General Principles of the European Convention on Human Rights

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Publisher : Cambridge University Press
ISBN 13 : 1009050931
Total Pages : 406 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis General Principles of the European Convention on Human Rights by : Janneke Gerards

Download or read book General Principles of the European Convention on Human Rights written by Janneke Gerards and published by Cambridge University Press. This book was released on 2023-06-30 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

European Convention on Human Rights

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509927476
Total Pages : 600 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis European Convention on Human Rights by : Christoph Grabenwarter

Download or read book European Convention on Human Rights written by Christoph Grabenwarter and published by Bloomsbury Publishing. This book was released on 2014-02-12 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights (ECHR) entered into force on 3 September 1953 with binding effect on all Member States of the Council of Europe. It grants the people of Europe a number of fundamental rights and freedoms (right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, right to marry, right to an effective remedy, prohibition of discrimination) plus some more by additional protocols to the Convention (Protocols 1 (ETS No. 009), 4 (ETS No. 046), 6 (ETS No. 114), 7 (ETS No. 117), 12 (ETS No. 177) and 13 (ETS No. 187)). Any person who feels his or her rights under the ECHR have been violated by the authorities of one of the Member States can bring a case to the European Court of Human Rights, established under the Convention. The States are bound by the Court's decisions. The Committee of Ministers of the Council of Europe make sure that the decisions are properly executed. Today the Court receives thousands of petitions annually, demonstrating the immense impact of the Convention and the Strasbourg Court. Professor Grabenwarter's Commentary deals with the Convention systematically, article-by-article, considering the development and scope of each article, together with the relevant case-law and literature.

The Evolution of the European Convention on Human Rights

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Publisher : Oxford University Press
ISBN 13 : 0199207992
Total Pages : 609 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Evolution of the European Convention on Human Rights by : Ed Bates

Download or read book The Evolution of the European Convention on Human Rights written by Ed Bates and published by Oxford University Press. This book was released on 2010-12-23 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights is probably the most effective system of international human rights control created. This book examines the story of the evolution of the Convention over its first 50 years. It explains how the Convention system grew up and how it came to exert such an important influence on the States which subscribe to it.

The Interpretation and Application of the European Convention of Human Rights

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004242813
Total Pages : 304 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Interpretation and Application of the European Convention of Human Rights by : Malgosia Fitzmaurice

Download or read book The Interpretation and Application of the European Convention of Human Rights written by Malgosia Fitzmaurice and published by Martinus Nijhoff Publishers. This book was released on 2012-12-07 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, offers an analysis of important legal issues pertaining not only to the ECHR itself but also to the effect that it has on and also receives from other areas of international law

Migration and the European Convention on Human Rights

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Publisher : Oxford University Press, USA
ISBN 13 : 0192895192
Total Pages : 289 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Migration and the European Convention on Human Rights by : Ba,sak Çal)i

Download or read book Migration and the European Convention on Human Rights written by Ba,sak Çal)i and published by Oxford University Press, USA. This book was released on 2021-02-25 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection provides a comphrehensive analysis of how the European Convention on Human Rights protects the rights of migrants in different stages of migration, including asylum seekers, irregular migrants, and those who have migrated through domestic lawful routes.

Prohibition of Discrimination Under the European Convention on Human Rights

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Publisher : Council of Europe
ISBN 13 : 9789287168177
Total Pages : 156 pages
Book Rating : 4.1/5 (681 download)

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Book Synopsis Prohibition of Discrimination Under the European Convention on Human Rights by : Frédéric Edel

Download or read book Prohibition of Discrimination Under the European Convention on Human Rights written by Frédéric Edel and published by Council of Europe. This book was released on 2010-01-01 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights guarantees equality among human beings by means of two provisions that prohibit discrimination: On the one hand, Article 14 of the Convention, ratified by all member states of the Council of Europe; and, On the other hand, The first article of Protocol No. 12, ratified by only some of the members. The content of the prohibition laid down by these two provisions is the same, The only difference is in the extent of their scope: whereas Article 14 prohibits discrimination in the "enjoyment of rights and freedoms set forth by the present Convention", The first article of Protocol No. 12 prohibits discrimination in a broader sense in the "enjoyment of all rights set forth by law". This study proposes an insight into the case law of the European Court of Human Rights on discrimination with respect both To The main principles which guide its implementation and To The specific solutions which the Court has adopted in relation to discrimination. Other questions examined include the scope of the prohibition of discrimination (to what does it apply?), The question of the content of such a prohibition (what precise obligations does it imply?), and last, The question of a judicial review (how does the Court assess compliance with it?).The "Human rights files" series is aimed at specialists in European law: lawyers, practitioners and research students. it also constitutes a useful resource For The implementation of the European Convention on Human Rights in the signatory states.

Theory and Practice of the European Convention on Human Rights

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Author :
Publisher : Springer
ISBN 13 :
Total Pages : 684 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Theory and Practice of the European Convention on Human Rights by : Pieter Van Dijk

Download or read book Theory and Practice of the European Convention on Human Rights written by Pieter Van Dijk and published by Springer. This book was released on 1990 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kluwer Law International is happy to announce the third edition of Van Dijk & Van Hoof's classic work: Theory & Practice of the European Convention on Human Rights. The developments which have taken place under the Convention since the second edition was published have been numerous & comprehensive, & the Convention has gained a central position in the legal systems of many European countries. Three Protocols have been added to the Convention; the number of Parties to the Convention has grown from twenty-two to no less than thirty-six; & the case-law concerning the Convention has increased significantly. Like its predecessors, this third edition offers a full description of the present procedural practice & case-law of both the European Commission & the European Court of Human Rights, & is an indispensable guide. Protocol No. 11 to the Convention, which will enter into force by the end of 1998, will drastically change the supervisory system under the Convention, establishing one Court. This new Court will also perform the present functions of the Commission & it is expected that it will be guided by the Commission's procedures & working methods, & by its case-law concerning admissibility. This new edition will therefore remain relevant for the practice & case-law of the new Court for many years to come.

The European Convention on Human Rights and General International Law

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Publisher : Oxford University Press
ISBN 13 : 0192565532
Total Pages : 300 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The European Convention on Human Rights and General International Law by : Anne van Aaken

Download or read book The European Convention on Human Rights and General International Law written by Anne van Aaken and published by Oxford University Press. This book was released on 2018-09-20 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. However, because the Court does not always follow general international law closely and develops its own doctrines, which are, in turn, influential for national courts as well as other international courts and tribunals, a feedback loop of influence occurs. This book explores the interaction, including the problems arising in the context of human rights, between the European Convention on Human Rights and general international law. It contributes to ongoing debates on the fragmentation and convergence of international law from the perspective of international judges as well as academics. Some of the chapters suggest reconciling methods and convergence while others stress the danger of fragmentation. The focus is on specific topics which have posed special problems, namely sources, interpretation, jurisdiction, state responsibility and immunity.

Article 5 of the European Convention on Human Rights

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Publisher : Council of Europe
ISBN 13 : 9789287150196
Total Pages : 144 pages
Book Rating : 4.1/5 (51 download)

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Book Synopsis Article 5 of the European Convention on Human Rights by : J. L. Murdoch

Download or read book Article 5 of the European Convention on Human Rights written by J. L. Murdoch and published by Council of Europe. This book was released on 2002-01-01 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The European Convention on Human Rights

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Author :
Publisher : Oxford University Press
ISBN 13 : 0191066761
Total Pages : 1414 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The European Convention on Human Rights by : William A. Schabas

Download or read book The European Convention on Human Rights written by William A. Schabas and published by Oxford University Press. This book was released on 2015-09-24 with total page 1414 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Positive Obligations of the State under the European Convention of Human Rights

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1136664440
Total Pages : 266 pages
Book Rating : 4.1/5 (366 download)

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Book Synopsis The Positive Obligations of the State under the European Convention of Human Rights by : Dimitris Xenos

Download or read book The Positive Obligations of the State under the European Convention of Human Rights written by Dimitris Xenos and published by Taylor & Francis. This book was released on 2012-04-27 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The system of the European Convention of Human Rights imposes positive obligations on the state to guarantee human rights in circumstances where state agents dot not directly interfere. In addition to the traditional/liberal negative obligation of non-interference, the state must actively protect the human rights of individuals residing within its jurisdiction. The liability of the state in terms of positive obligations induces a freestanding imperative of human rights that changes fundamentally the perception of the role of the state and the participatory ability of the individual, who can now assert their human rights in all circumstances in which they are relevant. In that regard, positive obligations herald the most advanced review of the state’s business ever attempted in international law. The book undertakes a comprehensive study of positive obligations: from establishing the legitimacy of positive obligations within the system of the Convention to their practical implementation at the national level. Analysing in depth legal principles that pervade the whole system of the Convention, a coherent methodological framework of critical stages and parameters is provided to determine the content of positive obligations in a consistent, predictable and realistic manner. This study of the Convention explains and critically analyses the state’s positive obligations, as imposed by the European Court of Human Rights, and sets out original proposals for their future development. The book will be of interest to those who study, research or practice public law, civil rights and liberties or international/European human rights law.

European Convention on Human Rights Year: 1971

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9024715466
Total Pages : 1010 pages
Book Rating : 4.0/5 (247 download)

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Book Synopsis European Convention on Human Rights Year: 1971 by : Council of Europe/Conseil de L'Europe

Download or read book European Convention on Human Rights Year: 1971 written by Council of Europe/Conseil de L'Europe and published by Martinus Nijhoff Publishers. This book was released on 1973-07-01 with total page 1010 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the "Yearbook of the European Convention on Human Rights, prepared by the Directorate of Human Rights of the Council of Europe, relates to 2003. Part one contains information on the Convention. Part two deals with the control mechanism of the European Convention on Human Rights: selected judgments of the European Court of Human Rights and human rights (DH) resolutions of the Committee of Ministers; part three groups together the other work of the Council of Europe in the field of human rights, and includes the work of the Committee of Ministers, the Parliamentary Assembly and the Directorate General of Human Rights; part four is devoted to information on national legislation and extracts from national judicial decisions concerning rights protected by the Convention. Appendix A contains a bibliography on the Convention, and Appendix B the biographies of the new judges elected to the European Court of Human Rights.

The European Convention on Human Rights

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Publisher : Cambridge University Press
ISBN 13 : 1139461966
Total Pages : 33 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The European Convention on Human Rights by : Steven Greer

Download or read book The European Convention on Human Rights written by Steven Greer and published by Cambridge University Press. This book was released on 2006-11-30 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.

The Application of the European Convention on Human Rights to Military Operations

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Publisher : Cambridge University Press
ISBN 13 : 1108645127
Total Pages : 277 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Application of the European Convention on Human Rights to Military Operations by : Stuart Wallace

Download or read book The Application of the European Convention on Human Rights to Military Operations written by Stuart Wallace and published by Cambridge University Press. This book was released on 2019-04-11 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights is being applied to military operations of every kind from internal operations in Russia and Turkey, to international armed conflicts in Iraq, Ukraine and elsewhere. This book exposes the challenge that this development presents to the integrity and universality of Convention rights. Can states realistically investigate all instances where life is lost during military operations? Can the Convention offer the same level of protection to soldiers in combat as it does to its citizens at home? How can we reconcile the application of the Convention with other international law applicable to military operations? This book offers detailed analysis of how the Convention applies to military operations of all kinds. It highlights the creeping relativism of the standards applied by the European Court of Human Rights to military operations and offers guidance on how to interpret and apply the Convention to military operations.

Human Rights and the End of Empire

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Publisher : Oxford University Press, USA
ISBN 13 : 9780199267897
Total Pages : 1188 pages
Book Rating : 4.2/5 (678 download)

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Book Synopsis Human Rights and the End of Empire by : Alfred William Brian Simpson

Download or read book Human Rights and the End of Empire written by Alfred William Brian Simpson and published by Oxford University Press, USA. This book was released on 2004 with total page 1188 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights of 1950 established the most effective international system of human rights protection ever created. This is the first book that gives a comprehensive account of how it came into existence, of the part played in its genesis by the British government, and of its significance for Britain in the period between 1953 and 1966.

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

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Author :
Publisher : Council of Europe
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4./5 ( download)

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Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika

Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

An Introduction to the European Convention on Human Rights

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Author :
Publisher :
ISBN 13 : 9789287186102
Total Pages : 100 pages
Book Rating : 4.1/5 (861 download)

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Book Synopsis An Introduction to the European Convention on Human Rights by : Council of Europe

Download or read book An Introduction to the European Convention on Human Rights written by Council of Europe and published by . This book was released on 2018-10-05 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to life, prohibition of torture, freedom of thought, conscience and religion, freedom of expression, the right to marriage. Did you know that these rights and many others are protected by the European Convention on Human Rights? The author of this book illustrates each of these rights in a simple and clear way, using specific examples. He also sets the action of the European Court of Human Rights in the wider context ofCouncil of Europe activities pursuing the same ideals.