Council of Europe

including contractors and consultants . While, for example, Germany does not have any specific laws governing issues connected with whistle-blowing . The only indirect way of seeking protection is through Articles 4 and 5 of the German Constitution. This reluctance of European governments to establish extensive legal framework is, probably, connected with the fear of US scenario repetition in the European reality. Unfortunately, the clash between the protection of governmental proprietary information and whistleblowers reporting regimes, which inevitable involves some degree of private and official data release in public, does not play in favor for whistle-blowers. Since the law throughout Europe provides fragmented protection, the job which has already been done by the Council of Europe (COE) is of particular importance, especially if we want to maximize effectiveness of whistle-blowing. The free speech in the ECHR is protected by Article 10 and judicial decisions of European Court of Human Rights (ECtHR), which are expected to be taken into account by contracting parties in the domestic cases concerning human rights violations. Restrictions to the exercise of this right can be justified only when they are prescribed by law and are necessary in a democratic society. ‘Necessary’, within the meaning of Article 10(2), indicates the existence of a ‘pressing social need’ . Although the Contracting States have a certain margin of appreciation in deciding whether this social…

article 3. Nonetheless, in the Hutchinson’s case, the European Court of Human Rights rules that there was no breach of article 3. The 6 judges against 1 decided that the decision of Court of Appeal in the R v McLaughlin addressed the doubts in the European Court in the Vinter and others v the United Kingdom. In another case, Öcalan v. Turkey in 2014, the court determined that there was a breach of article 3 in relation to applicant’s life imprisonment without the prospect of release, which…

Some time ago I worked in residential care in Glasgow, here we had separate care teams (A and B). One support worker from our group B (Paul) split up from his civil partner (Den, who had involvements in criminal acts). One day a local newspaper produced an article detailing a criminal court action depicting Den staying next to Paul. Thus caused Paul to be depressed, but myself and the other support workers tried to lift his spirits discovering our temporary group "A" leader (Moira) approached…

The Prisoner Communication Services policy came into force on 1st October 2011 and replaced PSO 4400 Chapter 4 and PSI 06/2011. It is concerned with matters of prisoners’ communications and includes the prohibition of prisoners’ from accessing social networking sites. There are several forms of domestic legislation which grant power to the Secretary of State to pass policies regarding prisoner’s treatments and rights, including statutes and case law. The Human Rights Act 1998 and the European…

of justice of appropriate jurisdiction…” (DRW, p. 84), and because the United States had no law on the subject at hand in Paquete, the Court reviewed relevant international law, decisions, treaties, and practices through (mostly European) history (which, as I wrote above, is the basis for customary international law). Nearly all of these (with a few exceptions of minor incidents) guaranteed the safety of fishing vessels during wartime, and included decrees, case law, national laws, and opinions…

Arising from this, Conservatives also criticise section 2 of the HRA as per “to take into account” Strasbourg interpretations . This requirement along with the proportionality principle that the ECtHR employs, allows Strasbourg judges to bound UK courts in a way that serves the sole interest of the Council and not the country. Adding to their criticism, Conservatives also mention section 3 of the HRA, which allows domestic courts to derogate from statutes by interpreting provisions as widely as…

the prisoners are permanently banned from voting even after their release from prison 7. From the decisions that have been made in other countries, a report that was written and published by the joint committee on human rights noted that, it would be good for prisoners to be allowed to vote in their constituencies where they are supposed to be living if they were not in prison 8. From this report, it was clear that a number of countries are accepting their prisoners to vote and as such, the UK…

The Human Rights Act (HRA) is argued to be a fundamental instrument in the United Kingdom’s (UK) constitution. It allows the rights and freedoms of the individual to be protected from the state within Domestic Courts. The Act has been under h scrutiny for decades surrounding the conflicts that it poses on the UK’s unwritten constitution and the fundamental doctrines of Parliamentary sovereignty, Separation of Powers and the Rule of Law. Due to this, there have been proposals made by many…

sex trade on the streets virtually disappeared (Waltman, 146). With this physical change, also came an adjustment with the way people viewed the criminal offense of prostitution. Before the law, forty-five percent of women and twenty percent of men were in favor of criminalizing purchasers in the sex trade, but after the law eighty three percent of women and sixty percent. Looking at the official data one can conclude the Swedish law not only affected those being trafficked, but the entire…

I believe that the Council of Vocations assigned Equality the job of street sweeper because he was already smarter, taller, and more curious about things than everyone else. The Council of Vocations fears that if they were to assign Equality to be a scholar he would be to interested in the work he is doing. His wanting to learn more about science would lead him to find the way that his society and councils run the city, and how they have ran the people for all of these years. Equality would soon…