Statsret, folkeret og menneskerettigheder

Towards an Effective Right to Vote: On the Path of Internationalization and Instrumentalisation?

Dmitry Kurnosov

University of Copenhagen, Faculty of Law

  dd.kurnosov@gmail.com 

 +45 71 51 51 90

  http://jura.ku.dk/icourts/staff/profile/?pure=en/persons/568847 

Starting date: 01.09.2016

Completion date: 31.08.2019

Project description:

In contemporary politics a near universal institutional embrace of the right to a free and fair vote contrasts with widespread unfree and unfair electoral practices and growing skepticism towards electoral procedures even in so called 'mature democracies'. My project will analyze whether the international courts have institutional power and political will to arrest or correct these trends. To reach that aim I will develop a theory of how international courts perceive different dimensions of democracy and interact with other external and internal actors with a stake in electoral process.

Reconciling the Right to Privacy with Freedom of Expression

Anja Møller Pedersen

University of Copenhagen and Danish Institute for Human Rights

  anja.moeller.pedersen@jur.ku.dk   

 +45 22 98 86 15

 http://jura.ku.dk/ciir/ansatte/?pure=da/persons/247588 

Starting date: 1 April 2016

Completion date:  31 March 2019

Projektbeskrivelse:

In C-131/12, Google Spain, an ordinary Spanish citizen requested that Google removed or concealed on the list of results from a search based on his name certain information about him lawfully published in a newspaper several years earlier. The European Court of Justice pronounced that the rights to privacy and data protection in Art. 7 and 8 of the EU Charter of Fundamental Rights as ’rule’ override not only the economic interest of the search engine in processing the data, but also the interest of the general public in having access to it, unless a ’preponderant’ public interest is demonstrated. It thereby indicated that these rights are superior to that of freedom of expression in Art. 11, not only violating the strong interdependency between the rights according to international human rights law, but also consistent case law from the European Court of Human Rights.

Against this background and with a view to explore and understand the interrelation between the rights, the project seeks to tease out the underlying rationales behind the rights to privacy, data protection and freedom of expression and explore how they are reflected in EU legislation and case law, and determine the criteria behind each of them. These analyses will then serve as a foundation for exploring how the rights may be reconciled, and which of the identified rationales and criteria may determine the outcome in cases of conflict between them.

The PhD project is co-funded by University of Copenhagen, Centre for Information and Innovation Law (CIIR) and Danish Institute for Human Rights.

De retlige begrænsninger for digital overvågning

Tanja Kammersgaard Christensen

Aalborg Universitet

  tkc@law.aau.dk 

 

 

Startdato: 01.02.2016

Slutdato:  31.01.2019

Projektbeskrivelse:

Ingen

Operationalising human rights at the national level: The impact of coordination mechanisms and the organisation of power and responsibilities among administrations in developing countries

Sébastien Lorion

University of Copenhagen, Danish Institute for Human Rights

  selo@humanrights.dk

+45 81 94 26 64

  http://jura.ku.dk/phd/english/blue-book/?pure=en/persons/543286

Starting date: 15.12.2015

Completion date: 14.12.2018

Project description:

My research aims to address national human rights systems through studying and comparing mechanisms of coordination of human rights implementation at state level, with a focus on National Human Rights Institutions, National Human Rights Plans of Action and focal points. These correspond to emerging soft law and treaty provisions, such as the Convention on the Rights of Persons with Disabilities, and become part of development agendas. Practitioners at local level, including National Human Rights Institutions, and scholars from different disciplinary backgrounds have called for further theoretical and empirical research on the interactions between state actors and the dynamics of synergy, or competition, created through various coordination mechanisms. Greater understanding of the internal dynamics of state bureaucracies in operationalising human rights obligations could inform ongoing normative developments. The research falls within the emerging discipline of international human rights studies, which includes perspectives deriving from legal studies, sociology, and international development. Case studies include Burkina Faso, Nepal and Tunisia.

Den psykiatriske patient i dansk sundhedsret - diskurser, stigma, diskrimination

Annika Frida Petersen

Københavns Universitet, Det Juridiske Fakultet

  annika.frida.petersen@jur.ku.dk

 

 

Startdato: 01.09.2015

Slutdato:  31.08.2018

Projektbeskrivelse: (psykiatriret, diskriminationsret)

Projektet undersøger den retlige håndtering af psykiatriske patienter i dansk sundhedsret med særligt fokus på retlige diskurser, discrimination og stigmatisering i et menneskerettighedsperspektiv.

Private and public property in land: Resolving property disputes in Iceland and beyond

Valgerdur Solnes

University of Copenhagen, Faculty of Law / University of Iceland, Faculty of Law

 valgerdur.solnes@jur.ku.dk

 +45 31 52 72 27

  http://jura.ku.dk/cora/ansatte/?pure=da/persons/537327

Starting date: 01.09.2015

Completion date: 31.08.2018

Project description:

The research examines the Icelandic Supreme Court’s case law on account of a 1998 legislation. The legislation granted administrative power (subject to judicial review) to determine boundaries between private and public land in Iceland. The legislature opted out of enacting special evidentiary rules, and chose to adopt procedural rules to safeguard the human rights of all relevant parties. This approach was tested by the ECtHR, who concluded that the 1998 legislation, and the case law are not in violation of the ECHR (right to property, and right to a fair trial).

Børns rettigheder i tvangsanbringelsessager

Anne Mørk Pedersen

Aalborg Universitet, Juridisk Institut

  ampe@law.aau.dk

  +45 99 40 28 01

 

Startdato: 01.08.2015

Slutdato:  31.07.2018

Projektbeskrivelse:

Ingen 

The Responsibility of Non-State Actors for Human Rights Violations in Armed Conflict

Lauren Neumann

Aarhus University, Department of Law

 lneumann@law.au.dk

+45 87 16 51 24

 pure.au.dk/portal/en/lneumann@law.au.dk

Starting date: 01.02.2015

Completion date: 31.01.2018

Project description:

The project seeks to examine the responsibility of non-State actors in situations of armed conflict for human rights violations, particularly in relation to civilians.

 

The politics and law of cooperative non-entree

Nikolas David Feith Tan

Aarhus University, Department of Law

 nita@law.au.dk

 +45 87 16 51 84

 pure.au.dk/portal/en/nita@law.au.dk

Starting date: 15 January 2015

Completion date: 14 January 2018

Project description:

States are increasingly cooperating to prevent access to asylum in more affluent parts of the world. Perhaps intentionally, these policies significantly challenge the existing refugee and human rights protection regime, still largely tied to notions of territory and (single) state responsibility. This project will investigate the policies of the European Union, United States and Australia. It raises two main questions. The first is legal: to what extent can international refugee and human rights law be brought to bear on international cooperation in the field of migration control and asylum processing? The second is more theoretical: what does the interplay between normative commitments and policy practices in this area tell us about the role of international law in shaping refugee policy?

 

The role of private actors in maritime security

Christian Frier

University of Southern Denmark, Department of Law

 cfr@sam.sdu.dk

 

 www.sdu.dk/ansat/cfr

Starting date: 01.12.2014

Completion date: 30.11.2017

Project description:

The scope of the project is to examine the role of private actors in maritime security. Private actors have proven to be an important party in the fight against maritime piracy, but is the legal regime supporting such development?