The Experts below are selected from a list of 315 Experts worldwide ranked by ideXlab platform
Despina Tziola - One of the best experts on this subject based on the ideXlab platform.
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A multiple violation of rights and Freedoms in a future EU country: App. No. 1484/07
International Journal of Human Rights and Constitutional Studies, 2014Co-Authors: Despina TziolaAbstract:The applicants complained that their arrest, conviction for breach of public order and contempt of court, and subsequent punishment by deprivation of liberty, had been unlawful and unfair, in breach of Article 5 § 1 (right to liberty and security) and Article 6 §§ 1 and 3 (c) (right to a fair trial). They further complained that their arrest and detention had violated their rights under in particular Articles 10 (Freedom of expression) and 11 (Freedom of Assembly and association). Finally, relying on Article 2 of Protocol No. 7 (right of appeal in criminal matters), they complained that they had had no right of appeal against their conviction.
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Freedom of expression in light of the Freedom of Assembly and association app no 29723 11 european court of human rights
International Journal of Human Rights and Constitutional Studies, 2013Co-Authors: Despina TziolaAbstract:The applicant complained under Article 10 of the Convention that her conviction for some statements she had published on the internet had amounted to a breach of her right to Freedom of expression, especially in view of the fact that she could not prove the truth about the impugned allegations.
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Freedom of expression in light of the Freedom of Assembly and association: App. No. 29723/11 (European Court of Human Rights)
International Journal of Human Rights and Constitutional Studies, 2013Co-Authors: Despina TziolaAbstract:The applicant complained under Article 10 of the Convention that her conviction for some statements she had published on the internet had amounted to a breach of her right to Freedom of expression, especially in view of the fact that she could not prove the truth about the impugned allegations.
Amin Parsa - One of the best experts on this subject based on the ideXlab platform.
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Evils of Law, Ethics of Violence: A Look on the Derogatory Nature of the Right to Freedom of Assembly
2020Co-Authors: Amin ParsaAbstract:Freedom of Assembly as one of the basic requirements of a democratic society is enshrined in various international human rights instruments. This right, due to its importance and necessity for a vibrant society, in itself has a direct link to the realization of other human rights; demonstration and Assembly is a form of expression, which can be for the manifestation of other human rights. The wide margin of appreciation reserved for states to preserve ‘pubic order’ as a way to excuse their legal obligations, in addition to the articulation of this right in international instruments, allows states to render the “public space” as its own playground and enables them to legally justify the use of violence against those who practice their basic human rights, on the basis that they are violent or radical and not peaceful. This thesis tries to challenge the very essence of international human rights law, being protection of humans from state violence, to show the paradox, so normalized within the everyday practice of law that makes possible state interference in any given case of public Assembly. This thesis tries to explain how international human rights law makes any form of resistance e.g. student protests in London against the new tuition fee law or French protests over the new retirement law, labelled as violent. Finally I will conclude that international human rights law, instead of granting political power to individuals to act against the state, takes away the potentiality of a basic political action.
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evils of law ethics of violence a look on the derogatory nature of Freedom of Assembly
Ethics Evil Law & the State; An Evil hub Project, 2011Co-Authors: Amin ParsaAbstract:That Things are "status quo" is the catastrophe. Walter Benjamin, The Arcades Project Freedom of Assembly as one of the basic requirements of a democratic society is enshrined in various international human rights instruments. This right, due to its importance and necessity for a vibrant society, in itself has a direct link to the realization of other human rights; demonstration and Assembly is a form of expression, which can be for the manifestation of other human rights. The wide margin of appreciation reserved for states to preserve „pubic order‟ as a way to excuse their legal obligations, in addition to the articulation of this right in international instruments, allows states to render the “public space” as its own playground and enables them to legally justify the use of violence against those who practice their basic human rights, on the basis that they are violent or radical and not peaceful. This paper tries to challenge the very essence of international human rights law, being protection of humans from state violence, to show the paradox, so normalized within the everyday practice of law that makes possible state interference in any given case of public Assembly. This paper tries to explain how international human rights law makes any form of resistance e.g. student protests in London against the new tuition fee law or French protests over the new retirement law, labelled as violent. Finally I will conclude that international human rights law, instead of granting political power to individuals to act against the state, takes away the potentiality of a basic political action.
Leonardo Martins - One of the best experts on this subject based on the ideXlab platform.
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Direito fundamental à liberdade de reunião e controle de constitucionalidade de leis penais e de sua interpretação e aplicação: contribuição para o direito de reunião como sub-ramo autônomo do direito administrativo
Espaço Jurídico: Journal of Law, 2017Co-Authors: Leonardo MartinsAbstract:Resumo : Este e um estudo de caso antecedido por uma explanacao sistematica de seus pressupostos teoricos. O caso e ficticio, mas fortemente inspirado em uma decisao de Câmara do Tribunal Constitucional Federal alemao. Nela, tratava-se de avaliar a constitucionalidade de uma medida policial e sua confirmacao judicial no contexto de uma contramanifestacao a uma reuniao que ocorria em local publico. Para a sua solucao, desenvolveu-se um parecer juridico-constitucional cujo objeto e a situacao juridica presente no caso, com vistas a avaliar as chances de exito de uma eventual acao judicial contra as medidas estatais (policiais e decisao judicial), considerando a hipotese da violacao do direito fundamental a liberdade de reuniao a ser testada. No que se refere aos pressupostos teoricos do caso e a conjuntura politica e juridica brasileira, tem-se o seguinte. Como ocorre em qualquer Estado democratico, tambem no Brasil sob a egide da Constituicao Federal (CF) o entorno politico-ideologico do direito fundamental a liberdade de reuniao e tao notorio quanto contraproducente, pelo menos quando se pensa na imprescindibilidade de uma abordagem especificamente tecnico-juridica constitucional. Ha um deficit na discussao patria que o presente ensaio visa a sanar a luz do direito comparado alemao. Conjugar, assistematicamente, o principio democratico com a liberdade de reuniao e seu suposto carater instrumental em relacao aquele nao faz jus aos desafios hermeneuticos implicitos no complexo teor do art. 5o, XVI CF em que se positivou o direito fundamental a liberdade de reuniao. Partindo de uma analise sistematica do texto constitucional, o presente ensaio apresenta definicoes juridico-dogmaticas, metodologicamente disciplinadas, e analisa o teor do dispositivo, classificando suas locucoes entre condicoes subjetivas para o exercicio da liberdade de reuniao e previsao implicita de seus limites constitucionais que, por sua vez, podem ser, atendido certo onus argumentativo, concretamente tracados pelo legislador ordinario. Assim, uma legislacao ordinaria regulamentadora nao poderia ser, de plano, descartada como inconstitucional. Tambem a interpretacao e a aplicacao dessa eventual lei regulamentadora, assim como no caso da interpretacao de quaisquer outros dispositivos normativos pertinentes ao direito administrativo e penal em geral, devem ser interpretadas e aplicadas a luz do direito fundamental a liberdade de reuniao, de tal sorte a serem observados os vinculos especificos de todos os orgaos estatais pertinentes as tres funcoes estatais classicas. Palavras-chave : Autoaplicabilidade de direitos fundamentais. Regulamentacao da liberdade de reuniao. Limites constitucionais da liberdade de reuniao. Interpretacao judicial a luz da liberdade de reuniao. Abstract : This is a case study preceded by a systematic explanation of its theoretical framework. The case is fictitious but strongly inspired by a judgement of the Federal Constitutional Court in Germany, in which the court assessed the constitutionality of a police measure and its judicial confirmation in the context of a counter-protest to a meeting that had occurred in a public space. For the case study’s resolution, it was developed a juridical-constitutional opinion centred on the juridical situation exposed on the case, with the aim to evaluate the chances of a positive outcome of an eventual judicial action against the state measures (police measure and its juridical confirmation), considering the hypothesis of violation of the fundamental right to Assembly. As in any other democracy, in Brazil under the Federal Constitution (FC) of 1988, the political-ideological contours of the right to Freedom of Assembly are as notorious as they are counterproductive - at least when one thinks of the indispensability of a specific constitutional legal technique. There is a deficit in the Brazilian literature that the present essay seeks to remedy in the light of comparative law considering the German case. To reconcile the democratic principle with the Freedom of Assembly, without a systematic approach, one assumes its instrumental character in relation to the former and does not meet the hermeneutical challenges implicit in the complex content of article 5, XVI, of the Brazilian Federal Constitution, in which Freedom of Assembly was enshrined. From a systematic analysis of the constitutional text, this study presents legal-dogmatic definitions that are methodologically disciplined, and analyzes the content of the aforementioned constitutional article, classifying its parts as either subjective conditions for the exercise of Freedom of Assembly or as implicit constitutional limits, which can be concretely drawn by the ordinary legislator, provided that they observe certain argumentative burdens. Thus, such a regulatory legislation could not, prima facie, be considered unconstitutional. Also, its eventual interpretation and application -as the interpretation of any other normative provision of administrative or criminal law in general - must be done in the light of Freedom of Assembly in such a way that the specific bounds between all three state functions are respected. Keywords : Self-enforceability of fundamental rights. Regulation of the Freedom of Assembly. Constitutional limits of the Freedom of Assembly. Judicial interpretation in the light of the Freedom of Assembly.
John D Inazu - One of the best experts on this subject based on the ideXlab platform.
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liberty s refuge the forgotten Freedom of Assembly
2012Co-Authors: John D InazuAbstract:This is the introductory chapter from my book, Liberty's Refuge. From the publisher: "This original and provocative book looks at an important constitutional Freedom that today is largely forgotten: the right of Assembly. While this right lay at the heart of some of the most important social movements in American history — abolitionism, women’s suffrage, the labor and civil rights movements — courts now prefer to speak about the Freedoms of association and speech. But the right of “expressive association” undermines protections for groups whose purposes are demonstrable not by speech or expression but through ways of being. John D. Inazu demonstrates that the forgetting of Assembly and the embrace of association lose sight of important dimensions of our constitutional tradition."
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the forgotten Freedom of Assembly
Tulane Law Review, 2009Co-Authors: John D InazuAbstract:The Freedom of Assembly has been at the heart of some of the most important social movements in American history: antebellum abolitionism, women's suffrage in the nineteenth and twentieth centuries, the labor movement in the Progressive Era and after the New Deal, and the civil rights movement. Claims of Assembly stood against the ideological tyranny that exploded during the first Red Scare in the years surrounding the First World War and the second Red Scare of 1950s McCarthyism. Abraham Lincoln once called 'the right of the people peaceably to assemble' part of 'the Constitutional substitute for revolution'. In 1939, the popular press heralded it as one of the 'four Freedoms' at the core of the Bill of Rights. And even as late as 1973, John Rawls characterized it as one of the 'basic liberties'. But in the past thirty years, Assembly has been reduced to a historical footnote in American law and political theory. Why has Assembly so utterly disappeared from our democratic fabric? This article explores the history of the Freedom of Assembly and what we may have lost in losing sight of that history.
Golichenko M - One of the best experts on this subject based on the ideXlab platform.
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City of Moscow decision to forbid gay pride marches violates European Convention on Human Rights.
HIV AIDS policy & law review, 2011Co-Authors: Golichenko MAbstract:On 21 October 2010, the European Court of Human Rights ruled that the office of then-mayor of MoscowYuri Luzhkov violated the rights to Freedom of Assembly and from discrimination of Russians who had sought to organize and participate in gay pride marches in the Russian capital of Moscow.
