Sports Investigations Law and the ECHR
Sports Investigations Law and the ECHR

Author: Björn Hessert

Publisher: Taylor & Francis

Published: 2023-03-23

Total Pages: 241

ISBN-13: 1000852717

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This book focuses on the analysis of coercive measures that sports organisations are permitted to use as part of their internal sports investigation proceedings to investigate sports rule violations. The legality of such coercive measures is measured against the legal regime of the European Convention on Human Rights (ECHR). The book examines the important issue of the applicability of the ECHR to private sports organisations, which is currently widely debated in the field of sports law. The ECHR is hereby used as the analytical framework, which should also be a source of inspiration for jurisdictions outside the scope of application of the ECHR. The book further explores if and to what extent sports organisations and law enforcement agencies may exchange intelligence in support of both internal sports investigation proceedings and criminal investigations. At all stages, the work seeks to strike a balance between the interest of sports organisations to investigate sports rule violations and the rights of athletes and other sportspersons. The work will be an invaluable resource for students, academics and policy-makers working in the area of Sports Law and Human Rights Law.

Sports Investigations Law and the ECHR
Sports Investigations Law and the ECHR

Author: Björn Hessert

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9781003340478

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"This book focuses on the analysis of coercive measures that sports organisations are permitted to use as part of their internal sports investigation proceedings to investigate sports rule violations. The legality of such coercive measures is measured against the legal regime of the European Convention on Human Rights (ECHR). The book examines the important issue of the applicability of the ECHR to private sports organisations, which is currently widely debated in the field of sports law. The ECHR is hereby used as the analytical framework, which should also be a source of inspiration for jurisdictions outside the scope of application of the ECHR. The book further explores if and to what extent sports organisations and law enforcement agencies may exchange intelligence in support of both internal sports investigation proceedings and criminal investigations. At all stages, the work seeks to strike a balance between the interest of sports organisations to investigate sports rule violations and the rights of athletes and other sportspersons. The work will be an invaluable resource for students, academics and policy-makers working in the area of Sports Law and Human Rights Law"--

The European Convention on Human Rights and the COVID-19 Pandemic
The European Convention on Human Rights and the COVID-19 Pandemic

Author: Ronagh J.A. McQuigg

Publisher: Taylor & Francis

Published: 2024-01-16

Total Pages: 115

ISBN-13: 1040003575

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This book provides detailed analysis of the applicability of the provisions of the European Convention on Human Rights to issues raised by the COVID-19 pandemic. It encompasses in-depth discussion of the emerging jurisprudence of the European Court of Human Rights relating to issues arising from the pandemic. To date, a substantial number of complaints concerning such issues have been made to the Court. Human rights claims in the context of the pandemic fall into two broad categories: those based on arguments that states did not put in place sufficient measures to protect individuals from the virus and those entailing arguments that the measures put in place themselves involved breaches of rights. The essential question with which the European Court of Human Rights must grapple is how to adjudicate on the correct balance which should have been struck. The book argues that the Court should be cautious of finding breaches of the European Convention on Human Rights in cases involving public restrictions which were applied for the purpose of protecting life and health in response to a global pandemic. If the concept of a human rights violation is defined too broadly, it dilutes the seriousness of such a breach. In particular, it is argued that to preserve the legitimacy of human rights law, the Court must be cautious of applying an overly narrow margin of appreciation in such cases. The work will be of interest to academics, researchers and policymakers working in the area of human rights.

Bulk Surveillance, Democracy and Human Rights Law in Europe
Bulk Surveillance, Democracy and Human Rights Law in Europe

Author: Marcin Rojszczak

Publisher: Taylor & Francis

Published: 2024-07-22

Total Pages: 290

ISBN-13: 1040101690

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This book discusses contemporary standards of legal safeguards in the area of bulk electronic surveillance from the perspective of the European legal model. Bulk, or untargeted, surveillance, although traditionally associated with the interception of electronic communications, is increasingly used as a convenient tool for collecting information on large groups of society. The collection of redundant information, which is intrinsic to bulk surveillance, is no longer a side effect but an important objective of the use of bulk powers. As a result, untargeted surveillance is everywhere increasingly being implemented, and without any clear link to state security or crime-fighting objectives. This work examines the origins of untargeted measures, explores their mechanics and key concepts, and defines what distinguishes them from other forms of surveillance. The various elements of the legal safeguards in place, which are fundamental to protecting individuals from the risks of abuse of power, are analysed in detail. The book discusses not only the different standards of legal safeguards, but also gives examples of their implementation in individual European countries. It also examines the relationship between the development of the global data market and untargeted surveillance powers, in particular in the context of the risks associated with algorithmic surveillance, client-side scanning, the privatisation of surveillance – or surveillance as a service – and the increasingly widespread use of preventive content filtering mechanisms. The book will be a valuable resource for academics and researchers working in the areas of law, international relations, public policy, engineering and sociology. It will also appeal to professionals dealing with various aspects of the use of surveillance measures, such as experts, members of the legislature and law enforcement agencies. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Social Media, Fundamental Rights and Courts
Social Media, Fundamental Rights and Courts

Author: Federica Casarosa

Publisher: Taylor & Francis

Published: 2023-06-23

Total Pages: 226

ISBN-13: 1000895998

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This volume examines European and national higher-court decisions on social media from the perspective of fundamental rights and judicial dialogue. While the challenges social media poses for public policy and regulation have been widely discussed, the role of courts in this evolving legal area, especially from a fundamental-rights standpoint, has hitherto remained largely underexplored. This volume probes the contribution of national and European judiciaries to the protection of fundamental rights in a social media setting and delves into patterns of dialogue and interaction between domestic courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR), and between the CJEU and the ECtHR. The book specifically examines the extent and ways in which national and European judges incorporate fundamental rights reasoning in their social media rulings. It also investigates the nature and breadth of the use of European supranational case law in domestic judicial assessment and analyses the engagement of the CJEU and the ECtHR with the other’s case law. In doing so, the book instils jurisprudential dynamics into the study of social media law and regulation, exploring in particular the effects of European constitutionalism on the shaping and enforcement of fundamental rights in a social media context. Written by emerging and established experts in the field, this book will be essential reading for scholars of comparative, European and constitutional law, as well as those with a particular interest in digital technologies and social media.

Housing, Land and Property Rights
Housing, Land and Property Rights

Author: Scott Leckie

Publisher: Taylor & Francis

Published: 2023-09-15

Total Pages: 219

ISBN-13: 1000956660

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This book explores various contemporary aspects of the growing field of housing, land and property (HLP) rights. HLP rights have undergone a major transformation in recent decades, but much remains to be done to bring their promise to the billions of people who have yet to access them. This work presents several innovative ways by which the entire field of HLP rights can be strengthened in support of those to whom they are promised by human rights laws. It outlines the author’s suggestions for creating a new World Restitution Agency, expanding our understanding of the term ‘internationally wrongful act’ to HLP crimes, the links between mine action and HLP rights in post-conflict societies and the need to include HLP issues in peace agreements. The book concludes with several chapters that outline suggestions for better addressing climate displacement, including the need for national climate land banks, the role of the courts and how to redistribute global wealth towards rehousing the millions set to be displaced from their homes and lands due to the effects of climate change. The volume will be essential reading for academics, researchers and policymakers working in the areas of international human rights law, housing, land and property issues, humanitarian issues and climate change.

Defamation and the Right to Freedom of Speech
Defamation and the Right to Freedom of Speech

Author: Mariette Jones

Publisher: Taylor & Francis

Published: 2024-06-28

Total Pages: 198

ISBN-13: 1040044956

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In an effort to balance the protection of reputation and the right to free speech, the UK Parliament attempted to fundamentally transform English libel law through the Defamation Act 2013. This book evaluates the success of this attempt by means of a comparative analysis of relevant law in the United States of America (US), Germany, and the European Court of Human Rights. It examines the reasons that it was deemed necessary to reform the common law of defamation in England and Wales, the changes wrought by the act, and the case law it has engendered. As defamation often occurs internationally, the book also takes a broad comparative look at the way in which other relevant jurisdictions attempt to balance reputational protection and free speech. The natural starting point is the US where freedom of expression is strongly protected by the US Constitution. From there the focus shifts to Germany where both competing legal interests are likewise given constitutional protection. The European Court of Human Rights’ jurisprudence is also examined because of its highly developed balancing approach and its general reflection of European legal thinking. Recent high-profile defamation cases such as those concerning the actors Johnny Depp and Amber Heard, decided in the UK as well as the US, form interesting and informative case studies. The final section of the work rates the libel reform attempted in the UK against its own benchmarks, provides suggestions about the way in which it is developing, and concludes that valuable lessons can still be learnt from the comparator jurisdictions. The book will be essential reading for those working in the areas of human rights law and media law.

The Right of the Child to Play
The Right of the Child to Play

Author: Naomi Lott

Publisher: Taylor & Francis

Published: 2023-05-19

Total Pages: 174

ISBN-13: 1000882926

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This book provides a vital and original investigation into, and critique of, the situation facing the realisation of the child’s right to play. The right to play has been referred to as a forgotten right – forgotten by States implementing the Convention on the Rights of the Child, by the Committee on the Rights of the Child in monitoring and providing guidance on the Convention, and by human rights academics. Through multidisciplinary, original archival, novel doctrinal and primary empirical research, the work provides a thorough investigation of the right to play. It offers an innovative insight into its value, the challenges facing the realisation of the right, its raison d’être and its scope, content and obligations. It also critiques the Committee’s engagement with the right to play and shares lived experiences of efforts to support its implementation in the United Kingdom and Tanzania. The book highlights elements of best practice, challenges, and weaknesses, and makes recommendations for the continued and improved realisation of the right to play. The book will be a valuable resource for researchers, academics, advocates and policy-makers working in the areas of Children’s Rights, International Human Rights Law, Public International Law, Child Welfare, and Education.

Legal Responses to Football Hooliganism in Europe
Legal Responses to Football Hooliganism in Europe

Author: Anastassia Tsoukala

Publisher: Springer

Published: 2016-04-21

Total Pages: 181

ISBN-13: 9462651086

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This book brings together a number of perspectives on how different European states have responded to the phenomenon of football crowd disorder and violence, or “hooliganism”. It applies a comparative legal approach, with a particular focus on civil and human rights, to analyze domestic legislation, policing and judicial responses to the problem of “football hooliganism” in Europe. Academics and legal professionals from eight different European countries introduce and analyze the different approaches and draw together common themes and problems from their various jurisdictions. They offer insights into the interactions between (domestic) politicians, law enforcers and sports authorities. The book is important reading for scholars and practitioners in the fields of law, sports law, sociology and criminology, and for all those concerned with questions of law enforcement and human rights. While it perfectly fits the curriculum for postgraduate studies in the fields mentioned, it is also highly recommended as secondary reading for undergraduate students. Dr. Anastassia Tsoukala is tenured Associate Professor at the University of Paris XI, France. Dr. Geoff Pearson is Senior Lecturer in Criminal Law at the University of Manchester’s Law School, Manchester, United Kingdom. Dr. Peter Coenen was Assistant Professor of Law at Maastricht University in the Netherlands.

Sport and Discrimination in Europe
Sport and Discrimination in Europe

Author: William Gasparini

Publisher: Council of Europe

Published: 2010

Total Pages: 162

ISBN-13:

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This work presents the main contributions and considerations of young European research workers and journalists on the question of discrimination in sport. Taking a multidisciplinary approach to the social sciences, The authors show how the media and those working in media can act as a relay, through their coverage of sports, For initiatives on the fight against discrimination. They also illustrate in detail not only the reality of discrimination in sport and the controversy surrounding this issue in the member states of the Council of Europe, but also the strength of research incipient in this field. The Enlarged Partial Agreement on Sport (EPAS) hopes to contribute in this way to the development of European research on education through sport involving researchers from different countries in order to better understand the phenomenon of discrimination.