Download or read book Thoughts on Article 15 of the European Convention on Human Rights written by Peter Kempees and published by Wolf Legal Publishers. This book was released on 2017-02-01 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 15 of the European Convention on Human Rights allows States, in time of "war or other public emergency threatening the life of the nation", to take measures derogating from their obligations to protect human rights. This brief monograph by a member of the Registry of the European Court of Human Rights offers a personal view on the possibilities of derogation in practice. Its aim is to inform discussion on the relevance today of Article 15 as part of the Convention system. Its main focus is on armed conflict both international and non-international and on terrorism. It makes proposals to breathe new life into Article 15.
Download or read book Courting Gender Justice written by Lisa McIntosh Sundstrom and published by Oxford University Press. This book was released on 2019-02-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.
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 The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The European Convention for the Protection of Human Rights written by Mireille Delmas-Marty and published by BRILL. This book was released on 2021-10-25 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reason of State plays an important role under the European Convention for the Protection of Human Rights and Fundamental Freedoms. Not only does Article 15 authorize States to take measures derogating from their obligations under the Convention `in time of war or other public emergency, threatening the life of the nation'; most of the rights and liberties defined in the Convention are subject to escape clauses as well. This book demonstrates first that the `system' of the Convention is much more ambiguous than could have been expected. Secondly, it shows, on the basis of study carried out in most of the Member States of the Council of Europe, that a certain resistance exists to the Convention. Neither the ambiguity of the European system, nor the resistance of States to the system must be overlooked. These should not, however, conceal the dynamics of the Europe/States relationship which could well lead to a more `reasoned' conception of the reason of State. Has a `Europe of human rights' begun to develop through the complex interplay of national and European norms? This is the question raised in this fascinating book. Mireille Delmas-Marty is professor of Law at the Université de Paris 1 (Panthéon -- Sorbonne) and Director of the Section de Sciences Criminelles of the Institute of Comparative Law in Paris.
Download or read book Essays on the Developing Law of Human Rights written by Loukis Loucaides and published by BRILL. This book was released on 2021-09-27 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers the reader an exposition and critical analysis of certain human rights, such as the right to information and to personality. Some human rights issues of legal and also of political significance, including the protection of human rights pending the settlement of related political issues, are also examined. There is an emphasis on novel or debatable aspects which have hitherto been insufficiently explored, such as the scope of civil servants' freedom of speech, the expulsion of settlers from occupied territories, and whether the test of state responsibility for violations of human rights is objective or subjective. Most of the topics are examined in the context of the European Convention on Human Rights and, where relevant, reference is made to U.S. Supreme Court case law and international law. The book is intended for lawyers having a special interest in human rights.
Download or read book A Commentary on the United Nations Convention on the Rights of the Child Article 15 The Right to Freedom of Association and to Freedom of Peaceful Assembly written by Aoife Daly and published by BRILL. This book was released on 2016-04-08 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this commentary, Aoife Daly provides analysis of Article 15 of the UN Convention on the Rights of the Child – the right of children to freedom of association and assembly. Relevant international law text and case law are examined, but this commenary goes beyond this to reconceptualise Article 15. The right is applied to themes as varied as association with family and friends, political demonstrations, and the unionisation of working children, with the special position of children to the forefront of the analysis. Possibilities for progressing the right through UN mechanisms, courts and other arenas are considered. In doing so, this book pushes traditional boundaries to and understandings of association and assembly, drawing-out particularly child-specific elements of this crucial right.
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 Human Rights in Europe written by Arthur Henry Robertson and published by . This book was released on 1993 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour.
Download or read book Law of the European Convention on Human Rights written by David John Harris and published by . This book was released on 2009 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1) The European Convention on Human rights in context. 2) Article 2: The right to life. 3) Article 3: Freedom from torture or inhuman or degrading treatment or punishment. 4) Article 4: Freedom from slavery, servitude or forced or compulsory labour. 5) Article 5: The right to liberty and security of the person. 6) Article 6: The right to a fair trial. 7) Article 7: Freedom from retroactive criminal offences and punishment. 8) Articles 8-11: General considerations. 9) Article 8: The right to respect for private and family life, home and correspondence. 10) Article 9: Freedom of religion. 11) Article 10: Freedom of expression. 12) Article 11: Freedom of assembly and association. 13) Article 12: The right to marry and found a family. 14) Article 13: The right to an effective national remedy. 15) Article 14: (Freedom from discrimination in respect of protected convention rights) and protocol twelve (non-discrimination in respect of "any right set forth by law"). 16) Article 15: Derogation in time of war or other public emergency threatening the life of the nation. 17) Articles 16-18: Other restrictions upon the rights protected. 18) Article 1, first protocol: The right to property. 19) Article 2, first protocol: The right to education. 20) Article 3, first protocol: The right to free elections. 21) Rights protected by the fourth, sixth, seventh and thirteenth protocols to the convention. 22) Admissibility of application. 23) The European Court of Human Rights : organisation, practice and procedure. 24) The execution fo the Court's judgments.
Download or read book Derogations Under Article 15 of the European Convention on Human Rights written by Ronald St. J. Macdonald and published by . This book was released on 1997* with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hard Power and the European Convention on Human Rights written by Peter Kempees and published by International Studies in Human. This book was released on 2020-11-19 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights is now crucial to decisions to be taken by the military and their political leaders in 'hard power' situations - that is, classical international and non-international armed conflict, belligerent occupation, peacekeeping and peace-enforcing and anti-terrorism and anti-piracy operations, but also hybrid warfare, cyber-attack and targeted assassination. Guidance is needed, therefore, on how Convention law relates to these decisions.0That guidance is precisely what this book aims to offer. It focuses primarily on States' accountability under the Convention, but also shows that human rights law, used creatively, can actually help States achieve their objectives.
Download or read book Hard Power and the European Convention on Human Rights written by Peter Kempees and published by BRILL. This book was released on 2020-11-16 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the law of the European Convention on Human Rights as relevant to the exercise of ‘hard power’, which expression includes armed conflict, belligerent occupation, peacekeeping and peace-enforcing, anti-terrorism and anti-piracy operations, hybrid warfare, cyber-attack and targeted assassination.
Download or read book The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence written by Howard Charles Yourow and published by BRILL. This book was released on 2021-09-27 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence is the first full-length monograph to treat this subject, which is of central importance to the interpretation and application of the European Convention on Human Rights. It will enrich the understanding and appreciation of judges, advocates, civil servants, scholars, researchers, students, and indeed of anyone whose life and work is affected by national and international human rights adjudication. This thorough and learned analysis synthesizes the work of the Strasbourg judicial organs, proceeding in the light of the ongoing debates on the appropriate place of the margin doctrine in the Strasbourg jurisprudence. The author's rich conclusions add texture and perspective to the future judicial and scholarly dialogues which will no doubt continue to surround this subject matter. The text is eminently readable, written in a clear and precise style to be appreciated by the novice and specialist alike. The newcomer to human rights and to the Convention will find it an inviting introduction to complex material; the expert will gain new and expanded insights into the development of the case law rarely to be found in this breadth and depth.
Download or read book Les exceptions aux articles 8 11 de la Convention europ enne des droits de l homme written by Steven C. Greer and published by Council of Europe. This book was released on 1997-01-01 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: B. Table of cases
Download or read book Counter Terrorism written by Ana María Salinas de Frías and published by Oxford University Press. This book was released on 2012-01-19 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.
Download or read book Introduction to the European Convention on Human Rights written by Jean-François Renucci and published by Council of Europe. This book was released on 2005-01-01 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.
