The Impact of the ECHR on Democratic Change in Central and Eastern Europe

The Impact of the ECHR on Democratic Change in Central and Eastern Europe

Author: Iulia Motoc

Publisher: Cambridge University Press

Published: 2016-08-18

Total Pages: 559

ISBN-13: 1316558835

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High hopes were placed in the ability of the European Convention and the Court of Human Rights to help realise fundamental freedoms and civil and political rights in the post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights.


Hate Speech and Human Rights in Eastern Europe

Hate Speech and Human Rights in Eastern Europe

Author: Viera Pejchal

Publisher: Routledge

Published: 2020-04-03

Total Pages: 242

ISBN-13: 1000057690

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Hate Speech and Human Rights. Democracies need to understand these terms to properly adapt their legal frameworks. Regulation of hate speech exposes underlining and sometimes invisible societal values such as security and public order, equality and non-discrimination, human dignity, and other democratic vital interests. The spread of hatred and hate speech has intensified in many corners of the world over the last decade and its regulation presents a conundrum for many democracies. This book presents a three-prong theory describing three different but complementary models of hate speech regulation which allows stakeholders to better address this phenomenon. It examines international and national legal frameworks and related case law as well as pertinent scholarly literature review to highlight this development. After a period of an absence of free speech during communism, post-communist democracies have sought to build a framework for the exercise of free speech while protecting public goods such as liberty, equality and human dignity. The three-prong theory is applied to identify public goods and values underlining the regulation of hate speech in the Czech Republic and Slovakia, two countries that share a political, sociological, and legal history, as an example of the differing approaches to hate speech regulation in post-communist societies due to divergent social values, despite identical legal frameworks. This book will be of great interest to scholars of human rights law, lawyers, judges, government, NGOs, media and anyone who would like to understand values that underpin hate speech regulations which reflect values that society cherishes the most.


The European Court of Human Rights Between Law and Politics

The European Court of Human Rights Between Law and Politics

Author: Jonas Christoffersen

Publisher: Oxford University Press

Published: 2011-06-09

Total Pages: 255

ISBN-13: 0199694494

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Leading scholars and practitioners cast new light on the substantial jurisprudence and ongoing political reform of the European Court of Human Rights. The analysis in this edited collection traces the development of the supranational European human rights system and provides original insights into the challenges facing the Court.


Formalism, Decisionism and Conservatism in Russian Law

Formalism, Decisionism and Conservatism in Russian Law

Author: Mikhail Antonov

Publisher: BRILL

Published: 2020-11-09

Total Pages: 210

ISBN-13: 9004442588

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This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. This combination leads to internal contradictions in theorizing about law and rights in Russian legal culture.


European Human Rights Law

European Human Rights Law

Author: Mark W. Janis

Publisher: Oxford University Press, USA

Published: 2000

Total Pages: 561

ISBN-13: 9780198765691

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The European Convention on Human Rights and Fundamental Freedoms is by now tremendously influential in the legal practice of over forty European states, including the United Kingdom. It is therefore essential that students and lawyers be familiar with the law and procedures of the European Court of Human Rights in Strasbourg. This second edition of the innovative and highly acclaimed European Human Rights Law has been extensively updated to cover the major developments of recent years, including the reform of the European Court of Human Rights, expansion of the system to central and eastern Europe, and the incorporation of the European Convention on Human Rights into British law. The book introduces both the process and the substance of this increasingly important area of European law. Presenting extracts from key cases alongside clear and intelligent commentary, Janis, Kay, and Bradley explain the legal rules and court system that has evolved in Strasbourg, how the Court works, and how European human rights law is enforced both at the national and international level. It also puts European human rights law into a useful comparative framework alongside human rights cases decided by courts in the United States and Canada.


World Report 2019

World Report 2019

Author: Human Rights Watch

Publisher: Seven Stories Press

Published: 2019-02-05

Total Pages: 847

ISBN-13: 1609808851

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The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.


Beyond NATO

Beyond NATO

Author: Michael E. O'Hanlon

Publisher: Brookings Institution Press

Published: 2017-08-15

Total Pages: 171

ISBN-13: 0815732589

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In this new Brookings Marshall Paper, Michael O'Hanlon argues that now is the time for Western nations to negotiate a new security architecture for neutral countries in eastern Europe to stabilize the region and reduce the risks of war with Russia. He believes NATO expansion has gone far enough. The core concept of this new security architecture would be one of permanent neutrality. The countries in question collectively make a broken-up arc, from Europe's far north to its south: Finland and Sweden; Ukraine, Moldova, and Belarus; Georgia, Armenia, and Azerbaijan; and finally Cyprus plus Serbia, as well as possibly several other Balkan states. Discussion on the new framework should begin within NATO, followed by deliberation with the neutral countries themselves, and then formal negotiations with Russia. The new security architecture would require that Russia, like NATO, commit to help uphold the security of Ukraine, Georgia, Moldova, and other states in the region. Russia would have to withdraw its troops from those countries in a verifiable manner; after that, corresponding sanctions on Russia would be lifted. The neutral countries would retain their rights to participate in multilateral security operations on a scale comparable to what has been the case in the past, including even those operations that might be led by NATO. They could think of and describe themselves as Western states (or anything else, for that matter). If the European Union and they so wished in the future, they could join the EU. They would have complete sovereignty and self-determination in every sense of the word. But NATO would decide not to invite them into the alliance as members. Ideally, these nations would endorse and promote this concept themselves as a more practical way to ensure their security than the current situation or any other plausible alternative.


The Human Rights Dictatorship

The Human Rights Dictatorship

Author: Ned Richardson-Little

Publisher: Cambridge University Press

Published: 2020-04-23

Total Pages: 287

ISBN-13: 1108424678

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Richardson-Little exposes the forgotten history of human rights in the German Democratic Republic, placing the history of the Cold War, Eastern European dissidents and the revolutions of 1989 in a new light. By demonstrating how even a communist dictatorship could imagine itself to be a champion of human rights, this book challenges popular narratives on the fall of the Berlin Wall and illustrates how notions of human rights evolved in the Cold War as they were re-imagined in East Germany by both dissidents and state officials. Ultimately, the fight for human rights in East Germany was part of a global battle in the post-war era over competing conceptions of what human rights meant. Nonetheless, the collapse of dictatorship in East Germany did not end this conflict, as citizens had to choose for themselves what kind of human rights would follow in its wake.