Download or read book The Legitimacy of Family Rights in Strasbourg Case Law written by Carmen Draghici and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern family life exhibits a huge variety of new forms. Legal responses to these new forms illustrate the continuing differences between European nations. Nonetheless, the Strasbourg Court has been increasingly active in this area, which provides fertile ground for testing the legitimacy of the Court's interpretation of the European Convention on Human Rights. When national law refuses to recognize a claimed right, litigants regularly reassert that right before the Strasbourg Court. This has forced it to seek answers to complex domestic controversies, such as the legal recognition for same-sex partners and transgender persons, the ethics of adoption and reproductive rights, the legal regime for cohabitants, or the accommodation of immigrants' aspiration to family reunion. Placing family rights at the core of the judicial legitimacy debate, this book provides a critical analysis of the standards of family rights protection under the Convention. It evaluates the Court's interpretive methodology and discusses the tensions inherent in its supranational quasi-constitutional function. These include the risk of excessive deference to national authorities, at the expense of the effective enforcement of universal rights; the addition of 'new rights'; and inattention to the division of responsibilities between democratic processes within sovereign States and the subsidiary international review.
Download or read book The Legitimacy of Family Rights in Strasbourg Case Law written by Carmen Draghici and published by Hart Publishing. This book was released on 2014 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Modern family life exhibits a huge variety of new forms. Legal responses to these new forms illustrate the continuing differences between European nations. Nonetheless, the Strasbourg Court has been increasingly active in this area, which provides fertile ground for testing the legitimacy of the Court's interpretation of the European Convention on Human Rights. When national law refuses to recognize a claimed right, litigants regularly reassert that right before the Strasbourg Court. This has forced it to seek answers to complex domestic controversies, such as the legal recognition for same-sex partners and transgender persons, the ethics of adoption and reproductive rights, the legal regime for cohabitants or the accommodation of immigrants' aspiration to family reunion. Placing family rights at the core of the judicial legitimacy debate, this book provides a critical analysis of the standards of family rights protection under the Convention. It evaluates the Court's interpretive methodology and discusses the tensions inherent in its supranational quasi-constitutional function. These include the risk of excessive deference to national authorities, at the expense of the effective enforcement of universal rights, the addition of 'new rights' and inattention to the division of responsibilities between democratic processes within sovereign States and the subsidiary international review."--Résumé de l'éditeur.
Download or read book Children and the European Court of Human Rights written by Claire Fenton-Glynn and published by Oxford University Press, USA. This book was released on 2021-01-07 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive overview of the jurisprudence of the European Court of Human Rights as it relates to children. It includes detailed analysis of the Court's key decisions on children's rights, highlighting its achievements as well as offering informed critique of its ongoing weaknesses.
Download or read book The Strasbourg Case Law written by Richard S. Gordon and published by . This book was released on 2001-01-01 with total page 1572 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights Act 1998
Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer and published by Cambridge University Press. This book was released on 2018-03-29 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.
Download or read book Migration and the European Convention on Human Rights written by Başak Çalı and published by Oxford University Press. This book was released on 2021-02-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection investigates where the European Convention on Human Rights as a living instrument stands on migration and the rights of migrants. This book offers a comprehensive analysis of cases brought by migrants in different stages of migration, covering the right to flee, who is entitled to enter and remain in Europe, and what treatment is owed to them when they come within the jurisdiction of a Council of Europe member state. As such, the book evaluates the case law of the European Convention on Human Rights concerning different categories of migrants including asylum seekers, irregular migrants, those who have migrated through domestic lawful routes, and those who are currently second or third generation migrants in Europe. The broad perspective adopted by the book allows for a systematic analysis of how and to what extent the Convention protects non-refoulement, migrant children, family rights of migrants, status rights of migrants, economic and social rights of migrants, as well as cultural and religious rights of migrants.
Download or read book European Consensus and the Legitimacy of the European Court of Human Rights written by Kanstantsin Dzehtsiarou and published by Cambridge University Press. This book was released on 2015-04-30 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.
Download or read book Digest of Strasbourg Case law Relating to the European Convention on Human Rights written by and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constituting Europe written by Andreas Føllesdal and published by Cambridge University Press. This book was released on 2015-07-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: At fifty, the European Court of Human Rights finds itself in a new institutional setting. With the EU joining the European Convention on Human Rights in the near future, and the Court increasingly having to address the responsibility of states in UN-lead military operations, the Court faces important challenges at the national, European and international levels. In light of recent reform discussions, this volume addresses the multi-level relations of the Court by drawing on existing debates, pointing to current deficits and highlighting the need for further improvements.
Download or read book Digest of Strasbourg Case Law Relating to the European Convention on Human Rights written by and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Download or read book Article 8 ECHR Family Reunification and the UK s Supreme Court written by Helena Wray and published by Bloomsbury Publishing. This book was released on 2023-02-09 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do courts reconcile protecting family life with immigration control in human rights cases? This book addresses that question through an analysis of 11 UK Supreme Court decisions on immigration and family life, mostly focusing on Article 8 ECHR, the right to respect for family life, and starting with Huang v SSHD in 2007. The analysis is set against a national context that includes the Human Rights Act 1998 and regular controversies over immigration. The book explains how the European Court of Human Rights jurisprudence has developed in recent years, but, particularly in the absence of children, it often still awards little weight to claims by citizens and residents to be joined by family when immigration status is an issue. This reflects governments' resistance to encroachment on their control over borders. The Supreme Court decisions show that, despite powers conferred by the Human Rights Act, a more nuanced position in domestic law was difficult to articulate and sustain. The book explores the way in which these problems were reflected in the changing language, argumentation, and structure of judgments. These problems revealed judges to be strategic actors drawing on personal and institutional values and responding to the shifting political context. A more generous reading of Article 8 would be legally coherent but needs wider societal support to be realisable. The book ends with a discussion of how, if such support were present, the jurisprudence could give more weight to the needs of families. It is vital reading for anyone interested in families and immigration, and in the problems and potential of human rights adjudication.
Download or read book Procreative Rights in International Law written by Carmen Draghici and published by Cambridge University Press. This book was released on 2024-04-30 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Draghici contends that the advent of assisted reproductive technologies has given rise to new fundamental, albeit not unqualified, rights. They include the right to use medically assisted procreation (e.g. artificial insemination, in vitro fertilisation, potentially gamete donation, posthumous conception or surrogacy) in order to become a parent (typically where natural procreation is hindered by infertility, sexual orientation, relationship status or adverse life events), the recognition of intention-based parenthood in relation to donor-conceived children jointly planned and raised with the genetic parent, and the right to pursue the conception of a healthy child (e.g. through recourse to preimplantation genetic diagnosis and embryo selection to avoid severe illness in future offspring). To substantiate this claim, the book relies on a comprehensive analysis of international case-law on procreative autonomy, contextualised by a discussion of highly divisive bioethical controversies, from the status of embryos to the morality of genetic screening and third-party reproduction.
Download or read book Fifty Years of the Divorce Reform Act 1969 written by Joanna Miles and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: The enactment of the Divorce Reform Act 1969 was a landmark moment in family law. Coming into force in 1971, it had a significant impact on legal practice and was followed by a dramatic increase in divorce rates, reflecting changes in social attitudes. This new interdisciplinary collection explores the background to the 1969 Act and its influence on law and society. Bringing together scholars from law, sociology, history, demography, and film and literature, it reflects on the changes to divorce law and practice over the past 50 years, and the changing impact of divorce on different people in society, particularly women. As such, it offers a 'biography' of this important piece of legislation, moving from its conception and birth, through its reception and development, to its imminent demise. Looking to the future, and to the new law introduced by the Divorce, Dissolution and Separation Act 2020, this collection suggests ways for evaluating what makes a 'good' divorce law. This brilliant collection gives insight not only into this crucial piece of legislation, but also into a key period of societal change.
Download or read book The Migration Conference 2020 Book of Abstracts and Programme written by The Migration Conference Team and published by Transnational Press London. This book was released on 2020-09-03 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the book of abstracts for the Migration Conference 2020, 8 to 11 September. We’re pleased to welcome you to the 8th Migration Conference. The Migration Conference 2020 is held online via Microsoft Teams platform due to COVID-19 Pandemic restrictions. We have as usual covering a wide array of topics in this year’s edition too. There are about 350 presentations and debates running over 4 days from 8th to 11th September 2020. We have tried to address the time zone differences by moving sessions towards mid-day and grouping presentations, where possible, according to time zones. However, we believe this is not perfect to accommodate hundreds of colleagues from Brazil to Japan, and Australia to Canada. PLEASE NOTE all times are GMT+1 British Summer Time (BST). MS Teams will normally show the times according to your computers local time. Our all-women keynote speakers line up this year features Nissa Finney, Jelena Dzankic, Martina Cvajner, Elli Heikkila, Agnes Igoye, and Helén Nilsson. Although the main language of the conference is English, this year we will have linguistic diversity as usual and there will also be some sessions in Spanish and Turkish. We thank all participants, invited speakers and conference committees for their efforts and contribution. We are particularly grateful to hundreds of colleagues who served as reviewers and helped the selection process.
Download or read book Grandparents and the Law written by Samantha M Davey and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should grandparents have rights in relation to their grandchildren? If so, what should the content of those rights be, both procedurally and substantively? And what is the appropriate role of the law in providing solutions to problems arising in the context of grandparents' rights? This book considers these questions from both a public and a private law perspective, and analyses the human rights implications for parties such as children, parents and grandparents. It also explores the topic of grandparents' rights in the context of the European Convention on Human Rights and the United Nations Convention on the Rights of the Child, as well as in other jurisdictions, such as Iran, France and Nepal. The book argues that grandparents' rights have so far received insufficient acknowledgement and, consequently, that relationships between grandparents and grandchildren have received insufficient protection. However, it is crucial that the protection of grandparents' rights is balanced with the rights of parents and the rights and welfare of children; the book considers how best to achieve this, for example in disputes on child arrangements (i.e. residence and contact), child protection matters and in adoption cases. The book is of particular interest to all academics seeking a clear framework for the protection of grandparents' rights in private and public law proceedings.
Download or read book The Legal Recognition of Same Sex Relationships written by Brian Tobin and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the key issues affecting same-sex families in Ireland and beyond today: marriage; formalised and non-formalised same-sex relationships outside of marriage; parental rights for same-sex couples with donor-conceived or surrogate-born children; and the protections afforded to same-sex families under European human rights law. It critically examines the Irish and Australian citizen-led approaches to achieving marriage equality, which made Ireland and Australia the first and second countries in the world, respectively, to extend the institution of marriage to same-sex couples on foot of a popular vote. It analyses the pragmatic and symbolic effects of civil partnership, which was the premier means of formalising same-sex unions in Ireland. Ireland's hurried 'divorce' from civil partnership in the aftermath of marriage equality is examined in light of evidence from the U.K. indicating that this mode of relationship recognition remains popular with both same-sex and opposite-sex couples in that jurisdiction. The book goes on to consider the legal position of same-sex couples who are parenting children born via assisted reproductive techniques (ARTs) like donor-assisted human reproduction (DAHR) and surrogacy. Finally, it looks at the impact (or lack thereof) of the European Convention on Human Rights (ECHR) as regards the protection of same-sex relationships, marriage and parental rights for same-sex couples. It does this to determine what is required of Ireland and other states party to the ECHR to comply with European human rights obligations when it comes to legally recognising couples, and parents, of the same sex. Shortlisted for the 2024 SLS Margaret Brazier Prize for Outstanding Mid-Career Scholarship.
