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Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law 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.)

Copyright of Journal of Sharia & Law is the property of United Arab Emirates University, College of Law, Sharia & Law Journal 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.)

Corruption is a serious threat to the stability and security of societies, undermining institutions and democratic values, ethical principles, and justice, as well as sustainable development and the rule of law. It manifests itself in many ways and in a multitude of contexts, affecting almost all human rights, including economic and social rights (i.e., the right to work, the right to food, the right to housing, the right to health, the right to education, the right to public services, the right to development), as well as civil and political rights (i.e., the right to equality and non-discrimination, the right to political participation, the right to an effective remedy and to a fair trial). In this perspective, starting from an examination of the direct and negative impact of corruption on the enjoyment of human rights (Section 1), the analysis that follows focuses on the obligations of States to respect, promote, and above all, protect human rights (i.e., take all necessary measures to ensure their full enjoyment) (Section 2), traces the ECtHR’s most incisive pronouncements on violations of individual guarantees in the context of corruption (Section 3), and highlights the crucial role of the Court’s case law in defining more effective, preventive, and punitive measures against corruption (Section 4). [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.)

Copyright of Legal Thought / Pravna Misao is the property of Legal Thought / Pravna Misao 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 right to be present at trial is under threat following the decision of the International Residual Mechanism for Criminal Tribunals' Trial Chamber to continue proceedings against Félicien Kabuga after finding him mentally unfit to stand trial. The Trial Chamber opted instead to hold an "alternative finding procedure", resembling a trial as closely as possible, albeit without the possibility of concluding with a verdict. This article engages with that decision through the lens of whether this approach complies with the accused's right to be present at trial. It concludes that the proceedings would be little more than a de facto trial that does not adequately respect the accused's right to be present. It also finds that should other international criminal courts and tribunals follow a similar approach the right to be present would be deprived of any real meaning. This could also, in turn, threaten overall fairness of the proceedings. [ABSTRACT FROM AUTHOR]

The article is devoted to studying the exercise of the right to a fair trial in the face of global challenges, owing to the impact of the situation related to the spread of the SARS-CoV-2 coronavirus. Compared to martial law in Ukraine, the pandemic period is not the greatest challenge to the right to a fair trial. However, the experience is relevant for possible future similar emergencies and their impact. In addition, such an analysis allows us to understand the preconditions for the realization of human rights during the next global challenges, including martial law in wartime. The main tendencies of implementing certain aspects of the right to a trial in criminal proceedings are analysed and determined, in particular, the access to justice, observance of reasonable terms of proceedings, independence and impartiality of the court, and quality of court decisions, their proper validity and legality. With reference to the analysis of international acts, the legislation of Ukraine, the case law of the European Court of Human Rights, and the practice of the Supreme Court, court statistics during the sample period (2017-2021) the normative content, concepts and elements of the principle of the right to a fair trial are singled out. Analysis of statistical data, comparison of regulations, the practice of their application, and information from analytical reports of the judiciary made it possible to come to a conclusion about directions of the impact of coronavirus pandemic, restrictive quarantine norms on the exercise of the right to a fair trial, and the logical consequences that they have caused on the state of justice in Ukraine in recent years. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Research in Humanities is the property of Tarbiat Modares University 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.)

Copyright of Türkiye Adalet Akademisi Dergisi is the property of Justice Academy of Turkey 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.)

Copyright of International Journal on Humanities & Social Sciences is the property of International Journal on Humanities & Social Sciences 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.)

In comparison to the European Convention on Human Rights, the EU Charter of Fundamental Rights, which provides in its Article 16 for the freedom to conduct a business, is a much more modern instrument. In this article I argue that the Convention nevertheless appears to be no less important a document offering protection of entrepreneurs' rights. This is the case even though it does not provide any particular rights devoted to the running of a business by entrepreneurs. This is possible, first of all, due to the right of individual application which may be lodged directly with the European Court of Human Rights in its capacity as an international court. No comparable measure for an individual complaint is available under the UN Charter. Secondly, the extensive case law of the Strasbourg Court has made it possible for entrepreneurs to rely on a number of Convention rights, despite the fact that these rights, at least at first glance, are not connected with the running of a business. This refers not only to the right to a fair trial on the protection of property, which offer entrepreneurs the protection of a number of their interests, but also to rights which at first glance have nothing to do with the running of the business, such as the right to respect for private and family life protected under Article 8 of the Convention. As a result, the right of individual complaint to the ECtHR should be perceived as an important measure of the protection and enforcements of entrepreneurs' rights at the international level, in case of any failure to secure the protection of those rights at the national level. [ABSTRACT FROM AUTHOR]

Control orders are restrictive measures placed on individuals that pose an identified threat to public safety as a component of domestic counterterrorism policy. Control orders and their compliance with International Human Rights Law have been the subject of extensive litigation within the European Court of Human Rights and domestic states courts. Controlling provisions are applied in either the preconviction or the post-release stage of a state's criminal procedure. Preconviction control orders face significant criticism for the potential conflicts with due process protections of the right to a fair trial and the broader right of liberty. This Note describes the current jurisprudence and analyzes its potential application to states that have yet to fully establish control order regimes. Because there is a lack of evidence indicating that preconviction control orders are necessary to prevent coordinated terrorist attacks, this Note finds that states should weigh the protection of individual liberties over the undetermined benefits of such restrictions. This Note concludes that states should only utilize pre-conviction control orders in the narrowest sense with ample oversight and judicial review mechanisms. It also concludes, however, that post-release control orders should be adopted into any system focused on terrorism prevention to prevent recidivism and ensure the reintegration of individuals previously engaged in terrorism-related activities into society. This Note is particularly pertinent to the number of Balkan states that are currently planning or considering implementing extensive control order regimes. [ABSTRACT FROM AUTHOR]

Copyright of Central European Public Administration Review is the property of University of Ljubljana, Faculty of Public Administration 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.)

We argue in this paper that counselling psychologists have been championing human rights and social justice in different ways and since the Division was first being considered. We draw on counselling psychology historical literature, and from responses from our colleagues within the profession. As part of our preparation for this paper we put out a call to counselling psychologists through the Division of Counselling Psychology to invite our colleagues to share with us the work they are engaged in relating to Human Rights and Social Justice. In this paper we share themes from the responses we received on the various areas covering human rights aspects of counselling psychology and social justice, for example championing climate justice, equality, diversity, and inclusion. Our call was operationalised through a Questback survey which comprised of 10 questions. These included demographic questions, questions which enquired about areas of respondent’s work which covered human rights aspects of psychology and social justice. The responses for example included mental health work with refugees, asylum seekers, trafficked people, torture survivors; Black and Minoritised Ethnic adults aged 18+; people from what one respondent noted as ‘the profoundly deaf community’ who use BSL (British Sign Language) as their first language; and other aspects of equality, diversity, and inclusion. Furthermore, we enquired whether our counselling psychology respondents had faced experiences in which they have wanted to engage with human rights-based/ focused work but had been prevented from doing this. These questions could be responded to through qualitative responses, and we offer example of quotes from respondents throughout different sections of this paper. The respondents also replied at a specific time period and the issues raised might differ if the questionnaire was answered at an earlier or later time period. [ABSTRACT FROM AUTHOR]

The use of digital technologies in administrative courts uses the legal systems of the European Union and the world to strengthen the ways of protecting human rights. This paper examines certain problems of legal regulation of the use of artificial intelligence technologies in administrative judicial procеdure. The methodology of this work is based on an interdisciplinary approach using comparative legal, dialectical and systemic methods. The main objective of this article is to determine the forms and directions, risks and benefits, prospects for the use of artificial intelligence in administrative judicial procеdure, taking into account foreign experience in legal regulation in this area. The concept of "artificial intelligence" is investigated. It is emphasized that the use of artificial intelligence technologies in administrative judicial procеdure is an acceptable use only of specialized intelligent systems that can work under human control. It is stated that when considering administrative cases in an administrative court of minor complexity, it is possible to use artificial intelligence technologies, which will be able to independently generalize and analyze legislation, judicial practice and be a recommendation for a judge when making a fair and lawful decision on the principles of the rule of law. It has been established that the use of artificial intelligence technologies in administrative proceedings provides opportunities for the effective implementation of the right to judicial protection, but can be used to take actions that are contrary to the rule of law, in particular regarding the violation of the right to a fair trial in administrative cases in administrative courts. The latter requires the improvement of legal regulation of the use of artificial intelligence technologies in administrative judicial procеdure using international principles and standards. [ABSTRACT FROM AUTHOR]

Copyright of Uzhhorod National University Herald Series Law is the property of Uzhhorod National University, State Higher Educational Establishment 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.)

Copyright of Revista de Administración Pública is the property of Centro de Estudios Politicos y Constitucionales 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.)

Copyright of Legal Thought / Pravna Misao is the property of Legal Thought / Pravna Misao 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.)

In this case law report (January 2023 – May 2023) three cases before the European Court of Human Rights (ECtHR) and two cases (September 2022 – May 2023) before the European Committee of Social Rights (ECSR) will be discussed. 1 The first two cases before the ECtHR are discussed together, as they tackle the partial annulment by the Spanish Constitutional Court of the legislation on survivor's pensions. The judgment imposed the same conditions for accessing a survivor's pension for partners in a civil partnership all over Spain. In both cases, the ECtHR ruled that Spain breached Article 1 Additional Protocol European Convention on Human Rights (AP ECHR). The third case that will be discussed also concerns a survivor's pension. In Bosiljevac v. Croatia, the ECHR found a violation of the right to a fair trial in Article 6 ECHR. The case concerns the expert reports used in administrative proceedings in which the applicant sought, on account of his medical condition, to be granted a survivor's pension following the death of this father. Lastly, two cases before the ECSR will be presented. Panhellenic Association of Pensioners of the OTE Group Telecommunications v. Greece concerns a series of pension reforms introduced in Greece. The ECSR did not hold in favour of the applicant, who argued that those reforms violated, inter alia, the right to social security in Article 12 of the Revised European Social Charter (ESC). The last case (Finnish Society of Social Rights v. Finland) concerns the minimum level of several social security and social assistance benefits in Finland. The ECSR agreed with the applicant and held that the benefits granted were inadequate and violated the right to social security and the right to social assistance in Article 12, § 1 and Article 13, § 1 ESC. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Direito Internacional is the property of Revista de Direito Internacional 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.)

Despite calls for no one to be left behind, women and girls with disabilities continue to face systemic marginalisation and gaps in rights protections that limit their access to education, health, public services, and justice. Research in transnational and international relations offers little to help understand this gendered disability injustice. This article examines how discussions of elements of justice as redistributive, recognition, participative and restorative address people with disabilities as well as how disability rights within the United Nations treaty body system address the four elements of justice. Drawing on both academic and community critiques of both disability rights and justice, the article asks how our understandings of justice and rights perpetuate these exclusions and what transformative changes are required to redress the marginalisation of women and girls with disabilities. [ABSTRACT FROM AUTHOR]

The paper deals with the recent topic of plea bargaining in relation to the case-law of the European Court of Human Rights. It focuses on several areas in the Court's jurisprudence, which are waiver of the right to a fair trial, prejudice to the accused, the right to a defense, the speed of criminal proceedings, and finally, the presumption of innocence and group cases. The paper concludes with an assessment of whether the regulation of the plea bargaining procedure is in conformity with the jurisprudence of the European Court of Human Rights. [ABSTRACT FROM AUTHOR]

This paper explores the right to an interpreter as part of the right to a fair trial under the United Nations and Council of Europe systems of human rights. The right to an interpreter is guaranteed as part of both Article 14 of the International Covenant on Civil and Political Rights and Article 6 of the European Convention on Human Rights. Under both instruments, accused persons are entitled to a number of minimum rights to ensure a fair trial. Both instruments hold that an accused person has the right to "have the free assistance of an interpreter if he cannot understand or speak the language used in court". This paper explores what this right means in reality for accused persons who seek to avail themselves of an interpreter. Only those who cannot understand or speak the language of the court are entitled to an interpreter. However, it is not always clear what is meant when we say a person 'speaks' or 'understands' a language. One may well understand day-to-day interactions in a second language but be completely out of their depth in a formal courtroom setting. Through comparison with the same right under the Statute of Rome, as well analysis of jurisprudence from the Human Rights Committee and the European Court of Human Rights this paper explores the scope of language rights under the right to a fair trial and the implications for access to justice. [ABSTRACT FROM AUTHOR]

Open Sources Intelligence's (OSINT) landscape has gone through a rapid evolution in the information era. Volumes of open-source information have never been so broad and high, and today's technology is able to monitor interesting topics, contrast and match new data with old, spot early signs and discover previously unknowns, patterns and relationships at a level never seen before. This has not gone unnoticed by Law enforcement authorities (LEAs) and intelligence services (SISs), which, slowly but steadily, have embraced this new environment. OSINT is today exploited by LEAs and SISs for all types of intelligence needs, starting from (near) situational awareness, to investigatory and preventive purposes. The rapid evolution has, nevertheless, created new, and exacerbated existing operational challenges. Assessing reliability against online data manipulation and disinformation has become a great challenge in the Internet era. While advanced technology is needed to extract and analyse the sheer volumes of data, measuring the outcome of these tools is not easy due to difficulties in traceability, pre-existing human and algorithmic bias, the institutions' need for secrecy and the existing opacity around the vendors and their products. All those challenges can result in inaccurate OSINT products being later used for decision-making. Those, when used by SISs and LEAs, can affect by extension human rights such as the right to freedom from discrimination and the right to a fair trial. This article analyses those operational challenges and their subsequent impacts on human rights. It does so by doing a comprehensive literature review on the topic through academic articles, national and international institutional reports, and newspaper articles. The study focuses on concrete problematic activities involving the creation and use of current OSINT products and describes examples that are not limited to one jurisdiction. Structuring both the OSINT operational challenges and their subsequent impacts on human rights is the novelty of this article. While some academics have addressed several of those challenges affecting advanced mining technologies overall, addressing the operational challenges and their impacts from a single focal point -- OSINT, is novel. Addressing them in a structured manner is a necessary first step to carve up the landscape for a potential subsequent legislative evaluation of how to address those operational challenges and their impacts on human rights. [ABSTRACT FROM AUTHOR]

In this article, the author reviews the European Union law regarding market abuse from a human rights perspective. Setting the foundation for the discussion from a historical perspective on the different legislative approaches on the issue of market abuse, the article continues with the ECHR’s and CJEU’s relevant case-law on the subject. Mainly, the right to a fair trial and the ne bis in idem rule are the fundamental rights that should be looked at closely when placing the market abuse regulations under scrutiny. Certain irregularities of the legislation are outlined. Also, the article tries to point out on which aspects improvements should be pursued.

Accountability, human rights and social justice are inextricably linked. Rights cannot be defended and upheld, and inequalities cannot be highlighted and challenged in the absence of accountability. In recent decades, recordkeepers have increasingly emphasised the role of archives and records in facilitating accountability, upholding rights and exposing instances of social injustice. This paper assesses the twenty-first-century recordkeeping literature as it relates to the ethical issues of accountability, human rights and social justice in public sector recordkeeping. While there is some consensus on the role of recordkeeping with regard to accountability and human rights, there is less agreement regarding social justice, which remains a contested and poorly defined concept in the literature. The debates around accountability, human rights and social justice impact on perceptions of the role of the archivist and have led to a strong trend towards more activist interpretations, with increasing calls for greater inclusion and the development of participatory recordkeeping models. Despite this trend, implementation remains a challenge, and the gap between theory and practice needs to be continually addressed. [ABSTRACT FROM AUTHOR]

The Indonesian Competition Supervisory Commission (ICSC) has the authority to investigate, prosecute, adjudicate, decide, and impose sanctions on business actors for violating Indonesian competition law. It also has the authority to establish procedural laws for the competition law enforcement procedures within its institution. This single role raises various issues in the current context, including the right to a fair trial and checks and balances. This article seeks to define the position of human rights, particularly the right to a fair trial, in competition law enforcement procedures. The result is that competition law enforcement procedures are subordinate to human rights, so they must be exercised in compliance with human rights standards, particularly the right to a fair trial. Based on the experience in Indonesia, this study finds that the ICSC's single role is incompatible with human rights commitments in fair competition law enforcement procedures. As an alternative solution, this article encourages a modification and adjustment based on human rights commitments and checks and balances mechanism by limiting one of the ICSC's authorities and broadening the interference of the Supreme Court in enforcing Indonesian competition law at the ICSC level. [ABSTRACT FROM AUTHOR]

The focus on inclusive development within the 2030 Agenda highlights the contradiction between an inherent 'business-as-usual' approach subject to a few restrictions and a radical reformation of the global system. Inclusive development is elaborated through the idea of leaving no one behind, a human rights and a justice approach. Against this background, this perspective argues that there is need for clarity about the words used and about the implications of the words used. It defines inclusiveness to imply social, ecological and relational elements; that inclusiveness is not incorporation of the 'other' but based on recognition and epistemic justice; and that inclusiveness redefines the content of development. It argues that justice needs to be unpacked into issues of access to minimum resources and allocation of the remaining resources, risks and responsibilities. Achieving access in an unequal world will lead to crossing Earth system boundaries and is affected by increasing pollution. Both imply that access cannot be met without changing rules of allocation, with market-based allocation reproducing injustices. Finally, while inclusiveness requires greater partnership and responsibility, this is undermined by the way the 2030 Agenda ignores liability for harm caused to others. Sharpening the understanding of inclusion and justice among key stakeholders and a better articulation of the Earth system justice approach is a way forward. [ABSTRACT FROM AUTHOR]

The purpose of this article is to study the characteristics and patterns of the field of peace and conflict studies in South Korea by tracing its history. A reflection on peace and conflict studies in Korea shows that the 1987 democratization was a critical moment, and that the subsequent end of the global Cold War initiated the full-blown development of the field. The Korean case shows that the advancement of peace and conflict studies is linked to real-world changes. The recent inclusion of human rights and transitional justice issues is meaningful since rights and justice were core but unaddressed issues in Korea. It is time for peace and conflict studies in Korea to leap forward, and this new attention to human rights and transitional justice can be a way to lead this development. [ABSTRACT FROM AUTHOR]

Legal aid is arguably one of many undervalued fundamental rights in numerous jurisdictions – Nigeria included. Hence there is more emphasis on the right to a fair trial and less on how it is to be achieved if the litigant cannot afford the services of a lawyer for legal representation and legal advice. In a broader sense, it is described in line with access to justice which means that all individuals have the right to be treated fairly before the law and are entitled to seek redress if such protections are violated. The right to legal aid relates more specifically to the ability to access judicial institutions via legal personnel who protect the rights of individuals faced with litigation for free – as long as they are eligible – and, more importantly, to maintain an individual's privilege to be heard before the courts regardless of their social standing. The laws and rules that guide the legal aid provision in Nigeria are extensive at the international and national level. However, accessing legal aid in Nigeria is still a distant reality for many that need it the most, especially those that are faced with the possibility of prolonged detention if they remain without access. The obstacles facing the legal aid provision in Nigeria often points to the lack of funding, inadequate legal aid providers, lack of awareness, etc. which are credible and thoroughly executed in the extant literature. However, this article departs from the usual discussion on impediments and possible solutions, e.g. adequate funding, increased scope of providers, encouragement of awareness through community projects, etc. but aims to examine another auspicious approach that could improve the operations of the legal aid scheme from a practical perspective. The objective is to create a feasible implementation strategy involving legal aid providers, devoid of government interference through regulatory intermediaries. [ABSTRACT FROM AUTHOR]

This study aimed to identify the role of Palestinian human rights organizations in protecting civil and political rights, by studying the efforts made by these organizations to reach their goals. The qualitative approach was adopted to carry out the study, and the interview was used as a tool for gathering information. A sample consisting of seven human rights organizations was selected, and eleven interviews were conducted with some of those working at these institutions. The results of the study revealed that human rights organizations contribute to right to life protection by (56%), Right to Physical Integrity by (53%) Right to Freedom of Expression (45%), Right to a Fair Trial by (70%), in the Israeli violations part: they contribute to Israeli violations reduction by (66%). Based on the findings, the researcher recommended the need to join efforts to improve the human rights situation, by solving the problems that the Palestinian political system suffers from and by working to unify the national vision in order to confront and end the occupation. [ABSTRACT FROM AUTHOR]

The right to a court (right to a fair trial) is regarded as a foundation of the rule of law. With regard to liability for offenses which do not belong to the so-called core of criminal law, the European Court of Human Rights has accepted the adjudication on this liability by an administrative authority. However, the requirement of compliance with Article 6 (1) of the European Convention on Human Rights is designed to ensure full judicial review of the administrative authority's decision(s). The aim of the article is to examine whether and how the solutions adopted in German, French and English law meet the standards in relation to administrative liability of a penal character. This study will concentrate on the character of the administrative authorities' decisions regarding such liability and the scope of judicial review of such administrative decisions in the field of the protection of financial markets and competition. [ABSTRACT FROM AUTHOR]

Disability intersects with arbitration as regards the mental capacity of a party to enter into an arbitration agreement, the appointment of arbitrators with disability and grounds for removal thereof, accommodations during arbitral proceedings for arbitrators and counsel with disabilities, as well as the costs for all appropriate accommodations. This Article demonstrates that the right to a fair trial, which is universally recognized in arbitration, dictates that parties and arbitral institutions be free to select arbitrators of their choice, and no impediments may be imposed against arbitrators with disabilities other than that they are able to fulfill the functions of their mandate. Accommodations, however, are not enough. Arbitral institutions, the legal profession, and professional associations, in conjunction with the government, must undertake a sustained campaign to eliminate bias and stereotypes of disability and actively promote arbitrators and counsel with disabilities in arbitral proceedings. Finally, this Article shows that the cost to accommodate arbitrators and counsel with disabilities is less significant than multilingual arbitrations and, in any event, may be offset through synergies between arbitral institutions and governmental entities. [ABSTRACT FROM AUTHOR]

Based on several years of experience in teaching human rights history to undergraduate students in Canada, this article reflects on the challenges involved in imparting knowledge on this subject in a settler colonial context. It builds on examples gleaned from working with undergraduate students, from scholarship on the history of settler colonialism, as well as from Indigenous worldviews and epistemologies, to consider the ways in which the teaching of human rights history needs to evolve alongside and in dialogue with contemporary discussions about rights and justice. The article contends that given contemporary discussions around rights, which reveal the fragility of the liberal human rights framework, this is urgent and necessary work. It concludes by offerings ways of approaching student experiences, insider/outsider dynamics, and contemporary debates when teaching human rights history. The overall purpose of the article is to resituate the teaching of human rights history in a critical, self-reflective manner. In this way, the damaging implications of certain progress-oriented historical narratives centering on the idea and evolution of human rights can also be considered in pedagogical practices on the subject. [ABSTRACT FROM AUTHOR]

We analyze the cross-national and cross-temporal variation in the presence or absence of domestic compliance gaps for three different human rights: the right to a fair trial, children's rights, and the right of workers to form unions. Besides constitutional provisions, which have been the focus of previous research on the de jure-de facto compliance gap, statutes, executive actions, and judicial decisions all can contain promises by domestic politicians to protect human rights. Our indicator of whether legal protection exists and how strong it is reflects the many ways states make human rights legal commitments to their citizens. Our findings show that (a) the probability of promise-keeping and the effects of combinations of accountability and capacity are different for each right; (b) strong laws are a necessary but not sufficient condition for effective protection of rights; (c) treaty participation does not affect the probability of promise-keeping for any right; (d) promise-keeping for one right predicted promise-keeping for other rights. For all rights, the number of countries with gaps grew between 1994 and 2008 and then declined between 2008 and 2019. An important inference from our findings is that international treaties may only be effective when ratifiers are willing to change their domestic laws to be consistent with international norms. One counterintuitive policy implication of our findings is that democratizing low-capacity authoritarian states may lead to more violations of some human rights. [ABSTRACT FROM AUTHOR]

The right to a fair trial for defendants in the criminal process is internationally recognised as a fundamental human right that, among others, includes the right of defendants to have the free assistance of an interpreter if they cannot understand or speak the language used in court. The failure to provide the required interpreting service or a deficiency in the service provided can be raised as grounds of appeal for potentially denying or compromising defendants' right to a fair trial. This article discusses the limitations of chuchotage, a mode of interpreting commonly used in domestic courts. These limitations potentially compromise interpreting accuracy, and, specifically, the absence of a record of the interpretation can spell problems for appellate courts dealing with appeals advanced on the ground of the deficient interpreting provided in this mode. This study reviews four such appeals in Hong Kong and reveals inconsistencies in the appellate courts' rulings and the reasoning behind their decisions. This study argues that these inconsistencies can lead to problems with implementing the principle of stare decisis, while at the same time sending confusing messages about the standard of interpreting required to safeguard a defendant's right to a fair trial and about the future use of chuchotage in court. [ABSTRACT FROM AUTHOR]

Inter-American human rights justice is a phenomenon of transnational influence on the legal systems of national states. The growing interaction of the Inter-American Court with national judges and its work as interpreter of the American Convention on Human Rights (IACHR) has fostered excessive optimism that needs to be critically reviewed for the sake of a better understanding of transnational. To fulfill this task, this document will present the doctrinal discussions on justice, validity, and effectiveness of the IACHR through the scope, limits, and impact of the Inter-American judicial exercise. [ABSTRACT FROM AUTHOR]

The paper aims to present the importance to motivate a judgment in order to assure the respect of the right to a fair trial as stated in the European Convention of Human Rights. The subject has been broadly addressed in the legal writings and is often reflected in the judgements of both national and international Courts, but the paper offers a refreshing and perhaps philosophical perspective, trying to point out that, in this particular legislative inflation, the judge tends to forget that the judgment is not an instrument to be delivered to the legal professionals, but the individuals that came in front of the Court to find a solution for their particular problem. [ABSTRACT FROM AUTHOR]

Copyright of Bulletin of the 'Carol I' National Defence University / Buletinul Universitatii Nationale de Aparare 'Carol I' is the property of Carol I National Defence University 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.)

Access to a fair trial is a fundamental human right that has been addressed both in international law and in the context of the European Convention on Human Rights (ECHR). Legal aid (free or affordable legal support/assistance/service) is evaluated as one of the elements of a fair trial. The well-known sixth article of the ECHR refers directly to legal aid. However, the third paragraph of ECHR art. 6 issues only criminal offenses. The European Court of Human Rights (ECtHR) implies the right to free legal assistance (legal aid) in civil cases. In our study, we will focus on the term of legal aid, types of legal aid and main legal aid systems, features of legal aid in civil matters, subject of legal aid and litigation costs and the procedure of legal aid application and who will be granted by legal aid in civil litigation. [ABSTRACT FROM AUTHOR]