This article focuses on the recent judgment of the Court of Justice, Aranyosi and Caldararu. After conducting a legal analysis on this case, three issues are identified and they are separately discussed in three sections. The aim of this paper is to show the impact of this judgment on public order and public security in Europe on the one hand and on the individual’s fundamental rights, on the other hand. It is going to be argued that even though there are limits to the principle of mutual recognition, this new exception based on fundamental rights establishes a new procedure for non-surrender. Therefore, the Court of Justice creates a non-execution ground which the EU legislator did not intend to include in the Framework Decision on the European arrest warrant. This is explained by looking at the three interconnected notions of Freedom, Security and Justice.
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The realization of human rights standards depends in part on the commitment of local actors. It can be argued that local public service professionals such as social workers can also be regarded as key players. The possible role of social workers becomes imperative if these professionals are working in a policy context that is not congruent with human rights. If existing laws or policies cause or maintain disrespect for human rights, social workers are in a position to observe that this is having an adverse impact on clients. When social workers are regarded as human rights actors, the question arises how they can or should respond to law and policy that impedes them in carrying out their work with respect for human rights. This article adds to existing theories on social workers as human rights actors by examining the practices of social professionals working in such a challenging policy context. The research took place among professionals in social district teams in the city of Utrecht, the Netherlands. Following a series of decentralizations and austerity measures the social care landscape in the Netherlands has changed drastically over the last few years. As a result, social workers may find themselves on the one hand trying to realize the best possible care for their clients while on the other hand dealing with new laws and policy expectations focused on self-reliance and diminished access to specialist care. The article explores how social professionals’ responses to barriers in access to care affect human rights requirements. In doing so, this socio-legal study provides insight into the ways in which everyday social work relates to the realization of human rights at the local level.
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The importance of specific professions for human rights realization is increasingly recognized. Journalists, teachers, and civil servants are all considered to play a role because their work affects individual rights. This is also the case for social workers. The connection between social work and human rights is evident in the large amount of literature explaining how human rights relate to social work. At the same time there is more attention for human rights localization. These fields of knowledge are related: social workers are local professionals and if they start applying human rights in their work this may influence human rights localization. This article contributes to existing debates on human rights localization by reflecting on the potential role of social workers in local human rights efforts in the Netherlands. Since human rights localization in general and human rights application in social work are recent phenomena in the Netherlands this provides a useful case study for a qualitative analysis on whether and how social workers can be regarded as actors in human rights localization. By connecting different actors that are said to play a role in human rights localization to proposed forms of human rights application by social workers this article identifies three possible roles for social workers in human rights localization: as human rights translators, as human rights advocates, and as human rights practitioners.
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Social work policy and practice all over the world continue to face the impact of the neoliberal agenda. Similarly, social work education has been subject to the economic and political changes, with an increasing emphasis on a discourse of ‘evidence-based practice’. However, it is the core of social work programs in higher education to initiate students in the fundamental values of social work, as they are recognized in the global definition of social work. In order to prepare future social workers for their assignment, human rights should be given an explicit place in the social work curricula at Universities and Universities of Applied Sciences. For human rights to gain more attention in social work programs in higher education, a Manifesto was written by lecturers’ social work in the Netherlands and Flanders, with a 5-point program to include human rights in the social work curricula. In this article, we elaborate on the five objectives that are presented in the Manifesto. Throughout the paper, we introduce small ‘case examples’ of how human rights can be integrated in education. These experiences show the importance of developing a particular social work perspective on human rights that is found in the idea of ‘human rights from below.’.
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Human rights groups are increasingly calling for the protection of their right to privacy in relation to the bulk surveillance and interception of their personal communications. Some are advocating through strategic litigation. This advocacy tool is often chosen when there is weak political or public support for an issue. Nonetheless, as a strategy it remains a question if a lawsuit is strategic in the context of establishing accountability for indiscriminate bulk data interception. The chapter concludes that from a legal perspective the effect of the decision to litigate on the basis of the claim that a collective right to group privacy was violated has not (yet) resulted in significant change. Yet the case study, the British case of human rights groups versus the intelligence agencies, does seem to suggest that they have been able to create more public awareness about mass surveillance and interception programs and its side-effects
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The main hypothesis underlying this article is that although arbitrators are not formally part of national justice systems, they have dealt with questions of EU fundamental rights and the European rule of law standards for quite some time, at least formally since the landmark CJEU judgment in Eco Swiss in 1999. In fact, in all forms of arbitration, be it national or international, taking place in or across (Member) States daily and not necessarily concerning the application by arbitrators of EU law stricto sensu, arbitrators can be seen as guardians of many crucial procedural guarantees that increase parties’ access to justice and advance the European rule of law, or so we wish to argue. This article is an exploratory piece. That is, it combines the format of the state-of-the-art review with the format of conference proceedings through which we present the main activities of the DG Justice TRIIAL project concerning arbitration. Our main goal is three-fold: (1) to advance the discussion on the relationship between the European rule of law and arbitration, (2) to present the main findings stemming from research and training activities within the TRIIAL training workshops on arbitration, and (3) to formulate future research and practical questions on the topic at hand.
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The 6th International Human Rights Education Conference is about teaching human rights. The purpose of this convention is to protect and promote the right of people with disabilities to participate equally in societal life. Implementation of the convention is a responsibility of the national government. At the Utrecht University of Applied Sciences a social work course now includes an introductory lecture on human rights using objects and a game that addresses the UN Convention on the Rights of Persons with Disabilities.
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This study explores legal consciousness of social workers within the framework of the 2015 Social Support Act (SSA) in the Netherlands. The aim of this law is to provide social support and care to citizens with impairments or chronic psychological or psychosocial problems, with the goal of enabling people to live independently and actively participate in society. The SSA grants entitlement to a needs assessment to applicants, essential for accessing personalized provisions. This assessment is a pivotal legal evaluation for persons with disabilities to ultimately exercise their rights under the UN Convention on the Rights of Persons with Disabilities (CRPD), ratified by the Netherlands in 2016. With the use of the concept of legal consciousness, this study aims to contribute to understanding social workers’ experiences, understandings, and actions in relation to law in the context of legal decision-making on behalf of the council.
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Indigenous rights’ relationship to ecological justice in Amazonia has not been explicitly explored in the literature. As social scientists rarely talk about violence against non-humans, this case study of conservation in Amazonia will explore this new area of concern. Ethical inquiries in conservation also engage with the manifold ways through which human and nonhuman lives are entangled and emplaced within wider ecological relationships, converging in the notion of environmental justice, which often fails to account for overt violence or exploitation of non-humans. Reflecting on this omission, this chapter discusses the applicability of engaged social science and conservation to habitat destruction in Amazonia, and broader contexts involving violence against non-humans. The questions addressed in this chapter are: is the idea of ecological justice sufficiently supported in conservation debate, and more practical Amazonian contexts? Can advocacy of inherent rights be applied to the case of non-humans? Can indigenous communities still be considered 'traditional' considering population growth and increased consumptive practices? Concluding that the existing forms of justice are inadequate in dealing with the massive scale of non-human abuse, this chapter provides directions for conservation that engage with deep ecology and ecological justice in the Amazonian context. doi: 10.1007/978-3-030-29153-2 LinkedIn: https://www.linkedin.com/in/helenkopnina/
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This article focuses on the role of ethical perspectives such as deep ecology and animal rights in relation to environmental education, arguing that such perspectives are well-placed to reposition students as responsible planetary citizens. We focus on the linkage between non-consequentialism, animal rights, and deep ecology in an educational context and discuss the broader issue of ethics in education. Finally, we discuss how the inclusion of deep ecology and animal rights perspectives would improve current environmental education programs by deepening the respect for nonhumans and their inclusion in the ethical community. https://www.linkedin.com/in/helenkopnina/
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