European Human Rights Law: The Work of the European Court of Human Rights Illustrated by an Assortment of Selected Cases

European Human Rights Law: The Work of the European Court of Human Rights Illustrated by an Assortment of Selected Cases

Author: Sarah Maringele

Publisher: Anchor Academic Publishing (aap_verlag)

Published: 2014-03-27

Total Pages: 145

ISBN-13: 3954892316

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In Section One of the work a brief introduction to the topic illustrates the main purpose of the disquisition and exemplifies the fundamental questions. The author emphasizes on the illustration of the International perspective of Fundamental Rights within Section Two, which is followed by an explication of the divergent legal sources and impacts of Human Rights Law; e.g.: the Charter of the United Nations, the European Bill of Rights and the European Convention on Human Rights. The next part exemplifies the ECtHR`s case-law in respect of the most significant principles and methods of interpretation by offering well discussed and analyzed case studies. The case analyzes provide the important facts, the argumentation and the conclusion of the Court, furthermore, the author allocates the dissenting opinions, critical remarks and further correlations. Within Section Four, the legal machinery and controlling mechanisms are discussed shortly. The International abandonment of violence against women is considered in Section Five, which elucidates the categories, facts and presence of physical and psychological violence against women and children, as well as the judicial approach to the given circumstances in the light of the ECHR. The last section summarizes the results and closes with an illustration of possible future developments and perspectives of European Human Rights Law.


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.


The European Convention on Human Rights

The European Convention on Human Rights

Author: William A. Schabas

Publisher: Oxford University Press

Published: 2015-09-24

Total Pages: 1433

ISBN-13: 0191066761

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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.


Can the European Court of Human Rights Shape European Public Order?

Can the European Court of Human Rights Shape European Public Order?

Author: Kanstantsin Dzehtsiarou

Publisher: Cambridge University Press

Published: 2021-12-02

Total Pages: 251

ISBN-13: 1108752349

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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.


Human Rights Law in Europe

Human Rights Law in Europe

Author: Kanstantsin Dzehtsiarou

Publisher: Routledge

Published: 2014-03-21

Total Pages: 249

ISBN-13: 1135971862

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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.


The European Court of Human Rights

The European Court of Human Rights

Author: Helmut P. Aust

Publisher: Edward Elgar Publishing

Published: 2021-04-30

Total Pages: 296

ISBN-13: 1839108347

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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.


The Right to Equality in European Human Rights Law

The Right to Equality in European Human Rights Law

Author: Charilaos Nikolaidis

Publisher: Routledge

Published: 2014-07-25

Total Pages: 255

ISBN-13: 1317701380

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A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.


Human rights and criminal procedure

Human rights and criminal procedure

Author: Jeremy McBride

Publisher: Council of Europe

Published: 2018-06-18

Total Pages: 529

ISBN-13: 928718741X

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A practical tool for legal professionals 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 This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.


Children and the European Court of Human Rights

Children and the European Court of Human Rights

Author: Claire Fenton-Glynn

Publisher: Oxford University Press, USA

Published: 2021-01-07

Total Pages: 465

ISBN-13: 0198787510

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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.