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also
these
texts
from
June:
http://www.nytimes.com/2015/06/21/opinion/sunday/nicholas-kristofa-rain-of-bombs-in-the-nuba-mountains.html?rref=collection
%2Fcolumn%2Fnicholas-kristof
and
http://www.nytimes.com/2015/06/28/opinion/sunday/nicholas-kristofhes-jesus-christ.html
as
well
as
the
blog
by
Nicholas
Kristof
http://kristof.blogs.nytimes.com/2015/06/27/how-to-help-dr-tomcatena/
A few years ago the international legal community was talking a lot
about the responsibility to protect and the idea has been mentioned
in UN SC Resolutions, including on Sudan, but very little has come
from it. There might be a sense of being overwhelmed, the notion that
no single state can solve all problems overnight, such as the threat by
the Islamic State, Syria, Sudan, South Sudan, to name but a few.
Paper is cheap but unless own national interests are threatened, we
are unlikely to see European troops on the ground to protect people in
Africa against being displaced, raped or murdered. Rising numbers of
refugees are met with heroic efforts by aid organizations, seamen and
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If the childs mother is Finnish, the child will always be Finnish. This
seems to be a remnant of the old Roman law principle mater semper
certa est, i.e., the mother is always known. Things start to become
tricky, indeed illegal under the ECHR, when the father is concerned
because having a Finnish father does not guarantee the child Finnish
nationality. Finnish law makes a distinction based on the marital
status of the parents. If the parents are married, the child will be a
Finnish citizen, if not, the child has to be born in Finland in order to
acquire citizenship.
Such a discrimination against children based on the marital status of
the parents is incompatible with the ECHR, specifically Articles 8 and
14 ECHR. It is more than surprising that Finnish law is still maintaining
such a distinction more than 35 years after the landmark case of
Marckx v. Belgium in which the European Court of Human Rights
found that states may not discriminate against what was then
referred to as illegitimate children. The marital status of the parents
must not have any effect on the legal status of the child and the
Finnish law in so far violates fundamental rights of the child.
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discovery
and
of
being
sent
back
(although
in
case
of
such
circumstances)
are
only
one
aspect
of
life
as
an
Sweden
has
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but the banks which cause costs to consumers, but the ECB does not
exist in a vacuum and human rights, too, are something that has to
be taken into account in the long run.
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law has been made a bit easier, but citizenship requires a regular
residence status. Many families of asylum seekers are merely
tolerated, meaning that they do not have a legal right to live in
Germany but the authorities temporarily refrain from deporting them.
How long such a status lasts is only in the hands of the authorities.
And what many asylum seekers do not know: as asylum seekers they
will not be allowed to work. They will spend their days in centers for
asylum seekers, an environment which often is not safe. They will not
be legally permitted to earn a living and to support their families but
will depend on small payments by the state which are hardly enough
to survive. They will be restricted to live in a specific area.
Finally, it must not be underestimated that there are parts of
Germany which are not welcoming towards asylum seekers. Indeed,
there have been violent attacks on asylum seekers in Germany.
Fortunately in many towns the local people are more welcoming and
many police officers do a good job protecting asylum seekers just like
other residents. But there is discrimination.
There is unemployment. There is despair.
Today, Europe tries to discourage potential asylum seekers from
coming to Europe in the first place and the asylum law in Germany
will hardly contribute to make asylum seekers feel at home in
Germany. This is a huge moral failure. Those who are forced to leave
their homes deserve our support. As a society, both Germany and
Europe in general can do better. It is morally essential to do better
and to see refugees as our neighbors and to treat them with the
respect every human being deserves, everywhere.
The Comeback of Natural Law
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anti-religious
societies,
positivism
became
the
ruling
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Catholic
Church
celebrates
the
Feast
of
the
Immaculate
Cathedral
which
features
the
twelve
stars
in
the
configuration used by the Council of Europe, that is, twelve fivepointed stars, set like the hour-numbers on a clock, all stars pointing
upward rather than the in all likelihood more commonly seen outwardpointing set of stars.(13) Although potentially not much more than
anecdotal, this symbolism also is reflective of the values of the united
Europe. While the story of the creation of the European flag might be
disregarded by some as irrelevant and might be interpreted as a
divine sign by others, much more important than this symbolism and
its interpretation is that also legal institutions are not devoid of all
religiously motivated values and the law they apply has not been
created in a vacuum without any influences. One of these influences,
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and an important one at that, has been religion. In the case of Ireland,
the religious convictions of one people, by leading to the ECtHRs
ruling that the right to private life under Art. 8 (1) ECHR does not
entail a right to abortion, might have started to change the laws in
many countries, thus saving the lives of millions.
Sources:
(1) A good overview is provided at no author named Territorial scope
of European Convention on Human Rights, in: Wikipedia, available
online
at
<http://en.wikipedia.org/wiki
/Territorial_scope_of_European_Convention_on_Human_Rights>
(last
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online
at
2004,
<http://www.economist.com/printedition/PrinterFriendly.cfm?
Story_ID=3332056> (last visited 24 November 2011).
(11) A. Uwhaan Maria Europea : histoire du drapeau europen, in:
LEtre
persienne,
20
September
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2008,
things
seems
to
be
getting
better
slowly,
regional
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Court
of
Human
Rights
highlight
the
positive
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Rechtsrealismus).(2)
Laakso
described
this
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