Prawa człowieka

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Browsing Prawa człowieka by Author "Baranowska, Grażyna"

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    Freedom of Religion, Minority Rights and the Law : The Status of Jewish and Muslim Minorities in Europe and Beyond
    (Routledge, 2025) Cohen-Almagor, Raphael; Gliszczyńska-Grabias, Aleksandra; Henrard, Kristin; Baranowska, Grażyna; Górski, Marcin; Tourkochoriti, Ioanna; Porat, Iddo; Van der Schyff, Gerhard; Schuz, Rhona; Hacohen, Aviad; Heinig, Hans Michael; Wattier, Stephanie; Sandberg, Russell; Fink, François; Weiler, Joseph; Linzen, Meir; Gliszczyńska-Grabias, Aleksandra; Hacohen, Aviad
    This book provides an in-depth, scholarly reflection on the challenges that arise in guaranteeing religious freedom and protection of the rights of religious minorities in law and practice. Currently, the protection of religious minorities constitutes one of the foundations of the international human rights protection systems and is provided for in the constitutions of all democratic states. The volume identifies, analyses, and assesses the legal status of religious freedom and protection of religious minorities, with special focus on Jewish and Muslim minorities in the European and Israeli legal environments. It compares the discourses on the scope and boundaries of religious freedom with the actual treatment of religious freedom in legal regulations, the case law, and in practice by the general society. The book employs the resources of comparative law and national and international law, as well as legal theory. Extensive use is also made of decisions of the international courts, including the European Court of Human Rights and the Court of Justice of the European Union. The book will be a valuable resource for academics, researchers, and policymakers working in the areas of law and religion, international human rights law, comparative constitutional law, and religious studies.
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    How long does the past endure? ‘Continuing violations’ and the ‘very distant past’ before the UN Human Rights Committee
    (Netherlands Quarterly of Human Rights, SAGE, 2023) Baranowska, Grażyna
    The concept of ‘continuing violation’ allows reviewing applications concerning effects of violations that started before a treaty came into a force with regard to a state that allegedly committed the violation. This article analyses how the UN Human Rights Committee has recently approached two communications concerning continuing violations that occurred in the 1930s and 1940s (K.K. and Others v Russia; F.A.J. and B.M.R.A. v Spain). It critiques the fact that the Committee has introduced an additional qualification to its case law on continuing violations, namely that it has no jurisdiction over the violations with continuing effect, when underlying violations happened in the ‘very distant past’. The article argues that communications raising violations of the families of forcibly disappeared persons – at least these brought by their children – should not be ruled inadmissible because of time constraint since the disappearances. Lastly, the article reveals a tacit influence of the European Court of Human Rights on the Committee in the analysed case law.