Download or read book When Human Rights Clash at the European Court of Human Rights written by Stijn Smet and published by Oxford University Press. This book was released on 2017-07-21 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of conflict rests at the heart of the judicial function. Judges are routinely asked to resolve disputes and defuse tensions. Yet, when judges are called upon to adjudicate a purported conflict between human rights, they face particular challenges and must address specific questions. Some of these concern the very existence of human rights conflicts. Can human rights really conflict with one another, in terms of mutual incompatibility? Or should human rights be interpreted in harmony with one another? Other questions concern the resolution of real conflicts. To the extent that human rights do conflict, how should these conflicts be resolved? To what extent is balancing desirable? And if it is desirable, which understanding of balancing should judges employ? This book seeks to provide both theoretical and practical answers to these questions. When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? debates both the existence and resolution of human rights conflicts, in the specific context of the case law of the European Court of Human Rights. The contributors put forth principled and pragmatic arguments and propose theoretical as well as practical approaches, whilst firmly embedding their proposals in the case law of the European Court. Doing so, this book provides concrete ways forward in the ongoing debate on conflicts of rights at Europe's human rights court.
Download or read book The European Court of Human Rights and its Discontents written by Spyridon Flogaitis and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.
Download or read book The European Court of Human Rights written by Helmut P. Aust and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Download or read book Just Satisfaction under the European Convention on Human Rights written by Octavian Ichim and published by Cambridge University Press. This book was released on 2015 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most comprehensive account on the question of reparation before a human rights court.
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 The European Court of Human Rights in Facts and Figures written by and published by Council of Europe. This book was released on 2010 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: The importance of the European Court of Human Rights in the European judicial area and its influence beyond Europe's borders are indisputable. For over fifty years the Court's rulings have resulted in numerous changes to legislation and have helped strengthen the rule of law in the countries of wider Europe. This publication presents the Court's activities through country factsheets but also using a thematic approach based on the articles of the European Convention on Human Rights.
Download or read book The European Court of Human Rights Between Law and Politics written by Jonas Christoffersen and published by Oxford University Press. This book was released on 2011-06-09 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars and practitioners cast new light on the substantial jurisprudence and ongoing political reform of the European Court of Human Rights. The analysis in this edited collection traces the development of the supranational European human rights system and provides original insights into the challenges facing the Court.
Download or read book Judgments of the European Court of Human Rights Effects and Implementation written by Anja Seibert-Fohr and published by Routledge. This book was released on 2017-05-15 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume deals with the domestic effects of judgments of the European Court of Human Rights as a challenge to the various levels of legal orders in Europe. The starting point is the divergent impact of the ECtHR’s jurisdiction within the Convention States. The volume seeks new methods of orientation at the various legal levels, given the fact that the Strasbourg case law is increasingly important for most areas of society. Topical tendencies in the case law of the Court are highlighted and discussed against the background of the principle of subsidiarity. The book includes a detailed analysis of the scope, reach, consequences and implementation of the Court’s judgments and of the issue of concomitant damages. At the same time the volume deals with the role of domestic jurisdictions in implementing the ECtHR’s judgments. Distinguished Judges, legal academics and practitioners from various Council of Europe States are among the contributors to this volume, which succeeds in bringing divergent points of view into the discussion and in developing strategies for conflict resolution.
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 The European Court of Human Rights and the Freedom of Religion or Belief written by Jeroen Temperman and published by BRILL. This book was released on 2019-01-04 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analyis of the Court's first twenty-five years of jurisprudence on one of the most hotly contested areas of human rights.
Download or read book Human Rights Law in Europe written by Kanstantsin Dzehtsiarou and published by Routledge. This book was released on 2014-03-21 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.
Download or read book An introduction to the European Convention on Human Rights written by Martyn Bond and published by Council of Europe. This book was released on 2018-10-01 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Respect for human rights lies at the heart of what it means to be European" (Martyn Bond) The right to life, prohibition of torture, freedom of thought, conscience and religion, freedom of expression, the right to marriage... Did you know that these rights and many others are protected by the European Convention on Human Rights? The author of this book illustrates each of these rights in a simple and clear way, using specific examples. He also sets the action of the European Court of Human Rights in the wider context ofCouncil of Europe activities pursuing the same ideals. Martyn Bond is a journalist who has reported from London, Brussels, Strasbourg and Berlin. He is also a former European civil servant. Over the past half century he has witnessed and reported on many of the events that have shocked or amused, delighted or disturbed European readers, listeners and viewers. He firmly believes that respect for human rights lies at the heart of what it means to be European.
Download or read book Shaping Rights in the ECHR written by Eva Brems and published by Cambridge University Press. This book was released on 2014-01-23 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.
Download or read book Conflicts Between Fundamental Rights written by Eva Brems and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every human rights lawyer, at some point or other, comes across an issue of conflicting human rights. Yet there is surprisingly little literature on this issue; especially if one wants to examine the matter at a general level, above specific conflicts such as those between freedom of expression and the right to non-discrimination, or between religious freedom and women's rights. The international conference on conflicts between fundamental rights, which took place in Ghent (Belgium) in December 2006, brought together a diverse group of human rights scholars who reflected on this issue from different angles. The papers in this volume are selected from among those that were presented at the conference. The issue of conflicting rights is examined in both domestic and international human rights law, and deals with many different types of human rights, including economic and social rights. Some are empirical, describing and analyzing how courts and legislators deal with these issues. Others adopt a normative approach, establishing criteria that may guide future judges and lawmakers confronted with conflicts between fundamental rights.
Download or read book Can the European Court of Human Rights Shape European Public Order written by Kanstantsin Dzehtsiarou and published by Cambridge University Press. This book was released on 2021-12-02 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive analysis of the concept of European Public Order as deployed by the European Court of Human Rights.
Download or read book The European Court of Human Rights and the Rights of Marginalised Individuals and Minorities in National Context written by Dia Anagnostou and published by BRILL. This book was released on 2010 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the effects of Strasbourg Court jurisprudence for protecting the rights of marginalised individuals and minorities. It argues that its consequences vary depending upon the diverse social, legal and institutional context that shapes litigation and judicial approaches in each country.
Download or read book The UK and European Human Rights written by and published by . This book was released on 2015 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The UK's engagement with the legal protection of human rights at a European level has been, at varying stages, pioneering, sceptical and antagonistic. The UK government, media and public opinion have all at times expressed concerns about the growing influence of European human rights law, particularly in the controversial contexts of prisoner voting and deportation of suspected terrorists as well as in the context of British military action abroad. British politicians and judges have also, however, played important roles in drafting, implementing and interpreting the European Convention on Human Rights. Its incorporation into domestic law in the Human Rights Act 1998 intensified the ongoing debate about the UK's international and regional human rights commitments. Furthermore, the increasing importance of the European Union in the human rights sphere has added another layer to the relationship and highlights the complex relationship(s) between the UK government, the Westminster Parliament and judges in the UK, Strasbourg and Luxembourg. The book analyses the topical and contentious issue of the relationship between the UK and the European systems for the protection of human rights from doctrinal, contextual and comparative perspectives and explores factors that influence the relationship of the UK and European human rights."--Bloomsbury Publishing.
