Download or read book Prohibition of Discrimination Under the European Convention on Human Rights written by Frédéric Edel and published by Council of Europe. This book was released on 2010-01-01 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights guarantees equality among human beings by means of two provisions that prohibit discrimination: On the one hand, Article 14 of the Convention, ratified by all member states of the Council of Europe; and, On the other hand, The first article of Protocol No. 12, ratified by only some of the members. The content of the prohibition laid down by these two provisions is the same, The only difference is in the extent of their scope: whereas Article 14 prohibits discrimination in the "enjoyment of rights and freedoms set forth by the present Convention", The first article of Protocol No. 12 prohibits discrimination in a broader sense in the "enjoyment of all rights set forth by law". This study proposes an insight into the case law of the European Court of Human Rights on discrimination with respect both To The main principles which guide its implementation and To The specific solutions which the Court has adopted in relation to discrimination. Other questions examined include the scope of the prohibition of discrimination (to what does it apply?), The question of the content of such a prohibition (what precise obligations does it imply?), and last, The question of a judicial review (how does the Court assess compliance with it?).The "Human rights files" series is aimed at specialists in European law: lawyers, practitioners and research students. it also constitutes a useful resource For The implementation of the European Convention on Human Rights in the signatory states.

Download or read book The Prohibition of Discrimination Under European Human Rights Law written by Olivier De Schutter and published by . This book was released on 2005 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Right to Equality in European Human Rights Law written by Charilaos Nikolaidis and published by Routledge. This book was released on 2014-07-25 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.

Download or read book European Human Rights Law written by Mark W. Janis and published by . This book was released on 2008 with total page 1015 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of European Human Rights Law: Text and Materials has been substantially expanded to provide a complete review of the wide range of rights the Convention protects, with new chapters on the right to life, property, discrimination, religious freedom, and education. The book introduces both the process and the substance of this increasingly important area of European law. A broad selection of extracts from essential cases and materials is accompanied by stimulating commentary that guides the reader through the legal rules and court system that have evolved in Strasbourg, how the court works, and how European human rights law is enforced both at the national and international level. European human rights law is also placed into a useful comparative framework alongside human rights cases decided by courts in the United States, Canada, and elsewhere. This third edition has been extensively updated to cover the major developments of recent years, including the reform of the European Court of Human Rights and the expansion of the system to central and eastern Europe.

Download or read book Contemporary Issues in Human Rights Law written by Yumiko Nakanishi and published by Springer. This book was released on 2017-10-05 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is published open access under a CC BY-NC-ND 4.0 license. This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another. The various chapters cover general fundamental rights and human rights issues in Europe and Asia as well as specific topics regarding the principles of nondiscrimination, women’s rights, the right to freedom of speech in Japan, and China’s Development Banks in Asia. Protection of human rights should be guaranteed in the international community, and research based on a comparative law approach is useful for the protection of human rights at a higher level. As the product of academic cooperation between ten professors of Japanese, Taiwanese, German, Italian, and Belgian nationalities, this work responds to such needs.

Download or read book The Right to Equality in European Human Rights Law written by Charilaos Nikolaidis and published by Routledge. This book was released on 2014-07-25 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.

Download or read book European Union Non Discrimination Law written by Dagmar Schiek and published by Routledge. This book was released on 2009-06-02 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU equality law is multidimensional in being based on different rationales and concepts. Consequently, the concept of discrimination has become fragmented, with different instruments envisaging different scopes of protection. This raises questions as to the ability of EU law to address the situation of persons excluded on a number of grounds. This edited collection addresses the increasing complexity of European Equality Law from jurisprudential, sociological and political science perspectives. Internationally renowned researchers from Scandinavian, Continental and Central European countries and Britain analyse consequences of multiplying discrimination grounds within EU equality law, considering its multidimensionality and intersectionality. The contributors to the volume theorise the move from formal to substantive equality law and its interrelation to new forms of governance, demonstrating the specific combination of non-discrimination law with welfare state models which reveal the global implications of the European Union. The book will be of interest to academics and policy makers all over the world, in particular to those researching and studying law, political sciences and sociology with an interest in human rights, non discrimination law, contract and employment law or European studies.

Download or read book Handbook on European Non discrimination Law written by and published by . This book was released on 2018 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides an overview of key aspects of non-discrimination law in Europe, with specific reference to the prohibition of discrimination provided in the Council of Europe’s European Convention on Human Rights (ECHR), as interpreted by the European Court of Human Rights (ECtHR), and the law of the European Union, as interpreted by the Court of Justice of the European Union (CJEU). The handbook acknowledges that the principle of non-discrimination is very important because it influences the enjoyment of all other human rights. The aim of non-discrimination law is to allow all individuals an equal and fair prospect to access opportunities available in a society. The handbook is designed to assist legal practitioners who are not specialised in the field of non-discrimination law, serving as an introduction to key issues involved. It is intended for lawyers, judges, prosecutors, social workers, as well as for persons who work with national authorities, non-governmental organisations (NGOs) and other bodies that deal with legal questions relating to issues of discrimination. The handbook may also be useful for legal research or public advocacy purposes. It is designed to permit practitioners to refer directly to specific sections/topics as required; it is not necessary to read the handbook as a whole. European non-discrimination law, as constituted in particular by the EU non-discrimination directives, and Article 14 of and Protocol 12 to the European Convention on Human Rights, prohibits discrimination across a range of contexts and grounds. This handbook examines European nondiscrimination law stemming from these two sources as complementary systems, drawing on them interchangeably to the extent that they overlap, while highlighting differences where these exist. It also contains references to other Council of Europe instruments, in particular the European Social Charter, as well as to relevant United Nations instruments. With the impressive body of case law by the European Court of Human Rights and the Court of Justice of the European Union in the non-discrimination field, it seems useful to present, in an accessible way, a handbook intended for legal practitioners - such as judges, prosecutors and lawyers, as well as lawenforcement officers - in the EU and Council of Europe member states and beyond.

Download or read book The European Union as Protector and Promoter of Equality written by Thomas Giegerich and published by Springer Nature. This book was released on 2020-07-06 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles.

Download or read book The European Convention on Human Rights written by Loukis Loucaides and published by BRILL. This book was released on 2007-09-30 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume comprises thirteen articles each written to provide an exposition and analysis of a specific topic drawn from the European Convention on Human Rights. Many of these topics are either explored for the first time or from a novel perspective. All the topics are examined and presented from a critical standpoint and some important judgments of the European Court of Human Rights are taken to task. Some of the essays have been previously published in a variety of legal periodicals, and have been reproduced in this volume in order to make them more widely accessible.

Download or read book Non discrimination written by Council of Europe and published by Council of Europe. This book was released on 2006-01-01 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication sets out the proceedings of a Council of Europe seminar held in Strasbourg in October 2005 to mark the entry into force of Protocol no. 12 to the European Convention on Human Rights. The seminar was organised to examine the challenges to the effective application of this Protocol which sets out a general prohibition of discrimination based on the equal dignity of all human beings, with the aim of promoting further ratifications by Council of Europe member states. Contributors to the seminar included government officials, European Court of Human Rights judges, members of the European Commission against Racism and Intolerance and of the European Committee of Social Rights, academic experts and NGO representatives.

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 Equal in Law Unequal in Fact written by Timo Makkonen and published by Martinus Nijhoff Publishers. This book was released on 2012-01-06 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: An intriguing paradox characterises international and European action against discrimination. On the one hand, equality and the right to non-discrimination are key human rights and protected by an impressive line of legal documents. On the other hand, empirical studies show that discrimination is still rampant today. This book maps the gap between the rights and the reality, and examines the causes, consequences and extent of discrimination in Europe today as well as the international and European legal response to it. On the basis of this analysis, the study explains why anti-discrimination law fails to deliver, and what can be done about it. The result is of interest to scholars, students, civil society, politicians and anyone interested in equality and making it a reality.

Download or read book Discrimination at Work written by Marie Mercat-Bruns and published by Univ of California Press. This book was released on 2016-02-22 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consists of interviews with American professors.

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 EU Anti Discrimination Law Beyond Gender written by Uladzislau Belavusau and published by Bloomsbury Publishing. This book was released on 2018-11-15 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five 'newer' grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union's 'Garden of Earthly Delights', it offers one of the highest standards of protection in comparative anti-discrimination law.

Download or read book Equality and Non Discrimination under the European Convention on Human Rights written by Oddný Mjöll Arnadóttir and published by BRILL. This book was released on 2021-10-18 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The case-law of the European Court of Human Rights on discrimination under the Convention is typically considered to be unclear and conflicting. Against that background, new possibilities for more effective protection against discrimination are opening up through recent developments in the case-law on Article 14 and with the advent of the new Protocol 12 to the Convention. This study demonstrates that the 'objective and reasonable justification' test and convenional treatment of non-discrimination are not apt for dealing with these emerging new possibilities or for explaining the variations in existing case-law. It therefore suggests a new approach to dealing with protection against discrimination under the Convention, developed by focusing on variations in the strictness of objective justification review. This study proposes a more viable framework for understanding discrimination analysis under the Convention which includes an alternative interpretation of the burden of proof under Article 14 and a three-tiered model of factors that influences the strictness of review.