Impact of the European Convention on Human Rights in states parties

Impact of the European Convention on Human Rights in states parties

Author: Council of Europe

Publisher: Council of Europe

Published: 2016-11-01

Total Pages: 108

ISBN-13: 9287183864

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What positive impact has the European Convention on Human Rights had upon states parties to the Convention? The examples presented in this publication show that the effects of the Convention and its case law extend to all areas of life. They include, but are not limited to, individuals’ access to justice, the prohibition of discrimination, property rights, family law issues such as custody rights, the prevention and punishment of acts of torture, the protection of victims of domestic violence, the privacy of individuals in their correspondence and sexual relations, and the protection of religious freedoms and freedoms of expression and association. This publication contains selected examples from all 47 states parties to the Convention that illustrate how the protection of human rights and fundamental freedoms has been strengthened at the domestic level thanks to the Convention and the Strasbourg Court’s case law.


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.


Impact of the European Convention on Human Rights in States Parties

Impact of the European Convention on Human Rights in States Parties

Author: Council of Europe

Publisher:

Published: 2016-11-30

Total Pages: 105

ISBN-13: 9789287183217

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The examples presented in this publication show that the effects of the Convention and its case law extend to all areas of life. They include, but are not limited to, individuals' access to justice, the prohibition of discrimination, property rights, family law issues such as custody rights, the prevention and punishment of acts of torture, the protection of victims of domestic violence, the privacy of individuals in their correspondence and sexual relations, and the protection of religious freedoms and freedoms of expression and association. This publication contains selected examples from all 47 states parties to the Convention that illustrate how the protection of human rights and fundamental freedoms has been strengthened at the domestic level thanks to the Convention and the Strasbourg Court's case law.


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.


Handbook on the European Convention on Human Rights

Handbook on the European Convention on Human Rights

Author: Mark Eugen Villiger

Publisher: BRILL

Published: 2022-12-05

Total Pages: 771

ISBN-13: 9004443835

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In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law. With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.


General Principles of the European Convention on Human Rights

General Principles of the European Convention on Human Rights

Author: Janneke Gerards

Publisher: Cambridge University Press

Published: 2023-06-30

Total Pages: 406

ISBN-13: 1009050931

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The European Convention on Human Rights is one of the world's most important and influential human rights documents. It owes its value mainly to the European Court of Human Rights, which applies the Convention rights in individual cases. This book offers insight into the concepts and principles that are key to understanding the European Convention and the Court's case law. It explains how the Court approaches its cases and its decision-making process, illustrated by numerous examples taken from the Court's judgments. Core issues discussed include types of Convention rights (such as absolute rights); the structure of the Court's Convention rights review; principles and methods of interpretation (such as common-ground interpretation and the use of precedent); positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and the requirements for the restriction of Convention rights.


Manual on Human Rights and the Environment

Manual on Human Rights and the Environment

Author: Council of Europe

Publisher: Council of Europe

Published: 2006-01-01

Total Pages: 90

ISBN-13: 9287159807

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Prepared by government experts from all 46 member states of the Council of Europe, this publication seeks to help promote a better understanding of the relationship between human fights and environmental issues by setting out details of relevant case-law of the European Court of Human Rights and the principles upon which these judgements are based. These include: the right to life (Article 2), the right to respect for family life (Article 8), the right to a fair trial and access to a court (Article 6) and the right to receive and impart information and ideas (Article 10) of the European Convention on Human Rights.


Research Handbook on Implementation of Human Rights in Practice

Research Handbook on Implementation of Human Rights in Practice

Author: Rachel Murray

Publisher: Edward Elgar Publishing

Published: 2022-11-25

Total Pages: 364

ISBN-13: 1800372280

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Building upon the growing body of scholarship on the factors and actors that influence the extent to which states implement human rights law, this cutting-edge Research Handbook takes an interdisciplinary approach to exploring the roles of actors within supranational human rights bodies, the decisions and judgements they make, and the tools they use to facilitate human rights implementation.


The Inter-State Application under the European Convention on Human Rights

The Inter-State Application under the European Convention on Human Rights

Author: Isabella Risini

Publisher: BRILL

Published: 2018-05-07

Total Pages: 294

ISBN-13: 9004357262

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The Inter-State Application under the European Convention on Human Rights provides the first comprehensive monograph about the State-to-State human rights enforcement mechanism. The functions of the mechanism include also dispute settlement aspects, which are related to the compulsory jurisdiction of the Strasbourg Court. The study provides a full account of the development of the Inter-State Application under Article 33 ECHR and puts its case law in the relevant historical and institutional context. The analysis concludes with detailed reform considerations which are situated within the discussion about the role of the European Court of Human Rights. The focus lies on the possibility to address and improve systemic human rights deficits beyond the single case. The Court’s growing inter-State docket evidences the need for legal certainty. See inside the book.