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Author: Publisher: ISBN: Category : Languages : en Pages : 317
Book Description
In 'Proving Discriminatory Violence at the European Court of Human Rights' Jasmina Mackic unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court's application of the standard of proof 'beyond reasonable doubt' and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence
Author: Jasmina Mačkić Publisher: BRILL ISBN: 9004359850 Category : Law Languages : en Pages : 325
Book Description
In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić explores the engagement of a fundamental European institution with the phenomenon of discriminatory violence, namely, the European Court of Human Rights.
Author: Publisher: ISBN: Category : Languages : en Pages : 317
Book Description
In 'Proving Discriminatory Violence at the European Court of Human Rights' Jasmina Mackic unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court's application of the standard of proof 'beyond reasonable doubt' and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence
Author: Lisa McIntosh Sundstrom Publisher: Oxford University Press ISBN: 0190932856 Category : Law Languages : en Pages : 352
Book Description
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.
Author: Frédéric Edel Publisher: Council of Europe ISBN: 9789287168177 Category : Political Science Languages : en Pages : 156
Book Description
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.
Author: Carla M. Buckley Publisher: Council of Europe ISBN: 9287191913 Category : Political Science Languages : en Pages : 408
Book Description
An indispensable guide for university students, government officials and legal practitioners alike. The European Convention on Human Rights – Principles and law is the essential handbook for university students, government officials, lawyers and human rights advocates seeking a comprehensive and concise account of the case law generated under the European Convention on Human Rights. Written by experts on the Convention, it: • cites nearly 1 500 cases, providing links to each case in the HUDOC database; • identifies key challenges and current legal developments; • provides suggestions for further reading on contentious issues; • is a companion text to Council of Europe’s book The individual application under the European Convention on Human Rights – Procedural guide by Linos-Alexandre Sicilianos and Maria-Andriani Kostopoulou.
Author: Janneke Gerards Publisher: Cambridge University Press ISBN: 1009255746 Category : Political Science Languages : en Pages : 577
Book Description
In Europe, fundamental rights have come to be regulated by an increasing number of legal instruments, such as the European Convention on Human Rights (ECHR), the EU Charter of Fundamental Rights, and international treaties. It is not always easy to understand what requirements are set in these different instruments and how they interrelate. This textbook therefore provides an integrated and systematic overview of the requirements imposed by international and European fundamental rights law. It discusses a range of both civil/political fundamental rights (eg freedom of expression) and social/economic rights (eg right to health), for each of which it is discussed how it is protected by the ECHR, by other Council of Europe instruments, by EU law, and by international treaty instruments. Each chapter is concluded with an integration section, which explains the relations between the different systems of fundamental rights protection and discuss differences, overlap and bottlenecks.
Author: Bychawska-Siniarska, Dominika Publisher: Council of Europe ISBN: Category : Political Science Languages : en Pages : 124
Book Description
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.
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Author: Jasmina Mačkić
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Author: Lisa McIntosh Sundstrom
Author: Frédéric Edel
Author: Carla M. Buckley
Author: Marie Mercat-Bruns
Author: Janneke Gerards
Author: Bychawska-Siniarska, Dominika
Author: Janneke Gerards