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Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.
The European Convention on Human Rights (ECHR) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity.
Human rights are moral principles or norms that describe certain standards of human behaviour and are regularly protected in municipal and international law. They are commonly understood as inalienable, fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings", regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are regarded as requiring empathy and the rule of law and imposing an obligation on persons to respect the human rights of others, and it is generally considered that they should not be taken away except as a result of due process based on specific circumstances.
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The most well-known types are copyrights, patents, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems.
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of society and the state without discrimination or repression.
The European Court of Human Rights, also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France.
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966, and in force from 23 March 1976 in accordance with Article 49 of the covenant. Article 49 allowed that the covenant would enter into force three months after the date of the deposit of the thirty-fifth instrument of ratification or accession. The covenant commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. As of September 2019, the Covenant has 173 parties and six more signatories without ratification.
The legitimacy under international law of the 1999 NATO bombing of the Federal Republic of Yugoslavia has been seriously questioned. The UN Charter is the foundational legal document of the United Nations (UN) and is the cornerstone of the public international law governing the use of force between States. NATO members are also subject to the North Atlantic Treaty, but its use of force provision is superseded by the non-derogable prohibition of the use of force contained in the Charter, which allows only two exceptions: action taken by the Security Council under Chapter VII, and self-defence against an armed attack. Neither of these exceptions were fulfilled in this case.
Alfred-Maurice de Zayas is an American lawyer, writer, historian, expert in the field of human rights and international law and retired high-ranking United Nations official. From 1 May 2012 to 30 April 2018 he served as the first UN Independent Expert on the Promotion of a Democratic and Equitable International Order.
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A trial which is observed by trial judge without being partial is a fair trial. Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is not a fair trial; for example, the right to a jury trial and other important procedures vary from nation to nation.
Non-refoulement is a fundamental principle of international law that forbids a country receiving asylum seekers from returning them to a country in which they would be in likely danger of persecution based on "race, religion, nationality, membership of a particular social group or political opinion". Unlike political asylum, which applies to those who can prove a well-grounded fear of persecution based on certain category of persons, non-refoulement refers to the generic repatriation of people, including refugees into war zones and other disaster locales. It is a principle of customary international law, as it applies even to states that are not parties to the 1951 Convention Relating to the Status of Refugees or its 1967 Protocol. It is also a principle of the trucial law of nations.
The Cairo Declaration on Human Rights in Islam (CDHRI) is a declaration of the member states of the Organisation of Islamic Cooperation (OIC) adopted in Cairo, Egypt, on 5 August 1990, which provides an overview on the Islamic perspective on human rights, and affirms Islamic sharia as its sole source. CDHRI declares its purpose to be "general guidance for Member States [of the OIC] in the field of human rights".
The margin of appreciation is a legal doctrine with a wide scope in international human rights law. It was developed by the European Court of Human Rights, to judge whether a state party to the European Convention on Human Rights should be sanctioned for limiting the enjoyment of rights. The doctrine allows the Court to reconcile practical differences in implementing the articles of the Convention. Such differences create a limited right, for Contracting Parties, "to derogate from the obligations laid down in the Convention". The doctrine also reinforces the role of the European Convention, as a supervisory framework for human rights. In applying this discretion, European Court judges must take into account differences between domestic laws of the Contracting States as they relate to substance and procedure. The margin of appreciation doctrine contains concepts that are analogous to the principle of subsidiarity, which occurs in the unrelated field of European Union law. The purpose of the margin of appreciation is to balance individual rights with national interests, as well as resolve any potential conflicts. It has been suggested that the European Court should generally refer back to the State's decision, as they are an international court instead of a bill of rights.
Canon Kabushiki Kaisha v Green Cartridge Co Ltd is a 1997 decision of the Judicial Committee of the Privy Council (1) re-affirming the principle of UK copyright law that the copying of functional three-dimensional objects is an infringing reproduction of the drawings of the objects, and (2) limiting the doctrine of non-derogation from grants as to chattels to "the case in which the unfairness to the customer and the anticompetitive nature of the monopoly is as plain and obvious as it appeared to the House of Lords in the British Leyland case."
Bodily integrity is the inviolability of the physical body and emphasizes the importance of personal autonomy, self-ownership, and self-determination of human beings over their own bodies. In the field of human rights, violation of the bodily integrity of another is regarded as an unethical infringement, intrusive, and possibly criminal.
Article 15 of the European Convention on Human Rights allows contracting states to derogate from certain rights guaranteed by the Convention in a time of "war or other public emergency threatening the life of the nation".
The relationship between democracy and human rights has been extensively discussed by political theorists. Part of the issue is that both "democracy" and "human rights" are contested concepts whose exact definition and scope is subject to ongoing dispute. Views include human rights as an integral part of democracy, human rights requiring democracy, and mutual support between both concepts.
In September 1967, Denmark, Norway, Sweden and the Netherlands brought the Greek case to the European Commission of Human Rights, alleging violations of the European Convention of Human Rights (ECHR) by the Greek junta, which had taken power earlier that year. In 1969, the Commission found serious violations, including torture; the junta reacted by withdrawing from the Council of Europe. The case received significant press coverage and was "one of the most famous cases in the Convention's history".
Right to truth is the right, in the case of grave violations of human rights, for the victims and their families or societies to have access to the truth of what happened. The right to truth is closely related to, but distinct from, the state obligation to investigate and prosecute serious state violations of human rights. Right to truth is a form of victims' rights; it is especially relevant to transitional justice in dealing with past abuses of human rights. In 2006, Yasmin Naqvi concluded that the right to truth "stands somewhere on the threshold of a legal norm and a narrative device … somewhere above a good argument and somewhere below a clear legal rule".
References
- ↑ Peter, Chris Maina (2008). The Protectors: Human Rights Commissions and Accountability in East Africa. Kituo Cha Katiba. ISBN 978-9970-02-794-1.
- ↑ Fitzpatrick, Joan (1994). Human Rights in Crisis: The International System for Protecting Rights During States of Emergency. University of Pennsylvania Press. pp. 64–. ISBN 978-0-8122-3238-7.
- ↑ "non-derogable". Oxford Reference.
- ↑ "non-derogable right". unterm.un.org. Retrieved 10 September 2020.
- ↑ Bruin, R. (2003). "Terrorism and the Non-derogability of Non-refoulement". International Journal of Refugee Law. 15 (1): 5–29. doi:10.1093/ijrl/15.1.5.
- ↑ Thielbörger, Pierre (2019). "The "Essence" of International Human Rights". German Law Journal. 20 (6): 924–939. doi: 10.1017/glj.2019.69 .