LLM In International Human Rights Law

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Browsing LLM In International Human Rights Law by Author "Kiernan, Caoimhe"

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    Assessing Legal Responsibilities and Accountability Mechanisms of Big Data Companies Through the European Convention on Human Rights (ECHR)
    (Griffith College, 2024) Achonu-Douglasson, Mark Anthony
    The increasing expansion of big data companies and technologies have raised concerns about the protection of the right to privacy, data protection and the principle of non-discrimination. ‘Datafication’ through collecting, storing and processing of massive amount of personal data raise questions of legal obligations and accountability. This study examines the role of the European Convention on Human Rights (ECHR) in addressing these concerns through ethical practices that protects individual rights in this digital era. This study made a comprehensive analysis of the ECHR’s provisions that is key to the operations of big data companies. It focused on Article 8 (the right to respect for private and family life) or the right to privacy, Article 10 (freedom of expression) and Article 13 (right to remedy) in relation to emerging issues of the datafication of the society. This thesis evaluated the impact of these rights on big data activities using doctrinal and socio-legal methodology in scrutinizing the ECHR and case law from ECtHR principles applicable to the digital age. This study identified the gaps and challenges in regulating the big data operation through the ECHR, while proposing a balanced approach between data analytical process and human rights. This study investigated the ECHR regulatory frameworks including the GDPR on enforcement efficacy and standards. It assessed the role of European and national data protection authorities and cross-border collaborations for accountability mechanisms. This study argued that the ECHR remains a relevant framework in the regulation of data protection but requires adaptation to effectively address the challenges posed by the pace of emerging technological innovations by integrating the principles of transparency, accountability and fairness. The ECHR can enhance legal responsibility and accountability mechanisms through ethically driven practices by big data companies as a catalyst for safeguarding the right to privacy and data protection. The findings contribute to the current discourse on privacy rights, data protection and offering insights for policy makers, regulators and big data companies. Keywords: Big Data, ECHR, ECtHR, Legal Responsibilities, Accountability Mechanisms, Data Protection, GDPR, Human Rights, Digital Rights, Regulatory Frameworks
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    Children’s Rights and Gender Transitioning – A Comparative Analysis of Germany and the UK
    (Griffith College, 2022) Alisa Behle, Selina
    This dissertation examined children’s rights and gender transitioning. It analysed the legal situation in Germany and the UK regarding children’s medical and legal gender transitioning. This analysis was conducted through the prism of the child’s rights, with particular reference to the core principle of the child’s best interests. It addressed whether children should be given the power to determine gender-related decisions. Should they have unlimited self-determination to make such decisions, or should there be limits in some instances? The advantages and disadvantages of different approaches were discussed. The research contributes to developing children’s rights regarding gender identity. Significantly recent developments have heightened the need for assessing under what circumstances and at what age children should be allowed to transition. The aim was to find a way to regulate this legally and uniformly in Europe and internationally. The research was based on international treaties, national legislation and case law. Comparative, socio-legal and historical research was also conducted. Regarding medical gender transitions, the child’s capacity to consent to such treatments must be addressed. It should be uniformly guaranteed that age is not a determining factor. Instead, the maturity of each child needs to be assessed. A balance must be established between the parent's need for care and the child's right to self-determination. Regarding legal gender transitions, Malta and Argentina were suggested as good practice countries for fulfilling human rights standards for legal gender recognition. The freedom to self-determination and the independence of gender recognition from medical diagnosis must be ensured by legislation and uniformly possible for minors