Author: Gauthier De Beco Publisher: Routledge ISBN: 0415581621 Category : Law Languages : en Pages : 266
Book Description
This book explores the human rights monitoring mechanisms of the Council of Europe: the Commissioner for Human Rights, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the European Committee of Social Rights, the Advisory Committee on the Framework Convention for the Protection of National Minorities, the Committee of Experts of the European Charter for Regional or Minority Languages, the European Commission against Racism and Intolerance. The book will look at each mechanism in turn and consider a number of issues including: at the role and procedures; its effectiveness in terms of monitoring ands ensuring its findings are implemented; its level of cooperation with other international actors including other organs of the Council of Europe, UN and EU bodies, NGOs and national human rights institutions and ombudsmen; its relationship with the European Court of Human Rights; and whether human rights indicators would be useful in improving its monitoring. Each chapter will be written by an expert in the field. The introduction to the volume will outline the common features and purposes of these mechanisms as well as key questions to be addressed in the following chapters, while the conclusion will provide an evaluation of their effectiveness and consider future perspectives.
Author: Lukas, Karin Publisher: Edward Elgar Publishing ISBN: 1789903645 Category : Law Languages : en Pages : 393
Book Description
This detailed Commentary explores the boundaries of social rights at a European level through analysis of the Revised European Social Charter (RESC), the most comprehensive regional document on social rights. The Commentary considers the treaty as the counterpart of the European Convention on Human Rights, examining how it sets out fundamental rights in the social field. It focuses primarily on the rich jurisprudence developed by the Charter’s monitoring body, the European Committee of Social Rights (ECSR).
Author: Philip Alston Publisher: Cambridge University Press ISBN: 9780521645744 Category : Law Languages : en Pages : 604
Book Description
Every state in the world has undertaken human rights obligations on the basis of UN treaties. Today's challenge is to enhance the effectiveness of procedures and institutions established to promote the accountability of governments. The six treaty bodies that monitor and evaluate state policies and practices play a vital role, but the whole system has been stretched almost to breaking point. It is under-funded, many governments fail to report or do so very late or superficially, there is a growing backlog of individual complaints, broad reservations have been lodged by many states, and the expertise of committee members has been questioned. This volume contains detailed analyses of the strengths and weaknesses of the system, written by leading participants in the work of the treaty bodies. Their recommendations provide a blueprint for far-reaching reform of a system of major importance for the future of international efforts to protect human rights.
Author: Kanstantsin Dzehtsiarou Publisher: Routledge ISBN: 1135971862 Category : Law Languages : en Pages : 249
Book Description
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.
Author: Helmut P. Aust Publisher: Edward Elgar Publishing ISBN: 1839108347 Category : Law Languages : en Pages : 296
Book Description
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.
Author: William Paul Simmons Publisher: Cambridge University Press ISBN: 113950326X Category : Philosophy Languages : en Pages : 269
Book Description
This is a groundbreaking application of contemporary philosophy to human rights law that proposes significant innovations for the progressive development of human rights. Drawing on the works of prominent 'philosophers of the Other' including Emmanuel Levinas, Gayatri Chakravorti Spivak, Judith Butler and, most centrally, the Argentine philosopher of liberation Enrique Dussel, this book develops an ethics based on concrete face-to-face relationships with the Marginalized Other. It proposes that this should inspire a human rights law that is grounded in transcendental justice and framed from the perspective of marginalized groups. This would continuously deconstruct the original violence found in all human rights treaties and tribunals and promote preferential treatment for the marginalized. It would be especially attentive to such issues as access to justice, voice, representation, agency and responsibility. This differs markedly from more conventional theories that prioritize the autonomy of the ego, state sovereignty, democracy and/or equality.
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: Gauthier De Beco
Author: Arie Bloed
Author: Jakob Mholler
Author: Lukas, Karin
Author: Carlos Closa
Author: Philip Alston
Author: Kanstantsin Dzehtsiarou
Author: Helmut P. Aust
Author: William Paul Simmons
Author: Bychawska-Siniarska, Dominika