Author: Antoine Buyse Publisher: Cambridge University Press ISBN: 1139501119 Category : Law Languages : en Pages : 331
Book Description
The European Convention on Human Rights has been a standard-setting text for transitions to peace and democracy in states throughout Europe. This book analyses the content, role and effects of the jurisprudence of the European Court relating to societies in transition. It features a wide range of transitional challenges, from killings by security forces in Northern Ireland to property restitution in East Central Europe, and from political upheaval in the Balkans to the position of religious minorities and Roma. Has the European Court developed a specific transitional jurisprudence? How do politics affect the ways in which the Court's judgments are implemented? Does the Court's case-law itself become woven into narratives of struggle in transitional societies? This book seeks to answer these questions by highlighting the unique role of Europe's main guardian of human rights, the Court in Strasbourg. It includes a comparison with the Inter-American and African human rights systems.
Author: Antoine Buyse Publisher: Cambridge University Press ISBN: 9781107003019 Category : Law Languages : en Pages : 330
Book Description
The European Convention on Human Rights has been a standard-setting text for transitions to peace and democracy in states throughout Europe. This book analyses the content, role and effects of the jurisprudence of the European Court relating to societies in transition. It features a wide range of transitional challenges, from killings by security forces in Northern Ireland to property restitution in East Central Europe, and from political upheaval in the Balkans to the position of religious minorities and Roma. Has the European Court developed a specific transitional jurisprudence? How do politics affect the ways in which the Court's judgments are implemented? Does the Court's case-law itself become woven into narratives of struggle in transitional societies? This book seeks to answer these questions by highlighting the unique role of Europe's main guardian of human rights, the Court in Strasbourg. It includes a comparison with the Inter-American and African human rights systems.
Author: James A. Sweeney Publisher: Routledge ISBN: 1136159428 Category : Law Languages : en Pages : 290
Book Description
The European Court of Human Rights in the Post-Cold War Era: Universality in Transition examines transitional justice from the perspective of its impact on the universality of human rights, taking the jurisprudence of the European Court of Human Rights as its detailed case study. The problem is twofold: there are questions about differences in human rights standards between transitional and non-transitional situations, and about differences between transitions. The European Court has been a vital part of European democratic consolidation and integration for over half a century, setting meaningful standards and offering legal remedies to the individually repressed, the politically vulnerable, and the socially excluded. After their emancipation from Soviet influence in the 1990s, and with membership of the European Union in mind for many, the new democracies of Central and Eastern Europe flocked to the Convention system. The voluminous jurisprudence of the European Court of Human Rights can now give us some clear information about how an international human rights law regime can interact with transitional justice. The jurisprudence is divided between those cases concerning the human rights implications of explicitly transitional policies (such as lustration), and those that involve impacts upon specific democratic rights during the transition. The book presents a close examination of claims by states that transitional policies and priorities require a level of deference from the Strasbourg institutions. The book proposes that states’ claims for leeway from international human rights supervisory mechanisms during times of transition can be characterised not as arguments for cultural relativism, but for ‘transitional relativism’.
Author: Fionnuala D. Ni Aolain Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
International law recognizes and accommodates the fact that in times of political, economic or social crisis the state may be required to limit the extent of protection resulting from consentingly entered into treaty obligations to protect individual rights. The derogation provisions of the international human rights instruments including Article 15 of the European Convention contain the politically and legally mandated processes whereby states can suspend their international obligations protecting individual rights in time of emergency or crisis. Given that the Council of Europe (and the Convention as its primary legal instrument) was born out of a massive transition from war to peace on the European continent, transition can been viewed as a motif for the early history of the Convention, and represents a tool used to institutionalize new values. In this sense the Convention itself constitutes a response to the devastating human rights violations of the Second World War, and can be understood as a transitional legal instrument. With that background in mind, this essay explores the extent to which an extensive jurisprudence of emergency powers in the European system contains recognition of, or interfaces with the thematic and structural aspects of transitional justice discourse. In one sense, the resort to the exceptional state of emergency constitutes a transition in itself, a move from norm to exception. In this broader conceptual framework, the European Court of Human Rights has recognized the significance of the move involved - and, at least in theory the aberrational nature of the shift is affirmed through judicial language emphasizing temporality, exception and the need to revert to a status quo ante. This essay explores the extent to which a broad notion of transition (a move “from” and “to”) can be adduced from the Court's jurisprudence on exceptionality. The analysis then moves to assess the more common frame of reference for transitional justice, namely its overlap with the shift from either repressive or authoritarian forms of governance and/or the move from violence to peaceful co-existence in societies that have experienced political violence or armed conflict within the definitions of international humanitarian law. Here the essay examines how transitional sites have a high degree of overlap with states of emergency, both during the period leading up to transition, and throughout the transitional political process itself. In this context, transitions and emergency often cohabit in legal and political space, though this essay argues that the cohabitation and its implications are frequently ignored. In this there is a silo effect in play the effects of which this essay explores at some length. I further examine how the legal norms regulating armed conflict have been utilized (or not) by the European Court of Human Rights, linking the limits of transitional jurisprudence in conflicted societies to this dearth of analysis. The discussion explores the specific case study of Northern Ireland and the way in which despite an agreed peace treaty and transition derogation continues to play a role in the legal life of the transitioning state. In doing so, I articulate concerns about the extent to which the need for rule of law reform and confidence building in the transitional phase can be undercut by continuing resort to exceptionality through derogation.
Author: Natasha Stamenkovikj Publisher: BRILL ISBN: 9004439471 Category : Law Languages : en Pages : 413
Book Description
Dr. Natasha Stamenkovikj offers a comprehensive account of the right to the truth as a right in international law and an element in delivering justice though European governance.
Author: Laurens Lavrysen Publisher: Bloomsbury Publishing ISBN: 1509937889 Category : Law Languages : en Pages : 465
Book Description
Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.
Author: Gerhard Werle Publisher: Springer Nature ISBN: 3662651513 Category : Law Languages : en Pages : 160
Book Description
The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).
Author: Giorgio Repetto Publisher: Intersentia Uitgevers N V ISBN: 9781780681184 Category : Law Languages : en Pages : 251
Book Description
In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.
Author: Antoine Buyse
Author: Antoine Buyse
Author: Fionnuala Ní Aoláin
Author: James A. Sweeney
Author: Fionnuala D. Ni Aolain
Author: Natasha Stamenkovikj
Author: Laurens Lavrysen
Author: Gerhard Werle
Author: Iulia Motoc
Author: Giorgio Repetto