Author: Claire Fenton-Glynn Publisher: Oxford University Press, USA ISBN: 0198787510 Category : Law Languages : en Pages : 465
Book Description
This book provides a comprehensive overview of the jurisprudence of the European Court of Human Rights as it relates to children. It includes detailed analysis of the Court's key decisions on children's rights, highlighting its achievements as well as offering informed critique of its ongoing weaknesses.
Author: Ursula Kilkelly Publisher: Taylor & Francis ISBN: 1317038622 Category : Law Languages : en Pages : 368
Book Description
The European Convention on Human Rights is the most successful system for the enforcement of human rights in the world. However, to date its full potential for protecting children’s rights has not been explored as attention has focused on the UN Convention on the Rights of the Child. This unique book provides the first analysis of the extensive case law of the Commission and the Court of Human Rights on all issues concerning children and their rights. This study is important as a study of the regional protection of children’s rights and, moreover, the case law itself can be directly applied in the legal system of nearly every European country, including the UK. The book includes chapters on the rights of the child under the European Convention on Human Rights in relation to education, protection from abuse, the right to identity, child care, juvenile justice, health care and immigration and the family. It also explores the potential of the Strasbourg mechanism for the protection of children’s rights and thus provides a practical and vital guide to the study and use of the European Convention in the broad area of children’s rights.
Author: Geraldine Van Bueren Publisher: Council of Europe ISBN: 9789287162694 Category : Social Science Languages : en Pages : 214
Book Description
This volume analyzes the effectiveness of the judicial protection of children's rights within the Council of Europe. The extent to which common standards have been developed by the courts in implementing children's rights is examined both from the perspective of the European Court of Human Rights and the judgments of the highest national courts within the member states of the Council of Europe. Further analysis is made of the Council of Europe's Social Charter and the reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.--Publisher's description
Author: Council of Europe Publisher: Council of Europe ISBN: 9789287165336 Category : Law Languages : en Pages : 164
Book Description
Children's rights have gained greater global visibility through the almost universal ratification of the United Nations Convention on the Rights of the Child. Treaty bodies for other international and regional instruments, which cover the rights of "everyone", including children, are giving increasing attention to children's rights. In the same vein, human rights mechanisms, including regional ones such as the European Court of Human Rights, the European Committee of Social Rights and the Inter-American Commission and Court, have become more sensitive to children's rights. With this increasing visibility comes the recognition that children in every country of the world suffer widespread and often severe breaches of the full range of their rights - civil, political, economic, social and cultural. In many cases, children do not have adequate or realistic remedies for breaches of their rights at national level. Seeking remedy through international and regional human rights mechanisms, though on the increase, is not well-developed. International justice for children discusses the principles of child-friendly justice at international level and examines monitoring mechanisms and current systems of admissibility, determining how easy or difficult it is for children to gain access to them. This publication also identifies the obstacles to be overcome and proposes concrete ways to remove them through specific recommendations to governments, international organizations and monitoring bodies.--Publisher's description.
Author: Charlotte Mol Publisher: European Family Law ISBN: 9781839702556 Category : Languages : en Pages : 0
Book Description
In family law proceedings, such as divorce, children are afforded the right to express their views and these must be considered seriously during the deliberation by the decision-maker. This book examines the international and European human rights frameworks through the lens of the child's right to participate.
Author: Mark Ensalaco Publisher: Rowman & Littlefield ISBN: 9780742529885 Category : Law Languages : en Pages : 290
Book Description
Childrens human rights are regularly violated around the world. Child soldiers, child slavery, and child prostitution are some of the more graphic examples this books deals with, but hungry, sick, and orphaned children are equally at risk and more prevalent. In the United States, children suffer similar abuses, but some are unique to the United States justice system. Unlike most of the rest of the world, the U.S. is a well-developed western nation in which juvenile offenders can be tried as adults and subjected to capital punishment. This book brings together a wide array of original essays from a variety of academic and practitioner perspectives on human rights and the status of children. The details are disturbing the message, powerful We must vigorously extend the universal declaration of human rights to the most vulnerable humans of all--the children of the world, starting at home in the United States.
Author: Sonja C. Grover Publisher: Springer Science & Business Media ISBN: 3642107990 Category : Law Languages : en Pages : 317
Book Description
Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition...The Court’s role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this “inevitable element of judicial interpretation” has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.
Author: P. Rothermel Publisher: Springer ISBN: 1137446854 Category : Education Languages : en Pages : 333
Book Description
This collection brings together the research of an eclectic mix of leading names in home-based education studies worldwide. It uses home education to explore contemporary education outside of school and place it into a global, political and critical context, and will be essential reading for home educators, academics and policymakers alike.
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.
Author: Kerry O'Halloran Publisher: Taylor & Francis ISBN: 1040009247 Category : Law Languages : en Pages : 219
Book Description
This book continues the themes addressed by its five predecessors in this series by examining the role of the principle of the welfare interests of the child as addressed in international legislation and by international courts. It provides a record of the key cases in the development of the principle as articulated primarily by the European Court of Human Rights (ECtHR) and complemented by rulings of the Court of Justice of the European Union (CJEU), and the United Nations Committee on the Rights of the Child (UN CRC). It identifies and assesses themes arising from the many decades of ECtHR cases dealing with issues affecting the welfare interests and rights of children as referred to the Court from the 46 Member States that comprise the Council of Europe. By differentiating between the functions of the welfare principle and those of children’s rights – in the public (care, protection, and control), in the private (matrimonial, adoption, etc.), and in the hybrid (adoption from state care, etc.) sectors of family law – it reveals how the law relating to children is changing across Europe. By examining the international framework of legislation and related caselaw it identifies and assesses the themes in that law as they have unfolded over time. In addition to a digest of international cases and legislation – that identifies and tracks the role of the welfare principle and the emerging rights of children – lawyers, academics, and other researchers will find a wealth of information on how the law has evolved to reflect corresponding changes in social mores. For those interested in politics and social policy, there is much illuminating evidence on how the law has balanced this principle relative to others – such as proportionality and subsidiarity – within both civil and criminal contexts.
Author: Claire Fenton-Glynn
Author: Ursula Kilkelly
Author: Geraldine Van Bueren
Author: Council of Europe
Author: Charlotte Mol
Author: Mark Ensalaco
Author: Sonja C. Grover
Author: P. Rothermel
Author: Bychawska-Siniarska, Dominika
Author: Kerry O'Halloran