The European Convention on Human Rights PDF Download

Author: William A. Schabas
Publisher: Oxford University Press
ISBN: 019106677X
Category : Law
Languages : en
Pages : 1433

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Book Description
The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.

Author: Eva Brems
Publisher: Cambridge University Press
ISBN: 1139851845
Category : Political Science
Languages : en
Pages : 499

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Book Description
Through redrafting the judgments of the ECHR, Diversity and European Human Rights demonstrates how the court could improve the mainstreaming of diversity in its judgments. Eighteen judgments are considered and rewritten to reflect the concerns of women, children, LGB persons, ethnic and religious minorities, and persons with disabilities in turn. Each redrafted judgment is accompanied by a paper outlining the theoretical concepts and frameworks that guided the approaches of the authors and explaining how each amendment to the original text is an improvement. Simultaneously, the authors demonstrate how difficult it can be to translate ideas into judgments, whilst also providing examples of what those ideas would look like in judicial language. By rewriting actual judicial decisions in a wide range of topics this book offers a broad overview of diversity issues in the jurisprudence of the ECHR and aims to bridge the gap between academic analysis and judicial practice.

Author: Jean-François Renucci
Publisher: Council of Europe
ISBN: 9789287157157
Category : Law
Languages : en
Pages : 132

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Book Description
The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.

Author: Helmut P. Aust
Publisher: Edward Elgar Publishing
ISBN: 1839108347
Category : Law
Languages : en
Pages : 296

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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: Dominik Haider
Publisher: Martinus Nijhoff Publishers
ISBN: 9004246444
Category : Law
Languages : en
Pages : 347

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Book Description
Structural human rights deficiencies in the member states of the European Convention of Human Rights have caused numerous individual applications to the European Court of Human Rights and are a considerable factor in the Court's persistent overload crisis. The Pilot-Judgment Procedure was devised to tackle these structural deficiencies and has become an important instrument of the Court. Dominik Haider examines to which extent the Pilot-Judgment Procedure is reconcilable with the European Convention on Human Rights. After an analysis of the member states’ obligations to resolve structural deficiencies, the author asks if the European Court of Human Rights is empowered to take the procedural steps which are characteristic of the Pilot-Judgment Procedure. In particular, the Court's express orders are critically scrutinised.

Author: Steven Greer
Publisher: Cambridge University Press
ISBN: 1108647456
Category : Law
Languages : en
Pages : 562

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Book Description
Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.

Author: Kanstantsin Dzehtsiarou
Publisher: Cambridge University Press
ISBN: 1108752349
Category : Law
Languages : en
Pages : 251

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Book Description
In this book, Kanstantsin Dzehtsiarou argues that, from the legal perspective, the formula 'European public order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the European Court of Human Rights (ECtHR) in its reasoning. However, European public order can also be understood as an analytical concept which does not require a clearly defined content. In this sense, the ECtHR can impact European public order but cannot strategically shape it. The Court's impact is a by-product of individual cases which create a feedback loop with the contracting states. European public order is influenced as a result of interaction between the Court and the contracting parties. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to research interviews with the judges of the ECtHR.

Author: Patricia Popelier
Publisher:
ISBN: 9781780684017
Category : Civil rights
Languages : en
Pages : 0

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Book Description
The goal of the volume is to explore how widespread criticism of the European Court of Human Rights is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection.

Author: Rory O'Connell
Publisher: Cambridge University Press
ISBN: 1107035074
Category : Law
Languages : en
Pages : 321

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Book Description
Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.

Author: European Court of
Publisher: Wolf Legal Publishers
ISBN: 9789462400467
Category :
Languages : en
Pages : 0

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Book Description
The European Court of Human Rights is an international court based in Strasbourg and is part of the Council of Europe. The Court rules on individual or inter-State applications alleging violations of the rights and freedoms set out in the European Convention on Human Rights by any of the Council's 47 Member States. The Court's case-law makes the Convention a powerful living instrument for consolidating the rule of law and democracy in Europe. Reports of Judgments and Decisions is the official series of leading cases selected by the most senior judges at the Court because of their high jurisprudential interest. Each judgment and decision is published in English and French and is preceded by a summary - including case description, keywords, and key notions - for ease of reference. The Reports are primarily designed for legal professionals, libraries, and academics. Wolf Legal Publishers is proud to present the Reports of Judgments and Decisions series, formerly published by Carl Heymanns Verlag. Each volume contains a series of cases or extracts of cases, preceded by a summary prepared by the Registry. Each summary contains a case description, keywords, and key notions, in addition to the facts of the case and the Court's main findings. Cases will continue to be presented in five or six volumes published every year, accompanied by an index listing them, both alphabetically (by applicant and by respondent State) and analytically (by Article(s) of the European Convention on Human Rights). *** Volume 2009-IV contains the following select reports/cases: Verein gegen Tierfabriken Schweiz (VgT) * Enea * Manole and Others * Kimlya and Others * Appel-Irrgang and Others (Series: Reports of Judgments and Decisions)