The article discusses a range of important normative questions raised by anti-COVID-19 measures and policies. Do governments have the right to impose such severe restrictions on individual freedom and furthermore do citizens have obligations vis-à-vis the state, others and themselves to accept such restrictions? I will argue that a democratic state may legitimately enforce publicly discussed, properly enacted and constitutionally tested laws and policies in order to protect its citizens from risks to life and limb. Even so, there is a natural limit, factual and normative, to what the state or a government can do in this respect. Citizens will also need to take it upon themselves not to harm and to protect others and in the context of a pandemic this means that endorsement of restrictions or other mandatory measures, notably vaccination, is not to be seen as a matter of personal preference concerning the supposedly inviolable sovereignty of one’s own body. |
Search result: 11 articles
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2021 |
Keywords | SARS-CoV-2 pandemic, The state’s duty to protect, Duty to rescue, Responsibility, Solidarity |
Authors | Konstantinos A Papageorgiou |
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Article |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Authors | Matthias C. Kettemann and Martin Fertmann |
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This study explores the spread of disinformation relating to the Covid-19 pandemic on the internet, dubbed by some as the pandemic’s accompanying “infodemic”, and the societal reactions to this development across different countries and platforms. The study’s focus is on the role of states and platforms in combatting online disinformation. |
Case Notes |
The Constitutional Court of Hungary on the Borderlines of BlasphemyA Note on Two Recent Cases |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | blasphemy, freedom of speech, protection of dignity, protection of religion, Hungary |
Authors | Balázs Schanda |
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Blasphemy used to be a criminal offence in traditional legal systems. Although offending the transcendent is not criminalized in most Western legal systems, free speech must respect the dignity of others. Religious conviction constitutes an inherent part of dignity. The protection against hate speech offending the dignity of members i.e. of religious communities may include criminal sanctions in extreme cases. The new Civil Code of Hungary (2013) enables the bringing of a civil lawsuit for hate speech. After years of litigation the first two cases where litigants claimed their dignity violated by offensive images have reached the Constitutional Court. The Constitutional Court guaranteed protection of religious identity on the one hand, on the other hand, it upheld the freedom of political speech even when using a religious symbol. Degrading religion offends all members of the religious community, criticism of the religiosity of public actors, however, is protected by the freedom of speech. |
Article |
Performing the COVID-19 Crisis in Flemish Populist Radical-Right DiscourseA Case Study of Vlaams Belang’s Coronablunderboek |
Journal | Politics of the Low Countries, Issue 2 2021 |
Keywords | populism, COVID-19, crisis, discourse |
Authors | Jens Meijen |
AbstractAuthor's information |
In June 2020, the Flemish populist radical right party Vlaams Belang (VB) published the Corona Blunder Book (CBB; Coronablunderboek in Dutch), detailing the government’s mistakes in handling the COVID-19 crisis. Populist parties can ‘perform’ crisis by emphasising the mistakes made by opponents (Moffitt, 2015) and may use a specifically populist discursive style, consisting largely of aggressive and sarcastic language (Brubaker, 2017). This paper takes the CBB as a case study in the populist performance of crisis and the populist style, finding that the book is, first, a clear example of populist ‘everyman’ stylistics and the performance of crisis, and, second, that VB uses the book to shift the COVID-19 crisis from a public health crisis to a crisis of governance, seeking to blame Belgium’s federal structure for the government’s alleged mismanagement of the COVID-19 pandemic and hence arguing for Flemish independence, one of the party’s main agenda points. |
Article |
Beizaras and Levickas v. LithuaniaRecognizing Individual Harm Caused by Cyber Hate? |
Journal | East European Yearbook on Human Rights, Issue 1 2020 |
Keywords | hate speech, verbal hate crime, cyber hate, effective investigation, homophobia |
Authors | Viktor Kundrák |
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The issue of online hatred or cyber hate is at the heart of heated debates over possible limitations of online discussions, namely in the context of social media. There is freedom of expression and the value of the internet in and of itself on the one hand, and the need to protect the rights of victims, to address intolerance and racism, as well as the overarching values of equality of all in dignity and rights, on the other. Criminalizing some (forms of) expressions seems to be problematic but, many would agree, under certain circumstances, a necessary or even unavoidable solution. However, while the Court has long ago declared as unacceptable bias-motivated violence and direct threats, which under Articles 2, 3 and 8 in combination with Article 14 of the ECHR, activate the positive obligation of states to effectively investigate hate crimes, the case of Beizaras and Levickas v. Lithuania presented the first opportunity for the Court to extend such an obligation to the phenomenon of online verbal hate crime. This article will first address the concepts of hate speech and hate crime, including their intersection and, through the lens of pre-existing case law, identify the key messages for both national courts and practitioners. On the margins, the author will also discuss the issue of harm caused by verbal hate crime and the need to understand and recognize its gravity. |
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Journal | Erasmus Law Review, Issue 3 2020 |
Keywords | CRPD, Disability Discrimination, ECHR, Stereotypes, Interpersonal Relations |
Authors | Andrea Broderick |
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The entry into force of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) pushed state obligations to counter prejudice and stereotypes concerning people with disabilities to the forefront of international human rights law. The CRPD is underpinned by a model of inclusive equality, which views disability as a social construct that results from the interaction between persons with impairments and barriers, including attitudinal barriers, that hinder their participation in society. The recognition dimension of inclusive equality, together with the CRPD’s provisions on awareness raising, mandates that states parties target prejudice and stereotypes about the capabilities and contributions of persons with disabilities to society. Certain human rights treaty bodies, including the Committee on the Rights of Persons with Disabilities and, to a much lesser extent, the Committee on the Elimination of Discrimination against Women, require states to eradicate harmful stereotypes and prejudice about people with disabilities in various forms of interpersonal relationships. This trend is also reflected, to a certain extent, in the jurisprudence of the European Court of Human Rights. This article assesses the extent to which the aforementioned human rights bodies have elaborated positive obligations requiring states to endeavour to change ‘hearts and minds’ about the inherent capabilities and contributions of people with disabilities. It analyses whether these bodies have struck the right balance in elaborating positive obligations to eliminate prejudice and stereotypes in interpersonal relationships. Furthermore, it highlights the convergences or divergences that are evident in the bodies’ approaches to those obligations. |
Notes from the field |
Developments in the use of restorative justice for hate crime |
Journal | The International Journal of Restorative Justice, Issue 3 2020 |
Authors | Mark Walters |
Author's information |
Case Notes |
Limitations of the Physical Expression of OpinionDecision No. 14/2019. (IV. 17.) AB of the Constitutional Court of Hungary |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2020 |
Keywords | freedom of expression, expression of opinion, Constitutional Court of Hungary, political freedom, conflict between fundamental rights |
Authors | Gábor Kurunczi |
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The present case note tries to answer the question whether Article IX of the Fundamental Law of Hungary protects the physical expression of opinion, by analyzing the jurisprudence of the Constitutional Court. The protection of freedom of expression has been a priority for the Constitutional Court from the outset. In the 21st century, however, as far as freedom of expression is concerned, it is not enough for the Constitutional Court to rely solely on doctrines. Increasingly, courts are faced with cases where those expressing their opinion do not express their message in words, but in a physical way. And these acts (e.g. dousing a statue with paint or just painting a crack in a sidewalk in four colors) are very often in conflict with other fundamental rights (e.g. with the right to property), raising the question of the illegality of the action expressing the opinion. In 2019, the Constitutional Court dealt with three such cases. This case note analyzes the Decision No. 14/2019. (IV. 17.) AB of the Constitutional Court. In essence, the Constitutional Court had to answer three questions: (i) What are the criteria for deciding whether an act can be included in the constitutionally protected scope of freedom of expression (and how are the actions of the petitioners to be judged)? (ii) If an act can be included within the constitutionally protected scope of expression, how to balance it with other fundamental rights, in particular to the right to property? (iii) Where are the boundaries between constitutionally protected expressions and criminal acts? The aim of the present case note is to raise some new aspects to allow for further reflection on the topic. |
Article |
Restorative justice capacities in Middle Eastern culture and society: towards a hybrid model of juvenile justice in Palestine |
Journal | The International Journal of Restorative Justice, Issue 1 2019 |
Keywords | Hybrid model, restorative justice, non-state justice, Palestine, Middle East |
Authors | Mutaz Qafisheh and Ali Wardak |
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Alongside the state juvenile justice system, various forms of non-state justice providers are strongly prevalent in Palestine. Although the state juvenile justice has evolved into a modern system, it lacks adequate human, professional and infrastructural capacities to provide effective justice to all children. This field research has identified key non-state justice providers in Palestine and reveals that they are more accessible and speedy and also place more emphasis on peacemaking and reconciliation than the state justice system. It also reveals that in the processes of justice dispensation, occasional violation of children’s rights takes place within some of the male-dominated non-state justice providers. In order to minimise rights violation, while capitalising on the restorative capacities of non-state justice providers, a ‘hybrid model of juvenile justice in Palestine’ has been developed and is proposed. It is argued in this article that the ‘hybrid model’ not only promises to provide a coherent framework of links between Palestinian state juvenile justice and non-state justice providers, but also has the capacity to minimise rights violation through proposed internal and external oversight mechanisms. It is further maintained that translating the hybrid model into practice may result in the provision of more accessible, inclusive and restorative juvenile justice to all children in Palestine. |
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Journal | The International Journal of Restorative Justice, Issue 1 2018 |
Keywords | Restorative justice, police, female offenders |
Authors | Birgit Larsson, Gillian Schofield and Laura Biggart |
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This article reports on the uses of police-led restorative justice (RJ) for female offenders by one constabulary in England from 2007 to 2012. The study consisted of (1) quantitative analysis of administrative police data on 17,486 participants, including 2,586 female offenders, and (2) qualitative analysis of twelve narrative interviews with female offenders sampled from the database. Quantitative data demonstrated that the majority of female offenders committed low-level offences and that the majority of participants experienced street RJ. Female offenders reported mixed experiences with RJ in qualitative interviews. On the whole, women did not understand what RJ was, leading to complications as many felt their victims were mutually culpable. Some felt that the police forced them to apologise and treated them like criminals while others felt the police gave them a second chance. The study raises questions about what the police can bring to RJ in relation to vulnerable women. |
Article |
Hate Crimes, Underpolicing and Institutional DiscriminationLessons from Hungary |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2017 |
Authors | András László Pap |
Author's information |