Human Rights✊⚖

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!humanrights@crazypeople.online is a SAFE place to discuss human rights and related laws.

Related: !humanrights@lemmy.sdf.org (but down votes → less safe)

Human rights law comes from many sources. E.g:

1948 (UDHR) Universal Declaration of Human Rights
1950 (ECHR) European Convention on Human Rights
1953 (CPHRFF) Convention for the Protection of Human Rights and Fundamental Freedoms
1976 (CCPR) International Covenant on Civil and Political Rights
1976 (CESCR) International Covenant on Economic Social and Cultural Rights
2016 (CFREU) Charter of Fundamental Rights of the EU

One important factor that makes this forum a safe structure is that silent down votes are impossible. Rationale:

Down votes are a form of suppression.
Silent down votes are uncivil and antithetical to human rights because they deny the other person the dignity of understanding.

How to express your urge to down vote: post a civil criticism that avoids logical fallacy (ad hominems in particular). Or up-vote an existing civil post that captures your criticism.

Moderation:

The moderator has a hands-off moderation style generally. However, human rights matters in a place calling itself “safe” calls for an extra degree of civility, thus uncivil posts will likely be more prone to mod intervention than other forums under the same moderation team (a team of 1 ATM).

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Europeans have a fundamental right to “good administration” (Yay!) But what about Germany? (belgae.social)

submitted 5 days ago by autonomousPunk@belgae.social to c/humanrights@crazypeople.online

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Article 41 of the Charter of Fundamental Rights of the European Union (CFREU) entitles people to “good administration”. What does that mean exactly -- you might ask. It is up to every administration to define what that means. The EU has their own “European Code of Good Administrative Behaviour” but that is just for EU agencies (i.e. excluding member states).

Belgium has a standards of good administrative behaviour just for Belgian administrations at the federal level.

I see that Germany answered a survey about good administration. It’a a good sign. But what do they have? A German agency ignored my request for standards of good administration that they are expected to adhere to. Ignoring that request in itself likely undermines the right to good administration.

So, my question: can anyone point to a code of good administrative conduct for German administrations? Preferably in English if it exists but of course I would be satisfied with German if needed.

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[–] autonomousPunk@belgae.social 1 points 5 days ago* (last edited 5 days ago)

I wouldn’t go that far. I mean, it’s not great that they have the liberty of writing a vague or minimal standard for themselves. But at least you can hold them to their own standard. And in situations where there is no standard in place, you can argue that your CFREU Art.41 rights are generally undermined.

A good judge would treat an unwritten standard in favor of the complainant. There is a legal concept in contract law that says the benefit of vague or ambiguous terms in a contract goes to the party who did not draft the contract. This principle punishes the side who had the advantage of writing the contract for their negligence. Hopefully a similar concept would be considered in the case of good administration. Not sure if this principle exists in Europe or how realistic that is.

I have encountered several cases where a Belgian administrative office violated the Belgian standards. In principle I can escalate a complaint on that basis. I would not consider this useless.