1. Proceedings in the case of Benedik v. Slovenia : Bachelor thesis undergraduate study programme Criminal Juctice and Security, B.A.Ana Jovanovska, 2024, diplomsko delo Opis: The case of Benedik v. Slovenia is a perfect example of the complexity between the right to privacy and covert investigative measures carried out by law enforcement in the digital age. Thus, this thesis aims to precisely explain the legislation governing the right to privacy under both internal law and the European Convention on Human Rights, with a particular emphasis on covert investigative measures. By exploring and defining the legal frameworks that protect the privacy rights of individuals, we aim to clarify the balance between state surveillance powers and individuals' privacy rights. The study systematically shows the evolution and current state of the legal provisions regarding covert investigative measures in Slovenia. The main focus of this thesis is the legal proceedings in the case of Benedik v. Slovenia. It serves as a prism through which the complexities of privacy protection, specifically, electronic privacy are analyzed in the context of data disclosure and internet usage. The study examines the legal proceedings at all court instances, including Kranj District Court, Ljubljana Higher Court, Supreme Court, and Constitutional Court of the Republic of Slovenia leading to a complaint that the applicant, Benedik, filed at the Strasbourg Court. The later ruling of the European Court of Human Rights addressed the interaction between domestic laws and international human rights norms in detail. An in-depth understanding of how covert investigative measures are integrated with the right to privacy is provided through an analysis of the arguments made, the legal reasoning used by the courts, and the verdicts issued. This thesis's comprehensive explanation offers valuable insights into the balance between state surveillance needs and the protection of individuals' right to privacy, highlighting the complexities of these issues in the modern digital age.
Ključne besede: Benedik v. Slovenia, analysis of the judicial proceedings, human rights, right to privacy, covert investigative measures
Objavljeno v DKUM: 28.08.2024; Ogledov: 104; Prenosov: 25
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2. Compatibility of unilateral sanctions with public international law : magistrsko deloAndrej Stanišić, 2024, magistrsko delo Opis: This master’s thesis systematically analyses the possible obligations and rules of public international law that must be respected when States impose sanctions without the authorisation of the United Nations Security Council or unilateral sanctions. This type of sanctions has been used throughout history and States are increasingly resorting to imposing them within international conflicts. However, they have never been regulated by any authoritative act, and the decisions of international judicial organs are scarce.
In the absence of specific rules regulating the use of unilateral sanctions, this thesis focuses on the general provisions and obligations of public international law that States must respect when imposing sanction regimes against other States. One of the fundamental principles of international relations is the principle of sovereign equality of States, under which States must refrain from intervening in the domestic affairs of other States and must respect their sovereign immunity. Furthermore, States are obligated to respect treaty provisions they have consented to, one of them being the World Trade Organisation’s Marrakesh Treaty, under which States need to respect the rules enshrined General Agreement on Tariffs and Trade, like most favoured nation principle. Unilateral sanctions such as freezing of assets of States and central banks, travel bans for State representatives, import and export bans and trade embargos all constitute a threat to breach these obligations of public international law. However, even if States impose unlawful unilateral sanctions, their unlawfulness may be precluded under the rules of lawful countermeasures.
Inconsistent State practice, divergent opinions of various scholars and lack of codifications make all these rules and prohibitions difficult to determine. However, given the recent increase in the use of unilateral sanctions, this grey area of international law is beginning to be clarified.
Ključne besede: State sovereignty, sanctions, legal countermeasures, coercion, national matters, human rights, immunities, inviolability, security exception, most favoured nation.
Objavljeno v DKUM: 24.06.2024; Ogledov: 198; Prenosov: 45
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3. Climate change-related displacement and the determination of refugee status under the 1951 Refugee ConventionElijah Sriroshan Sritharan, 2023, izvirni znanstveni članek Opis: Climate change and climate-driven migration are two of the defining challenges of the twenty-first century, and there is no legal framework for protecting those displaced across national borders for climate-related reasons. The 1951 Refugee Convention hardly applies to human mobility in the context of climate change. This paper was written in the hopes of initiating a discussion concerning an alternative perspective through which persons fleeing natural disasters linked to climate change may satisfy the eligibility conditions for recognition of refugee status. Expanding the definition of refugee as defined in the Convention by including the notion of vulnerability to climate disasters that are caused by the underlying socio-economic conditions in the claimant’s home country and the role of discrimination in causing differential exposure to the climate-related disasters in legal definitions might open the door for the availability of refugee status for persons fleeing in the context of climate change. This paper proposes the adoption of a reformed human rights-based interpretation, particularly with regard to the individual nature of refugee status determination. Recalibrating the Convention to facilitate climate-induced migration could reduce political tension and social unrest in receiving countries.
Ključne besede: climate change, climate-driven migration or displacement, climate migrants, climate refugees, determination of refugee status, the 1951 refugee convention, human rights-based approach, socio-economic conditions, vulnerability to climate disasters, the role of discrimination, rights-based climate litigation
Objavljeno v DKUM: 19.04.2024; Ogledov: 168; Prenosov: 12
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4. Long way to the 2014 Istanbul Convention : its role and significanceEva Hršak, Jernej Kovač, 2023, pregledni znanstveni članek Opis: This article investigates the historical aspects of physical violence in intimate relation-ships. The primary purpose is to illustrate the legal aspects and emotional dynamics of physical violence in intimate relationships, focusing on differences in perspective of various historical eras. We analyzed the Istanbul Convention, which represents a base document for preventing physical violence in domestic environments. In addition, we have analysed curriculum in kindergarten. We have discovered that the topics from the Istanbul Convention are incorporated in the kindergarten.
Ključne besede: physical violence, intimate relationship, human rights, legislation, Istanbul Convention
Objavljeno v DKUM: 15.04.2024; Ogledov: 226; Prenosov: 13
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5. Teachers’ impact on the implementation of human rights education in international Indian schools in KuwaitRadhika Lakshminarayanan, Suzana Košir, 2023, izvirni znanstveni članek Opis: With globalization, the establishment of private international schools has increased, particularly in nations with large migrant populations. These schools are affiliated to accreditation bodies from their respective country of origin for curriculum and assessment, although they may also be subject to certain norms within host countries. effectuates the official curriculum defined by the accrediting institution into the actual curriculum within the classroom. Although this reflects on all courses taught, it has wider implications in the effectiveness of Human rights education (HRE). This paper investigates key factors that determine the effective implementation of HRE by teachers in international schools, using the case study of Indian schools in Kuwait. By developing the 3I model (Introduction, Interpretation, and Implementation), the researchers determined the causative linkages in the structure and effectiveness of school curriculum for HRE, measured with exploratory factor analysis and structural equation modelling. The results indicate that human rights are not adequately addressed in the official curriculum and the teachcomprehension of human rights influences the application of HRE in the actual curriculum, which may present scope for bias and subjectivity.
Ključne besede: human rights, human rights education, international schools, Indian school curriculum, Kuwait
Objavljeno v DKUM: 12.04.2024; Ogledov: 265; Prenosov: 20
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6. State secrets privilege visà-vis protection of human rights : controversies in the case of Abu ZubaydahVesna Stefanovska, 2022, izvirni znanstveni članek Opis: Purpose: This paper analyses the dilemma regarding secret state privilege and the necessity to protect human rights. The purpose of the paper is to emphasize that in some occasion’s secret state privileges have been used to provide impunity and/or avoid further investigation which can point to acts of torture or acts that are contrary to international human rights law and international criminal law. Design/Methods/Approach: The descriptive method has been used for reviewing primary and secondary sources accompanied with the comparative method in order to make retrospective between different cases. Findings: The results show that human rights are often sacrificed by invoking secret state privilege. Extraordinary renditions have been used to transfer detainees from one state to another without any legal reason for purpose of interrogations which often end with torture. The main question is: should human rights be violated in the name of national security and fighting terrorism? The logical answer is no - the respect for human rights should be the top of the iceberg and no sacrifice can be done when the right to life and prohibition of torture are in question. Indeed, the Zubaydah case triggers the issue related to impunity for acts of torture and oversight on the government and security and intelligence agencies acts. Moreover, it raises questions about the very nature and purpose of secret state privilege by elaborating that even an information that has entered the public domain falls within the secret state privilege. Originality/Value: The content of the article deals with current topic and the controversies which surround the state secret privileges in several cases as well as comparison between different courts’ decisions which have in common the issue of invoking secret state privileges in the name of national security.
Ključne besede: state secrets privilege, human rights, extraordinary rendition, torture
Objavljeno v DKUM: 27.01.2023; Ogledov: 456; Prenosov: 19
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8. Perceptions of the Belgrade police detectives about core principles of democratic policing in SerbiaRadomir Zekavica, Želimir Kešetović, Tanja Kesić, 2011, izvirni znanstveni članek Opis: Purpose:
The main subject of this paper is the analysis of attitudes of police officers (detectives) in Belgrade Criminal Investigation Department (CID) about the core principles of democratic policing – protecting the citizens, commitment to the law, legal constraints of police activities and their impact on the effectiveness of policing, control of police and their legal liability. We also analyzed their views on legal solutions regulating the application of those police powers which are of greatest importance for the protection of human rights and freedoms of citizens.
Design/Methods/Approach:
The work is based on empirical research conducted in the period from September to October 2009 which included 250 (a 25 % sample) police officers in the Belgrade Police Depatment. The questionnaire comprised 49 question, the first six of which pertaining to demographic data. Most questions were of the closed form.
Findings:
The results of the research show that Belgrade police highly value objectives that are in the function of protecting interests of citizens, cooperation with citizens and absence of all forms of discrimination. They have shown animosity towards the law, as they perceive the law as a factor that limits thier efficiency. Efficiency of the police work is higly valued even at the cost of potentially violating human rights during the investigation. They consider the control of police work neccessary, preceiving the forms of internal control more useful than external control, especially those exerted by courts.
Research limitations:
This is an exploratory research, its results show tendencies and broad generalizations are not possible.
Practical implications:
Research results can be useful for police managers and for trainers in adjusting performance and attitudes of police officers in Belgrade PD.
Originality/Value:
The paper presents the findings of research upon which conclusions have been drawn regarding the perception of subjects regarding the most important issues arising from the democratic reform of police in Serbia.
Ključne besede: police, law, efficiency, human rights, control, accountability
Objavljeno v DKUM: 04.05.2020; Ogledov: 1161; Prenosov: 39
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9. Trial by jury in Russia : from the cornerstone of the judicial reform to the constitutional history artifactAnna Gurinskaya, 2015, izvirni znanstveni članek Opis: Purpose:
The article explores the process of gradual legislative encroachment on the constitutional right to be tried by jury in Russia that had started in 2008 when offenders accused of committing terrorist crimes were denied the right to opt for the jury. The objective is to show how the initial use of the security argument made possible further limitations of this right.
Design/Methods/Approach:
The research is based upon qualitative analysis of documents (drafts of legal bills, explanatory notes to the drafts, minutes of the Parliamentary hearings), decisions of the Constitutional Court of the Russian Federation and judges’ dissenting opinions, statements of public officials, media reports.
Findings:
Jury trial that was once a cornerstone of the major judicial reform of the 1990-ies risks becoming a constitutional history artifact. The process of its curtailment came as a result of the inability of this institute to get adjusted to the realities of the Russian criminal process as well as of the need of the state to meet the challenges of the risk society. It is argued that the use of security argument allowed for the initial bill aimed at limiting this right for terrorists to be adopted swiftly and without much debate. It also opened the window of opportunity for further limitation of this right that came under vague agenda of victims’ protection and case review system reform. The author demonstrates that decisions of the Constitutional Court of Russia have played a significant role in promoting limitations of jury trials.
Practical Implications:
The approach used in the article can be applied to researching other cases of limiting citizens’ rights in the name of security.
Originality/Value:
The article represents an attempt to provide empirical evidence of the ‘security paradoxes’ described in the security literature.
Ključne besede: trial by jury, comparative criminal justice, Russian criminal justice, security, human rights, fair trial
Objavljeno v DKUM: 16.04.2020; Ogledov: 1027; Prenosov: 42
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10. Harmonization of the Police law of the Republic of Serbia with the European standards of human rights protectionTomislav Radović, Žarko Braković, 2015, pregledni znanstveni članek Opis: Purpose:
Universality of human rights as part of natural and inalienable civilization values makes the rights a current issue of scientific treatment from various aspects. Legal regulation of human rights has both international and national component. On the other hand, governmental law-enforcement organizations play a very significant role in the realization, implementation and protection of human rights. A significant segment of the national legislation compliance belongs to the harmonization of laws and other state regulations with the European standards concerning human rights. With this work authors tried to realize the opportunities for further harmonization of police regulations in Serbia related to the field of human rights in accordance with European standards.
Design/Methods/Approach:
The authors use the method of analyzing expert literature, laws, international regulations and legal sources, as well as the descriptive method, the method of analysis and synthesis, the inductive-deductive method, and the compilation method.
Findings:
Serbia is obliged to comply with the laws of the European Union as part of the Stabilization and Association Agreement. The overall harmonization of law will certainly require harmonizing law-enforcement laws and provisions. The current Law on Police will very quickly be replaced by a new legislature in that, inter alia, pay special attention to compliance with its provisions with European human rights standards.
Originality/Value:
The article is a comprehensive, critical and presents a detailed analysis of the situation and proposals for harmonization of police regulations with European human rights standards. With regard to the process of Serbia joining the European Union conclusions expressed office may be relevant to the preparation of accession negotiations in the chapters dealing with such problems. The paper also aims at preparing a new impetus to the Police Act of the Republic of Serbia on issues related to normative regulation of human rights performance.
Ključne besede: harmonization, human rights, police, organization, standards, Serbia
Objavljeno v DKUM: 16.04.2020; Ogledov: 990; Prenosov: 46
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