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Insane or religious? Drawing the line between incapacity and capacity to act, and its business potential
(Riga Graduate School of Law, 2020)
In some cases, peculiar religious beliefs might qualify as delusions which undermine one´s capacity to act. Distinguishing between the two, a “normal” religious belief and a delusion, is troublesome, with a number of ...
Effect of new Aliens Act of Finland on the fair trial in asylum cases
(Riga Graduate School of Law, 2020)
This thesis describes various elements of the rights to fair trial, free access to the justice, fairness, public hearings, and trials by the independent tribunals. The purpose of this thesis is to examine new Aliens Act ...
“Sicherungsverwahrung” (preventive detention) in Germany under the scrutiny of the ECHR
(Riga Graduate School of Law, 2020)
The societal challenge how to deal with offenders deemed habitually dangerous, requires to balance needs for security of the general public with the human rights of the potential extreme dangerous offender. The prediction ...
Execution of judgments of the European Court of Human Rights finding a violation of Article 18 of the Convention for the Protection of Human Rights and Fundamental Freedoms
(Riga Graduate School of Law, 2020)
The European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter ‘the Convention’) is a living instrument that gradually and consistently develops. Almost 70 years after the adoption of the ...
Protection of the right to equal recognition before the law of persons with limited capacity in the Republic of Latvia
(Riga Graduate School of Law, 2020)
By restricting the ability of a person to make choices, guardianship excludes the person from a number of personal, social, and community experiences and thus creates a form of arbitrary and unreasonable segregation. Having ...
The disenfranchisement of prisoners under the principle of proportionality: a comparative study of the US and the UK
(Riga Graduate School of Law, 2020)
The right to participate in the governing of state is one of the principle fundamental human rights, be it directly or indirectly through an elected official. This right has been addressed numerous times in different ...
Sharia in Europe. Way to legal pluralism?
(Riga Graduate School of Law, 2020)
In contemporary Europe there have been debates with regards to growing Islamic community and its demand for sharia norms. Reports on the serious Human Rights violations and emergence of fundamental Islam increased fear in ...