with no date restriction. All CPT reports were screened in chronological order with the terms; “needle”, “syringe”, “harm reduction” and “NSP”. Relevant narrative content on prison NSP operations, including repeat CPT reminders and any official/publicly expressed reasons for not implementing is presented. Results: CPT reporting reveals limited prison NSP provision in selected prisons visited on mission, with little change in status over time, despite documented evidence of prior observations around absent/insufficient harm reduction measures and explicit (often longstanding) recommendations to address deficits. Reasons for not implementing prison NSP include; existing availability of opioid substitute treatment, lack of evidence for injecting drug use, for security and maintenance of order, and contradiction with prison protocols sanctioning drug use. Conclusions: Prison health is public health. Regular research and evaluations of prison NSP in Europe are warranted. Future CPT visits should also continue to assess availability and standards of provision; recommend where appropriate including when opioid substitute treatment is already provided, and in line with broad availability of community NSP in Europe.

The Council of Europe, although often confused with the European Council, is not an institution of the European Union, but an international intergovernmental organisation. In reality, the Council of Europe is an international organisation that has legal personality recognised by international law and whose main objective is the defence of human rights, democratic development and political and social stability in Europe for around 820 million people in 47 Member States, including the Member States of the European Union. It is important to note that states wishing to join the Council of Europe must also ratify the European Convention on Human Rights, also known as the European Convention for the Protection of Human Rights and Fundamental Freedoms. We therefore restate that the Council of Europe is the driving force behind European Union legislation, to the extent that the European Union gets much of its legislative inspiration from the legal instruments that the Council of Europe has adopted to enshrine, promote, and protect the most fundamental human rights. [ABSTRACT FROM AUTHOR]

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper aims to reconstruct the Albanian rural landscape through qualitative, diachronic, and multisource interpretations from the mid-19th century until 2022. For the first time, the data suitable for studying and describing landscape changes have been outlined to understand them over time, combining literature, historical maps, paintings, photo collections, movies, land art, and statistical dataset interpretations. By describing the changes in the Albanian landscape and interpretation of agricultural statistics, the research has confirmed the land-use dynamicity of its rural landscape. These considerations call for a more contemporary approach to landscape planning, stressing the need for the State Party to sign the Council of Europe Landscape Convention. In addition, strategies and actions should valorise both the ordinary landscape and the community involvement in its proactive management. [ABSTRACT FROM AUTHOR]

International and national human rights legal and policy frameworks have traditionally relied on addressing discrimination through a single-axis angle, identifying and addressing single grounds in cases of discrimination. By focusing predominantly on individual dimensions of discrimination, they often neglected to acknowledge the systemic and historical dimensions of discrimination which continue to shape contemporary social inequalities and hierarchies. A concept of intersectional discrimination, although now widely accepted, has not yet been consistently reflected in the legal and policy documents of international human rights organizations. This article examines the extent to which the monitoring mechanisms of international human rights instruments take an intersectional approach to improve policy outcomes and tackle the structural roots of inequality that pervade societies around the world and prevent the achievement of substantive equality for all. [ABSTRACT FROM AUTHOR]

Disinformation is widely considered to be one of the most pressing issues confronting society in the new online communication environment of today. The present problem of disinformation, however, did not materialise in a vacuum, and so the response to it needs to be situated among established constitutional principles. This paper, based on the jurisprudence of the European Court of Human Rights and some relevant documents and recommendations in this area at the European level, summarizes the most representative European principles of freedom of speech that are highly relevant in forming a legal answer to the issue of disinformation. Clarification of the current constitutional doctrine suggests that measures to restrict communication in the fight against disinformation can only play a more significant role than at present if the basic principles of freedom of speech are set aside. We therefore argue that we should primarily seek other solutions. [ABSTRACT FROM AUTHOR]

Genital tract infections of various etiologies and anemia remain common in pregnant women. At present, there is a paucity of data on the impact of reproductive tract infections on the development of anemia in pregnant women, with particular emphasis on the contribution of eryptosis. The aim of the current study was to assess the ability of bacterial, viral and fungal reproductive tract infections to trigger eryptosis of circulating erythrocytes in pregnant women. Methods. The study included 47 pregnant women. According to the pathology of the infection, the patients were divided into three groups: 14 women with bacterial, 12 women with viral, 11 women with fungal infections of the reproductive tract and 10 pregnant women without extragenital and obstetric pathology (control subjects). The following methods were used to determine infection: bacteriologic, microscopic, polymerase chain reaction, immunoenzymatic, etc. Flow cytometry-based detection of eryptosis parameters (cell morphology, membrane phospholipid scrambling, and oxidative stress) was performed in pregnant women with reproductive tract infections of bacterial, viral, or fungal origin and in healthy individuals. Annexin V-FITC staining and 2',7'-dichlorodihydrofluorescein diacetate (H2DCFDA) staining were used to quantify phosphatidylserine exposure and reactive oxygen species (ROS) generation, respectively. Fluorescence was acquired using a BD FACSCanto™ II flow cytometer. ANOVA test was used to compare numerical data of eryptosis assays. Post-hoc Bonferroni test was applied afterwards. Data were processed by Graph Pad Prism 5.0 software (USA). The difference was considered statistically significant at p < 0.05. The research was conducted in accordance with the fundamental principles of Good Clinical Practice (GCP, 1996), the Council of Europe Convention on Human Rights and Biomedicine (April 4, 1997), the Helsinki Declaration of the World Medical Association on Ethical Principles for Medical Research Involving Human Subjects (1964-2008), as well as the Ministry of Health of Ukraine Order No. 690 dated September 23, 2009 (amended by the Ministry of Health of Ukraine Order No. 523 dated July 12, 2012). The research design was discussed and approved at the meeting of the Medical and Ethical Committee of the Kharkiv National Medical University (Protocol No. 19 dated May 19, 2024). The paper is an excerpt from the scientific research project of the Department of Obstetrics and Gynecology No. 2 at Kharkiv National Medical University, entitled «Optimisation of diagnostics, treatment of diseases of the reproductive system and pregnancy complications in women with extragenital pathology» (state registration number 0121U110923).) Results. Erythropoiesis parameters were evaluated in pregnant women with bacterial, viral and fungal reproductive tract infections. Pregnancy-associated bacterial reproductive tract infections were associated with increased phosphatidylserine externalization in circulating erythrocytes, without ROS accumulation or cell shrinkage. Erythrocytes from patients with genital tract infections of viral or fungal origin show no signs of eryptosis, such as cell membrane scrambling, oxidative stress, or changes in cell morphology. Conclusions. Reproductive tract infections of bacterial origin in pregnant women are associated with accelerated eryptosis, which may contribute to anemia in these women. Exclusively bacterial genital tract infection was shown to induce lipid membrane scrambling and hence eryptosis in erythrocytes from pregnant women. Phosphatidylserine externalization did not differ significantly between women with viral or fungal infections and healthy controls. Eryptosis induced by bacterial genital tract infection was not associated with cell shrinkage or ROS overproduction. [ABSTRACT FROM AUTHOR]

This study aimed to examine timebound prison healthcare governance amendments and current structures in Europe two decades after the World Health Organization (WHO) Declaration on Prison Health as part of Public Health adopted in Moscow on 24 October 2003 (Moscow Declaration), which recommended prison health care be closely linked with public health systems to ensure quality prison health care, connected health surveillance, and continuity of care. We present here a regional evolutionary mapping of the Council of Europe Member State transfer of prison healthcare governance to the auspices of the Ministry of Health. The European Committee for the Prevention of Torture database and WHO Regional Office for Europe Health In Prison European Database were scrutinised for Council of Europe (CoE) Member State status regarding the Ministry responsible for prison healthcare governance and if this had changed since the adoption of the Moscow Declaration in 2003. As of October 2023, completed transfer of governance to the Ministry of Health nationally is documented in 13 CoE Member States and in one CoE Member State candidate (Kosovo). Partial transfer is documented in Spain (Catalonia and Basque Autonomous Community) and Switzerland (cantons of Geneva , Valais , Vaud , Neuchatel , and Basel-Stadt). Three CoE Member States operate joint governance of prison health care between Ministries (Malta, Portugal, Türkiye). Transfer is a lengthy process (up to 10 years). Successful transition requires political commitment, cooperation, needs assessment, resourcing, and evaluation. Monitoring of cost and prison healthcare standards, due process for complaints, and cooperation with independent/Committee against Torture inspections is critical. [ABSTRACT FROM AUTHOR]

This study shines a light on the problem of Catalan secessionist leaders' abuse of the term "democracy", an issue rarely discussed in the academic debate. The Catalan secessionist case has mainly been studied as a problem concerning the principle of territorial integrity and how it relates to the existence (or otherwise) of a right of self-determination for a substate entity. However, it is also a problem of democracy. For the entire secessionist process was based on a democratic principle outside and against the Spanish Constitution: one that defends the supremacy and inviolability of the (regional, in this case) parliamentary majority over the rule of law and respect for minority rights. It thus pitted a radical or identity-based democracy against the democracy protected and promoted by the Council of Europe (in which the rule of law, human rights and democracy are inseparable principles forming a single whole). The Venice Commission, the European Court of Human Rights and a divided Parliamentary Assembly have all witnessed this defence of authoritarianism through the radical democratic principle advocated by the leaders of the Catalan process. In response, the first two have defended constitutional democracy, the common heritage on which European public order is based. In 2021, the PACE took a short-lived position (it has adopted no further resolutions in this sense), buoyed by a weak majority, in favour of the Catalan radical democratic principle. Two years later, however, it, too, would defend constitutional democracy as the "genuine democracy" to which the 1949 Treaty of London refers, albeit again by a slim majority. The study concludes that there is no place for the radical democratic principle in Council of Europe law. [ABSTRACT FROM AUTHOR]

This article briefly identifies the aspects of public international law related to the Catalan secession process, bearing in mind that Spain is a constitutional social and democratic state governed by the rule of law and a member of both the European Union (EU) and the Council of Europe (CoE). Over 6 years ago, on 27 October 2017, the regional Catalan Parliament proclaimed the independence of the Autonomous Community of Catalonia. From the start, the most recondite stratum of the Catalan pro-independence strategy has consistently invoked international law considerations with no real basis. Here we explain why. First, given the function of state sovereignty (today humanized and, in the context of the EU and CoE, democratized), under international law, these events can only be classified as a secession process (stricto sensu), that is, a revolutionary act in the constitutional order of the state of Spain with undertones that are far from peaceful. Second, we address the facet of the Catalan pro-secession strategy – typical of populist policies today – consisting of abusing terms and concepts, a language policy that, in our view, was and still is intended to win the minds of both the Catalan population and any other uninformed external observers. Finally, we examine how statehood is acquired under international law and its relationship to the 2017 declaration of Catalan independence and the present-day situation. [ABSTRACT FROM AUTHOR]

The Council of Europe (CoE) was among the first Western institutions to open its doors to Russia after the end of the Cold War. However, during Russia's membership (1996–2022) hopes of socializing the country into the CoE's standards, norms, and principles in the areas of democracy, human rights, and the rule of law never materialized. While the CoE's norms and principles nowadays need to be secured from Russia, there might be a point in the (distant) future where Russia should be reintegrated into European structures, with the CoE then again being a likely forum to that end. Against this background, this paper analyses the CoE's interaction with Russia from the mid-1990s until today, focusing on the accession period as well as the organization's subsequent monitoring activities and (non-)use of sanctions during Russia's membership. It concludes with lessons that could guide future interactions between the CoE and Russia. [ABSTRACT FROM AUTHOR]

Copyright of Acta Iuris Stetinensis is the property of Wydawnictwo Naukowe Uniwersytetu Szczecinskiego / University of Szczecin Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The problem of protecting the civilian population from human rights violations in wartime becomes especially relevant in the context of current armed conflicts. The effectiveness of European human rights mechanisms plays a crucial role in preventing violations and ensuring accountability for committed crimes. The aim of the article is to study the mechanisms of protection of the civilian population from human rights violations through European institutions. The article analyses the activities of the European Court of Human Rights and other regulatory bodies responsible for human rights protection. The study’s results revealed that despite a strong legal framework and institutional structure, the efficiency of the highest instance is questionable - 50%. Statistical analysis showed the need to strengthen international cooperation and adapt existing mechanisms to the needs of the civilian population in the regions of hostilities. The study results emphasise the importance of developing and implementing new strategies for improving human rights protection. Further research should explore the possibilities of integrating the latest technologies into monitoring and recording violations to accelerate the adoption of existing enforcement mechanisms. The study’s practical significance is the analysis of the impact of international diplomatic efforts on the prevention of human rights violations in wartime. [ABSTRACT FROM AUTHOR]

The discourse of good governance in the field of public law and international law is one of the new topics in the administration of the country, which is initially defined as the exercise of political, economic and administrative power to manage public affairs at all levels in a good, efficient and appropriate manner. However, this new concept neither among academics nor domestic and international bodies has clear definition, dimensions or territory. Each definition usually looks at some aspects of it, and finally it is not clear what effects and Elements it has. There is also disagreement about its legal nature. Among the international bodies, the European Court of Human Rights has one of the most prominent case law in recognizing and explaining good governance, which itself has gradually evolved. Examining the procedure of the court, while giving a better understanding of the concept of good governance, shows that the concept of good governance has been developed in the case law of the ECtHR and has been introduced as a legal principle with binding obligations and specific dimensions and areas. To the extent that in the light of that case law, provisions of the European Convention on Human Rights, which make no reference to good governance, have also been developed. [ABSTRACT FROM AUTHOR]

Copyright of Teorija in Praksa is the property of Teorija in Praksa and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Following the imposition of United Nations Security Council sanctions against Iran, the United States and several organizations and member states of the European Union implemented unilateral sanctions that extended beyond the resolutions adopted by the Security Council. The Council of the European Union has independently adopted various and numerous sanctions against Iranian banks through separate resolutions. European Union sanctions are binding on all member states, and the lifting of these sanctions by the Council of the European Union is conducted through the approval of a proposal within this Council. Moreover, according to the substantive rules of international law, such as the principle of immunity of central banks, the Central Bank is free to conduct international banking transactions and operates independently from the government, and therefore, imposing sanctions against it is not permissible. This research examines the content of various legal opinions and decisions resulting from the sanctions on the Central Bank of the Islamic Republic of Iran. Initially, some of the most important regulations, decisions, and resolutions of the European Union Council, European Court of Justice rulings, and European countries' decisions, including the United Kingdom's resolutions related to the sanctions on the Central Bank of Iran, will be discussed. Subsequently, the opinions and decisions of the United States will be examined, with the first section focusing on related rulings and the second section on the executive orders of the President, Congressional legislation, and Treasury Department resolutions. [ABSTRACT FROM AUTHOR]

Copyright of Critique of Law: Independent Legal Studies / Krytyka Prawa: Niezalezne Studia nad Prawem is the property of Akademia Leona Kozminskiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article addresses work-related and gendered harms of the 'hostile environment', a set of measures implemented through the Immigration Acts of 2014 and 2016, which aims to make life in the UK impossible for irregular migrants. The hostile environment criminalises work without legal status, facilitates data sharing between public bodies and immigration enforcement, and restricts access services and benefits. The article examines factors that can make women susceptible to irregularity and exposure to hostile environment measures, and distinctive forms of gendered harm such as workplace sexual harassment. It argues that the detrimental impacts of the hostile environment contravene international and regional human rights obligations. Barring certain migrants from access to the labour market may violate the socio-economic right to work and/ or the right to private and family life, while a lack of access to legal remedy or labour inspection fuelled can violate migrants' right to decent work and undermine protections against forced labour. The UK's recent ratification of the Council of Europe's 'Istanbul Convention' and ILO Convention 190 on violence and harassment at work signifies a renewed commitment to safeguarding women regardless of migration status, but the universalistic potential of these instruments is undermined by the hostile environment's continued operation. [ABSTRACT FROM AUTHOR]

In this paper, we present the results of a Europe-wide survey on the implementation of CoE Recommendation R (2000)13 on a European policy on access to archives conducted in October 2022 on behalf of the Council of Europe (CoE). It shows that overall great progress has been made in improving access to their public Archives. It also shows that there are still deficits in some instances, for example in the availability of finding aids for classified holdings or in the granting of access corrections for otherwise inaccessible archive holdings. We also highlight several challenges to the accessibility of archives, many of which are related to the ongoing process of digitalization. On the one hand, there is the growing expectation of users that collections be digitized and made accessible online, while at the same time the available resources of the Archives remain scarce. Finally, digitalization and the adoption of the GDPR also exacerbate the tension between data protection and freedom of information — often at the detriment of accessibility. [ABSTRACT FROM AUTHOR]

This paper explores the intersection of historical remembrance and the ethical imperative of 'never again' in shaping a peaceful future, drawing on the context of Council of Europe's commitment to history education. It believes in the pivotal role of understanding the past for fostering democratic values. However, the paper critically examines the limitations of the widely embraced 'never again' ethic, transcending mere historical knowledge. The author, working in a post-conflict setting, discusses the complexities of transforming this ethic into an empirical tool. By delving into examples such as refugee camps during the 2015 crisis and ICE detention camps, the paper highlights the challenges of applying 'never again' in new political and social realities. While acknowledging the limitations of relying solely on history education, the paper suggests the need for multidisciplinary approaches and emphasizes competencies beyond historical thinking in shaping a promising future. The conclusion calls for engagement across sectors and broader knowledge incorporation in teacher training programs. Overall, the paper navigates the intricate relationship between historical awareness, ethical imperatives, and the practical challenges of preventing atrocities in the contemporary world. [ABSTRACT FROM AUTHOR]

This research aims to investigate the role of the Social Circus in the construction of citizenship through the learning and practice of citizenship competencies. The Social Circus provides a platform for learning circus and creating spaces for collective creation to promote personal, group and community empowerment to improve the quality of life of the participants and the society that surrounds them. Previous research has focused on the Social Circus' personal and group workspace, but there's still little literature on the construction of community and citizenship. This research studies the qualitative component in more depth, using a case analysis approach and The Reference Framework of Competencies for Democratic Culture developed by the Council of Europe (2018). To achieve so, two projects that use the concept of Social Circus and have a community perspective have been selected. Semi-structured interviews, group discussion and data analysis were used for the selection process. The results indicate that the Social Circus is an ideal setting to learn and practice citizenship competencies for a Democratic Culture during class, in the preparation of the show or final exhibition and/or in the community spaces related to the project. [ABSTRACT FROM AUTHOR]

A range of international acts of a regional nature, which are designed to restore a civilized, liberal state based on the principle of the rule of law, as well as those international acts that regulate social relations arising in the member states of the Council of Europe during the purge of power, have been identified. Resolution of the Parliamentary Assembly of the Council of Europe No. 1096 (1996) "On measures aimed at eliminating the legacy of former communist totalitarian regimes" was analyzed. Attention is focused on such negative phenomena, which are indicated in it and which, despite the fact that regulatory and organizational and legal mechanisms for the purification of power were created, could not be eradicated, which led to threats to the newly created democracy. Attention is drawn to the application of procedural means inherent in such a state, as well as to the balance that must be observed in their application, so that a state with a young democracy does not become no better than a totalitarian regime that must be eliminated. It is emphasized that human rights in themselves are a value and rights should be ensured even to those people who, when they were in power, did not observe them themselves. The Guiding Principles for ensuring compliance of lustration laws and similar administrative measures with the requirements of a state based on the principle of the rule of law have been analyzed. The following requirements for the national legislation on the purification of power are singled out: 1) lustration is directed at the following two threats: a threat to fundamental human rights and a threat to the democratization process; 2) prohibition of revenge, including political revenge; 3) prohibited by abuse of the results of the lustration process (including - prohibition of police abuse; prohibition of social abuse); 3) the purpose of lustration is to protect the newly created democracy; 4) creation of a special independent commission on lustration, which includes citizens respected by society; 5) lustration is applied to a subject who holds a specific position and uses this position to commit actions/inactions that pose a threat to the creation of a free democracy - uses the position to violate human rights, block democratic processes; 6) the range of positions to which lustration is applied must be limited; 7) grounds for choosing positions for lustration - civil service positions that involve significant responsibility for defining or implementing state policy and measures related to internal security or civil service positions that involve issuing an order and/or committing a violation of human rights (law enforcement agencies, service security and intelligence, judicial authorities and prosecutor's office); 8) the term of deprivation of office on the basis of lustration - no longer than five years; 9) persons who gave orders, committed or significantly contributed to the commission of serious violations of human rights may be prohibited from holding positions; if a body has committed serious violations of human rights, then it is considered that its member, employee or representative was a participant in these violations, if he held a high position in this body, until he can prove that he did not participate in planning, directing or carrying out such policies, practices or actions; 10) prohibition to subject an official to lustration solely because of membership or activity in favor of any organization that was legal at the time of such membership or activity (except for the cases specified in the previous subparagraph), or because of personal views or beliefs; 11) the possibility of lustration of "conscious employees" who, together with state authorities, really participated knowingly, understanding the consequences, in serious violations of human rights and actually caused harm to other persons; 12) provision of full due process protection to persons subject to lustration. Attention is drawn to the Bangalore principles of the conduct of judges and their correlation with the legislation of Ukraine. [ABSTRACT FROM AUTHOR]

More than seven years ago, 406 academics and researchers have been permanently dismissed from their positions at Turkish universities for signing a peace petition condemning the military operations by Turkish security forces in areas heavily populated by the Kurdish minority. The case raises critical questions about the limitations of international human rights bodies in safeguarding freedom of expression. In this blog, I demonstrate how the pragmatic considerations of the Council of Europe (CoE) contributed to the creation of a judicial trap disguised as a legal remedy.