Results for 'tarptautinė žmogaus teisių teisė'

177 found
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  1.  7
    Pagrindinių teisių apsauga pagal Europos žmogaus teisių konvenciją ir Europos Sąjungos teisę.Danutė Jočienė - 2010 - Jurisprudencija: Mokslo darbu žurnalas 121 (3):97-113.
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  2.  12
    Is There a Need for Extension of Subsidiary Protection in the European Union Qualification Directive?Lyra Jakulevičienė - 2010 - Jurisprudencija: Mokslo darbu žurnalas 120 (2):215-232.
    The establishment of the Common European Asylum System by 2012 remains a key policy objective for the European Union. According to the Council of the European Union, the development of a Common Asylum Policy should be based on a full and inclusive application of the 1951 Geneva Convention Relating to the Status of Refugees and other relevant international treaties. In the European Pact on Immigration and Asylum attention is brought to the persistence of wide disparities amongst Member States in the (...)
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  3.  8
    Preservation of Environment in Times of Non-International Armed Conflict. Legal Framework, Its Sufficiency and Suggestions.Indrė Lechtimiakytė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (2):569-590.
    Environmental protection in times of armed conflicts, irrespective internal or international, is rarely considered as a prioritized concern. Due to the concept of state sovereignty, this is especially problematic when examining interaction of warfare and environmental protection in non-international hostilities. Not only it is challenging to find any exhaustive and explicit legal provisions regulating the matter, but this issue has also been forgotten by international legal scholars. Therefore, in this article the author reviews written and customary norms laid down in (...)
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  4.  15
    Natural Law as Biolaw.Stefan Kirchner - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (1):23-39.
    This article investigates the use of natural law in biolaw from the specific perspective of an attorney practising before the European Court of Human Rights. Starting from an exploration of the question of who is a human and thereby to be protected under the European Convention on Human Rights (ECHR), particular emphasis is placed on the right to life under Art. 2(1) ECHR. It is shown that natural law can – and should – impact the interpretation of the European Convention (...)
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  5.  16
    The Impact of General Human Rights on the Protection of Persons Belonging to National Minorities.Aistė Račkauskaitė-Burneikienė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):923-950.
    The protection of national minorities forms a constituent part of the international protection of human rights. General human rights treaties (the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms and others) create guarantees for the protection of persons belonging to national minorities on the basis of individual human rights. Although the mentioned treaties are not specifically devoted for the protection of national (...)
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  6.  17
    State Liability for the Infringement of the Obligation to Refer for a Preliminary Ruling under the European Convention on Human Rights.Regina Valutytė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (1):7-20.
    The article deals with the question whether a state might be held liable for the infringement of the European Convention on Human Rights if its national court of last instance fails to implement the obligation to make a reference for a preliminary ruling to the Court of Justice of the European Union under the conditions laid down in Article 267 of the Treaty on the Functioning of the European Union and developed in the case-law of the Court. Relying on well-established (...)
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  7.  23
    Some Aspects Related to the Interpretation of the Right to Free Elections in the Case-Law of the European Court of Human Rights.Indrė Pukanasytė - 2009 - Jurisprudencija: Mokslo darbu žurnalas 115 (1):155-182.
    The paper focuses on the general principles established in the caselaw of the European Court of Human Rights while applying and interpreting the Article 3 of the First Protocol of the Convention for the Protection of Human Rights and Fundamental Freedoms which provides: „The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.“ Article 3 of (...)
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  8.  19
    The Right to Confidentiality of Communications Between a Lawyer and a Client During Investigation of EU Competition Law Violations: The Aspect of the Status of a Lawyer.Justina Nasutavičienė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (1):39-55.
    For the purposes of this article, the right to confidentiality of communications between a lawyer and a client (legal professional privilege) is analysed and understood as a rule under which, in judicial or administrative proceedings, the content of communications between a lawyer and his client shall not be disclosed; if this rule is breached, the content of the communications in question is not treated as evidence in the process. Legal professional privilege is related to several articles of the Convention for (...)
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  9.  20
    Legal Aspects of Regulation of Abortion in the Context of Jurisprudence of the European Court of Human Rights.Edita Gruodytė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (2):739-752.
    Regulatory approach to the right to abortion in Europe is diverse and basically related to the issue of when the right to life begins and how this question is reflected in national legislation. Such an approach and diversity is tolerated by the European Court of Human Rights, but only if some specific standards and criteria formulated in the jurisprudence of the European Court of Human Rights are reflected in national legislation. Research of the Lithuanian legal acts conducted in the light (...)
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  10.  19
    Intersection of the Jurisprudences. The European Convention on Human Rights and the Constitutional Doctrine Formulated by the Constitutional Court of the Republic of Lithuania.Toma Birmontiene - 2010 - Jurisprudencija: Mokslo darbu žurnalas 119 (1):7-27.
    The article discusses the certain features of the constitutional doctrine of human rights developed by the Constitutional Court of Lithuania which were influenced by the jurisprudence of the European Court of Human Rights, the role of the European Convention on Human Rights as a legal source in the system of sources of constitutional law. The intersection of the jurisprudences, which came into being due to different assessments of the legal regulation in cases where the same legal act was recognized by (...)
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  11.  18
    Human Rights Today.Jaunius Gumbis, Vytaute Bacianskaite & Jurgita Randakeviciute - 2010 - Jurisprudencija: Mokslo darbu žurnalas 119 (1):125-145.
    In the twenty-first century, human rights play a very important role in modern society. The Universal Declaration of Human Rights, released on 10 December 1948th was thought to become an everlasting source of fundamental human rights and freedoms. The Declaration corresponds to the situation that global community was facing 60 years ago. Today it is a collection of articles that is the cornerstone of the whole system of human rights protection. However, gross human rights atrocities, the dynamic process of legislation, (...)
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  12.  10
    The Limits of the Use of Undercover Agents and the Right to a Fair Trial Under Article 6(1) of the European Convention on Human Rights. [REVIEW]Lijana Štarienė - 2009 - Jurisprudencija: Mokslo darbu žurnalas 117 (3):263-284.
    Various special investigative methods are more often applied nowadays; their use is unavoidably induced by today’s reality in combating organised crime in the spheres such as corruption, prostitution, drug trafficking, trafficking in persons, money counterfeit and etc. Therefore, special secret investigative methods are more often used and they are very effective in gathering evidence for the purpose of detecting and investigating very well-organised or latent crimes. Both the Convention on the Protection on Human Rights and Fundamental Freedoms itself, i.e. its (...)
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  13.  8
    Labour Law Within the Recent Jurisprudence of the European Court of Human Rights.Martin Reufels & Karl Molle - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (4):1567-1583.
    The article deals with the impact of the recent jurisprudence of the European Court of Human Rights (ECHR) on the German labour law practice. After a brief introduction of the general importance of the jurisprudence of the ECHR for the German labour law (I.), the authors illustrate the German and the ECHR’s jurisprudence on the duty of loyalty towards the ecclesiastic employer (II.) and whistle blowing (III.). Analysing this jurisprudence, the authors come to the conclusion that the ECHR approved the (...)
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  14.  8
    Impact of Human Rights on Private Law in Lithuania and Other European Countries: Problematic Aspects.Solveiga Cirtautienė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (1):77-90.
    The aim of this article is to investigate the problem how and to what extent human rights affect the relationships between private parties and what consequences this effect has for the development of private law in Lithuania and other European countries. Because Lithuanian legal doctrine lacks relevant research on this subject-matter, the author seeks to start and invoke the beginning of conceptual academic discourse on the matter. It is argued that despite the fact that in many countries the impact (whether (...)
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  15.  8
    Kai Kurie Teisės Į Laisvus Rinkimus Interpretavimo Europos Žmogaus Teisių Teismo Jurisprudencijoje Aspektai.Indrė Pukanasytė - 2009 - Jurisprudencija: Mokslo darbu žurnalas 115 (1):155-182.
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  16.  1
    Europos Žmogaus Teisių Teismas ‒ Konstitucinė Justicija Prieš Individualią?Lyra Jakulevičienė - 2014 - Jurisprudencija: Mokslo darbu žurnalas 21 (2):373-398.
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  17.  40
    The Arab Charter on Human Rights: The Naissance of New Regional Human Rights System or a Challenge to the Universality of Human Rights?Dalia Vitkauskaite-Meurice - 2010 - Jurisprudencija: Mokslo darbu žurnalas 119 (1):165-180.
    The issue of human rights has always been a matter shared by politicians, lawyers, philosophers and sociologists. Since the adoption of the Universal Declaration of Human Rights scholars and human rights activists have discussed whether the Declaration has become a symbol of human rights universality. Two decades later Muslim states have started discussions if human rights are indeed universal. They argued that human rights is a product of western imperialism and therefore the Arab states are not bound by the human (...)
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  18.  38
    Protection under the European Convention on Human Rights – Oasis for Asylum Seekers in Europe?Lyra Jakulevičienė & Vladimiras Siniovas - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):855-899.
    Even though the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) does not explicitly address the rights of asylum seekers and refugees, the case law of the European Human Rights Court (ECtHR) confirms that their rights can be successfully defended under this mechanism. In parallel, in its evolving jurisprudence on asylum the Court of Justice of the European Union (CJEU) refers to the Strasbourg case law, where there is a certain interrelationship between these two jurisdictions, in particular (...)
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  19.  35
    Minority Rights in the International Covenant on Civil and Political Rights: Conceptual Considerations.Fernando Arlettaz - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):901-922.
    The article discusses the rights of minorities in the system of the International Covenant on Civil and Political Rights. It establishes a conceptual distinction between universal rights, specific rights of minorities in general and specific rights of particular minorities. Universal rights correspond to all individuals (e,g,, “no one shall be subjected to torture”) or all groups of a certain class (e.g., “all families are entitled to protection”). Minority groups and their members are entitled to these rights in the same way (...)
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  20.  29
    Protection of Human Rights under the European Convention on Human Rights and the European Union Law (text only in Lithuanian).Danutė Jočienė - 2010 - Jurisprudencija: Mokslo darbu žurnalas 121 (3):97-113.
    The system of the European Convention on Human Rights created in 1950 is still regarded as the most important and effective regional system for the protection of human rights in the whole world. However, the experience of the European Court of Human Rights (ECHR) has clearly showed that the steady growth in the number of cases brought before the ECHR makes it increasingly difficult to keep the length of proceedings within the acceptable limits and to maintain the effectiveness of the (...)
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  21.  27
    The Confessional Secret Between State Law and Canon Law and the Right to Freedom of Religion Under Article 9 of the European Convention on Human Rights.Stefan Kirchner - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (4):1317-1326.
    Within the Irish government there is a discussion regarding the possibility of limiting the legal protection afforded to the confessional secret. This paper addresses the question of whether this suggestion, if it were to be implemented by the legislature, would be compatible with the right to religious freedom under Article 9 of the European Convention on Human Rights (ECHR). This text will also highlight the role of the confessional secret in canon law and the protection of it under German law. (...)
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  22.  22
    The Influence of Economic Crisis on the Constitutional Doctrine of Social Rights.Toma Birmontienė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (3):1005-1030.
    The article underlines the significance of social rights as important constitutional rights of a human being and emphasises the peculiarities of their nature from the point of view of not only national, but also international law. The article presents an analysis of the constitutional doctrine of the protection of guarantees of social rights, which has been formulated by the Constitutional Court of the Republic of Lithuania in the course of considering the issues of reduction of social guarantees—pensions and remuneration, which (...)
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  23.  14
    Freedom of Expression v. Honour and Dignity: Is the Practice by Lithuania's Courts Constitutional? (text only in Lithuanian).Algimantas Šindeikis - 2010 - Jurisprudencija: Mokslo darbu žurnalas 120 (2):121-157.
    The constitutional right to self-expression, used by societies professing democratic values (Constitution, Article 25), is a highly important feature for forming the political will of the citizenry. A broad, multi-sided public discussion on all issues of public interest is only possible with the existence of an appropriate amount of freedom of information. A strong mechanism for disseminating information that operates between citizens and the parliament is able to generate a sphere for discussion and mutual influence which are essential for indirect (...)
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  24.  14
    Review of Judgments of the European Court of Human Rights in Cases Against the Republic of Lithuania in 2011. [REVIEW]Justinas Žilinskas & Dovilė Gailiūtė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (1):369-390.
    In 2011 the European Court of Human Rights delivered 10 judgments in cases against the Republic of Lithuania. In 9 judgments the Court found at least one violation of rights and freedoms guaranteed by the European Convention on Human Rights. Article 6 which provides the right to a fair trial, remains dominant in the applications against Lithuania, since in 7 out of 10 delivered judgments the Court declared violations of Article 6 (mostly paragraph 1 concerning the length of proceedings). In (...)
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  25.  10
    Principle of Subsidiarity and 'Embeddedness' of the European Convention on Human Rights in the Field of the Reasonable-Time Requirement: The Italian Case.Francesco De Santis di Nicola - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (1):7-32.
    The right to ‘domestic remedies’, which ideally connects ‘subsidiarity’ and ‘embeddedness’ of the ECHR in the legal systems of member States, is deemed to play a crucial role for the Strasbourg machinery survival as well as for an effective protection of human rights, especially in the field of the ‘reasonable-time’ requirement. In this respect the Italian case seems an excellent test. Once a compensatory remedy was introduced in the Italian legal system by Law No. 80 of 2001 (the ‘Pinto Act’), (...)
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  26.  10
    Compensation under the European Convention on Human Rights for Expropriations Enforced Prior to the Applicability of the Convention.Stefan Kirchner & Katarzyna Geler-Noch - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (1):21-29.
    Forced expropriations of immovable property were common during the Communist era in Eastern Europe. Today, many of the former owners or their heirs are interested in regaining legal ownership of such properties, often decades after the ownership has been reallocated to others. Therefore, the conflict between old and new owners is often resolved in favour of the new owners. While this is understandable from a contemporary political perspective, this approach results in a perpetuation of the results of an earlier human (...)
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  27.  10
    The Recent Developments of Latvian Model of Church and State Relationship: Constitutional Changes Without Revising of Constitution.Ringolds Balodis - 2009 - Jurisprudencija: Mokslo darbu žurnalas 117 (3):7-19.
    The article offers a concise view on the problems related to the Church and State relationship in Latvia. The article presents the author’s hypothesis that under the new circumstances when special legal provisions apply to traditional churches, it must discussed whether the rest of religious organizations could be classified as religious societies, operating in accordance with the Law on Societies and foundations. The author also holds an opinion that it is important for every country to follow the principle of separation (...)
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  28.  6
    Review of Decisions of the European Court of Human Rights in Cases Against the Republic of Lithuania in 2010. [REVIEW]Saulius Katuoka & Andrius Bambalas - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (4):1641-1657.
    This article presents the review of the cases decided by the European Court of Human Rights against Lithuania during 2010. Authors provide the summary of relevant cases so that the potential reader is updated with the latest developments of human rights protection concerning Lithuania. Among other cases, this article reviews the case Cudak v. Lithuania decided by the Grand Chamber, which clarified the issues of restrictive principle of State immunity in employment disputes.
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  29.  67
    On Human Rights in Healthcare: Some Remarks on Limits of the Right to Healthcare.Jonas Juškevičius & Janina Balsienė - 2010 - Jurisprudencija: Mokslo darbu žurnalas 122 (4):95-110.
    Notwithstanding the expectations related to the ‘invasion’ of human rights into the field of healthcare, the complexity of this field raises some problematic questions about the applicability of such a legal instrument. The present paper analyses the possible limits to the content of the core right to healthcare. These limits are discussed through the examination of two normative pillars of health law: the right to individual self-determination (or the principle of individual autonomy) and the right to healthcare itself. The authors (...)
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  30.  43
    Concept of the Right to Health Care.Paulius Čelkis & Eglė Venckienė - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (1):269-286.
    On the grounds of the fundamental value of the human rights, which is the human dignity, this article describes a basis of the right to health care in terms of quality, discloses its concept, reviews the spheres of health system in which this right is exercised: health care and public health. The right to health care is stressed as one of the fundamental rights, without which the person will not able to enjoy other rights: economic, political and social rights. It (...)
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  31.  82
    Limiting of the Right to Privacy in the Context of Protection of National Security.Birutė Pranevičienė - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (4):1609-1622.
    For the last several decades, ensuring human rights and national security have remained an important goal and a condition for existence of every state. The interests of national security often presuppose the need to narrow some natural rights, such as, for example, the right to privacy, the right to secrecy of communication, etc. Traditional concept of security is related to ensuring national security. According to the traditional concept of security, the state is considered the main object of security; therefore, the (...)
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  32.  50
    When is the EU Charter of Fundamental Rights Applicable at National Level?Allan Rosas - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (4):1269-1288.
    Whilst the Charter of Fundamental Rights of the European Union, which became part of binding primary EU law on 1 December 2009, constitutes an important codification and clarification of fundamental rights as they exist in the European Union, the field of application of the Charter is limited in a significant way: the Charter only applies when EU law is at stake. When national courts and authorities in the EU Member States are confronted with problems of purely national law, they are (...)
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  33.  42
    Reservations to Human Rights Treaties: Problematic Aspects Related to Gender Issues.Aistė Akstinienė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (2):451-468.
    In this article the author analyses specific reservations that are being done to the international documents for the protection of human rights and whether Vienna Convention on the Law of the Treaties applies to those human rights treaties or not. Also, the author analyses if reservations, which are incompatible with object and purpose of the treaty, can be done or not and what consequences they might bring. For this reason the author describes the practice of the state members under the (...)
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  34.  34
    Mens Rea Element in Superior Responsibility Under Customary International Law and the Rome Statute.Justinas Žilinskas & Tomas Marozas - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (4):1519-1541.
    Superior responsibility has been a widely recognised form of responsibility for omission in both treaty and customary international law. Superiors are held responsible for the acts of their subordinates when they fail in fulfilling their duties to prevent or punish crimes of subordinates. Duties to prevent and punish arise only after the superior knows about the subordinate’s crimes or has a reason to know about it. ‘Has a reason to know’ is a form of constructive knowledge and could be defined (...)
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  35.  33
    Human Dignity and the Right to Dignity in Terms of Legal Personalism (From Conception of Static Dignity to Conception of Dynamic Dignity).Alfonsas Vaišvila - 2009 - Jurisprudencija: Mokslo darbu žurnalas 117 (3):111-127.
    The article critically analyzes the conservative conception of passive or static human dignity in accordance with which human’s value is seen as value coming from the exterior (from God or from a biological human’s nature), or value seen as existing per se. In opposition to this conception, a conception of active or created dignity is being developed, which aims at treating human’s dignity not like a social relationship, but rather like a person’s individual ability to live properly in the society (...)
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  36.  31
    The Influence of Using Cyber Technologies in Armed Conflicts on International Humanitarian Law.Justinas Žilinskas - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):1195-1212.
    Cyber warfare is becoming a new reality with new battles fought everyday on virtual battlefields. For a century and a half, International Humanitarian Law has been a sentry for victims of wars guaranteeing their legal protection from the calamities of war, trying hard to respond to Clausewitz’s “chameleon of war”. Cyber conflict marks new chameleon’s colour together with the unmanned aerial vehicles, autonomic battle systems and other technologies deployed on battlefields. However, it would be greatly erroneous to claim that the (...)
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  37.  30
    Influence of the European Union Directive 2004/83/EC on the Interpretation of Definition of Refugee.Laurynas Biekša - 2009 - Jurisprudencija: Mokslo darbu žurnalas 117 (3):251-261.
    The 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees embody fundamental provisions of refugee law. However, since the adoption of these documents the world has changed dramatically and the laws are not developing fast enough in order to catch up with dynamically changing contemporary situations. The application and interpretation of definition of a refugee was developed through traditional practice of Western states, which was influenced by two world wars and the (...)
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  38.  29
    Human Life as Legal Value and its Protection in the Roman Law (article in Lithuanian).Marius Jonaitis & Albertas Milinis - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (3):821-840.
    Right to life is an essential natural right protected and defended by law. The aim of this publication is to discuss the main issues regarding human right to life and its protection in the Roman law. Article deals with the problems of beginning and end of the human life and legal capacity in Rome, elements of legal protection of slaves and family members subject to pater familias life as well as the principle crimes attempting to human life. First of all, (...)
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  39.  25
    The Right to Religious Education in Lithuania.Birutė Pranevičienė & Agnė Margevičiūtė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (2):443-458.
    The article analyzes preconditions of realization of the right to religious education in Lithuania during the period of compulsory education. The article consists of two parts. The essence of the freedom of thought, religion and conscience and their relation to religious education is discussed in the first part. The second part of the article analyses national legal framework related to compulsory education in the light of freedom of thought, religion and conscience. The states are required to ensure education of children (...)
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  40.  27
    Private Military and Security Companies and the Problems of their Regulation under International Humanitarian Law.Justinas Žilinskas - 2009 - Jurisprudencija: Mokslo darbu žurnalas 117 (3):163-177.
    The use of private military force by states has been a long-standing phenomena in the history of warfare. Armies of mercenaries, privateering and recruitment of foreign nationals into armed forces have been common during the Middle Ages and later on. However, with the invention of effective firearms and artillery, standing regular armies, conscription and other developments that resulted in the essential rise of costs of war, the role of private military entrepreneurs diminished. By the end of XIXth century the state (...)
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  41.  22
    On the Issue of Relationship of the European Union and International Law.Saulius Katuoka - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):841-854.
    The paper analyses the relevant issue of the relationship of international law and European Union law. Therefore, independent systems of law exist, which inevitably arise the issue of relationship and interaction of these systems. Legal literature analyses the question of the relationship of these two systems of law on the basis of various aspects. The author has chosen the following structure of the paper: first, the general problem of the relationship of international and European Union law is discussed. While describing (...)
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  42.  19
    Right to Education in International Legal Documents.Birutė Pranevičienė & Aurelija Pūraitė - 2010 - Jurisprudencija: Mokslo darbu žurnalas 121 (3):133-156.
    The importance of the right to education reaches far beyond education itself. The right to education is recognized, promoted and protected at all levels— from local to global. The concept of each human right constitutes a dual perception—human rights are personified and there are particular duty-bearers, most often the states, which have certain obligations to preserve and protect those rights. This article summarizes governmental obligations, foreseen in international and regional legal human rights’ instruments, corresponding to the right to education in (...)
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  43.  15
    The Importance of Historical Discourse for the Legal Protection of Human Dignity at Present.Egle Venckiene - 2010 - Jurisprudencija: Mokslo darbu žurnalas 119 (1):147-164.
    Human rights stem from community values; therefore, even today they may develop only on the basis of the values of a particular community. When the interests of a society change, new threats to the same value originate. A constant scientific dialogue is necessary in order to neutralise these threats effectively. The current socio-cultural context reveals the problems related to the legal protection of human dignity through a contraposition of instrumental and teleological attitude towards the human dignity. The article discusses ideological (...)
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  44.  20
    New EU Standards of Consumer Protection? New Directive on Consumer Rights 2011/83/EU.Arndt Künnecke - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):951-970.
    In recent years consumer law has come more and more into the focus of legislation within the EU. One of the EU’s key objectives, completing the final stage of the internal market, is to place consumer rights in the centre of it. Following the adaption of various consumer law measures for some decades, the EU has undertaken a thorough review of its consumer acquis. After years of consultations, the Consumer Rights Directive 2011/83/ EU, which was supposed to set new standards (...)
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  45.  17
    Practice of China's Encouragement on Capital Export and It's Protection Under International Investment Law: Lithuanian Case.Andrius Bambalas - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (2):749-774.
    There are various notions of capital, but in this article movement of capital is being analysed from the perspective of international investment law – a country has an asset, which it cannot exploit or do so efficiently and there is a foreigner who possesses financing, technology or know-how, which allows to develop such asset. Lithuania is a net importer of capital, thus this article analyses on what might be the asset that Lithuanian government is interested in developing through foreign investment (...)
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  46.  12
    Kononov Case and the Baltic States.Justinas Žilinskas - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (3):859-870.
    The present article is a subjective commentary on the case Kononov v. Latvia dealt by the European Court of Human Rights, in particular drawing attention to the Courts intention not to regard context of the case as important for the substantial issues. Author considers this approach in a bigger picture of clash of historical and legal paradigms of the heritage of the Second World War in different countries (namely, Western Europe, Russia, the Baltic States). Author also discusses what impact Kononov (...)
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  47.  15
    The Concept of Enforced Disappearances in International Law.Dalia Vitkauskaitė-Meurice & Justinas Žilinskas - 2010 - Jurisprudencija: Mokslo darbu žurnalas 120 (2):197-214.
    Enforced disappearance is not a new type of human rights violation. This phenomenon is taking place all over the world. Nevertheless, with the exception of the single provision in the Rome Statute, there is no universal legally binding document which would be applicable in all the cases of enforced disappearances. This article introduces the phenomenon of enforced disappearances, analyses its multiple nature, and overviews the latest developments in drafting legally binding documents within the UN framework.
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  48.  15
    Introduction of 'Crime of Denial'in the Lithuanian Criminal Law and First Instances of its Application.Justinas Žilinskas - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (1):315-329.
    The present article analyses the so-called ‘crime of denial’ recently established in Article 1702 of the Lithuanian Criminal Code. It describes how this crime was introduced in the Lithuanian Law, and the reasons for its present form and challenges. The crime has been applied in two instances (Stankeras case and Paleckis case). The author discusses these two instances of application, critically reviews the arguments of the Prosecutor’s Office and of the court of first instance and shows that at least in (...)
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  49.  14
    Broadening the Concept of Genocide in Lithuania's Criminal Law and the Principle Nullum Crimen Sine Lege.Justinas Žilinskas - 2009 - Jurisprudencija: Mokslo darbu žurnalas 118 (4):333-348.
    The present article discusses the broadening of the concept of genocide in Lithuanian national criminal law with regard to the principle of nullum crimen sine lege. The broadened definition, which includes two groups, social and political raises serious problems when the national provisions on genocide are applied retroactively. However, in the case of Lithuania, such a broadening of the definition may be interpreted not as an introduction of distinct independent groups, but of groups that closely overlap with the groups defined (...)
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  50.  14
    Development of Women's Rights in Lithuania: Recognition of Women Political Rights.Toma Birmontienė & Virginija Jurėnienė - 2009 - Jurisprudencija: Mokslo darbu žurnalas 116 (2):23-44.
    The article discusses the problems of development of women’s political rights in Lithuania in the legal historical aspect starting from the 16th century, when some property and individual rights were enshrined in the first codifications of the laws of the Great Duchy of Lithuania. The aim of the article is to show that women’s struggle for political equality and suffrage at the end of the 19th and at the turn of the 20th century correlates with the movement for re-establishment of (...)
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