When Human Rights Clash at the European Court of Human Rights
When Human Rights Clash at the European Court of Human Rights

Author: Stijn Smet

Publisher: Oxford University Press

Published: 2017

Total Pages: 289

ISBN-13: 0198795955

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The notion of conflict rests at the heart of the judicial function. Judges are routinely asked to resolve disputes and defuse tensions. Yet, when judges are called upon to adjudicate a purported conflict between human rights, they face particular challenges and must address specific questions. Some of these concern the very existence of human rights conflicts. Can human rights really conflict with one another, in terms of mutual incompatibility? Or should human rights be interpreted in harmony with one another? Other questions concern the resolution of real conflicts. To the extent that human rights do conflict, how should these conflicts be resolved? To what extent is balancing desirable? And if it is desirable, which understanding of balancing should judges employ? This book seeks to provide both theoretical and practical answers to these questions. When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? debates both the existence and resolution of human rights conflicts, in the specific context of the case law of the European Court of Human Rights. The contributors put forth principled and pragmatic arguments and propose theoretical as well as practical approaches, whilst firmly embedding their proposals in the case law of the European Court. Doing so, this book provides concrete ways forward in the ongoing debate on conflicts of rights at Europe's human rights court.

Treaty Conflict and the European Union
Treaty Conflict and the European Union

Author: Jan Klabbers

Publisher: Cambridge University Press

Published: 2009

Total Pages: 285

ISBN-13: 0521455464

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Jan Klabbers examines how membership of the European Union affect treaties concluded between the member and non-member states.

Protecting the right to freedom of expression under the European Convention on Human Rights
Protecting the right to freedom of expression under the European Convention on Human Rights

Author: Bychawska-Siniarska, Dominika

Publisher: Council of Europe

Published: 2017-08-04

Total Pages: 124

ISBN-13:

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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.

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.

Parliaments and the European Court of Human Rights
Parliaments and the European Court of Human Rights

Author: Alice Donald

Publisher: Oxford University Press

Published: 2016

Total Pages: 369

ISBN-13: 0198734247

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Through empirical assessment of the role of the parliaments of the UK, the Netherlands, Germany, Ukraine, and Romania, this book addresses the theme of how engaged parliaments are and should be, in the implementation of judgments of the European Court of Human Rights.

Freedom of Expression
Freedom of Expression

Author: Josep Casadevall

Publisher: Council of Europe

Published: 2012-01-01

Total Pages: 52

ISBN-13: 9789287174253

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Freedom of expression is one of the cornerstones of all democratic systems. Without it ideas about how to protect the common good in our societies would be impoverished. A marketplace of ideas is essential for democracy to thrive. It is for this reason that the European Court of Human Rights attaches such importance to political discourse as well as to speech and other forms of expression that may shock and offend. Yet such freedom may clash with other rights such as the right to privacy, the right to a good reputation. It may even conflict with the need to protect public order or morals. Societies require pluralism if they are to grow yet democracy also seeks to limit extreme forms of speech that preach hate and advocate violence. But are such restrictions on free speech legitimate and by what criteria are we to judge their necessity?We rely on journalists to report accurately the controversies of the day and protect their right not to reveal sources. They also enjoy a broad right of fair comment. But we expect them to be responsible in their factual reporting, to check their sources and to have regard to the need to observe some degree of restraint when reporting or commenting on matters that affect the rights of others. But is it legitimate to interfere with reporting that is in the public interest and how can the law promote responsible journalism?This collection of essays on freedom of expression contains contributions by distinguished judges and lawyers from many varied backgrounds that explore these themes with a critical eye. The book seeks to honour Sir Nicolas Bratza, President of the European Court of Human Rights, for his outstanding contribution, as a jurist and leading judicial figure, to the protection of human rights in Europe.

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.

The Last Utopia
The Last Utopia

Author: Samuel Moyn

Publisher: Harvard University Press

Published: 2012-03-05

Total Pages: 346

ISBN-13: 0674256522

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Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.