National Security And The European Convention On Human Rights

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National Security and the European Convention on Human Rights

Author : Iain Cameron
Publisher : BRILL
ISBN 13 : 9004480900
Total Pages : 509 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis National Security and the European Convention on Human Rights by : Iain Cameron

Download or read book National Security and the European Convention on Human Rights written by Iain Cameron and published by BRILL. This book was released on 2021-11-22 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary aim of this study as a whole is to examine how useful a safeguard the Convention is, and can be, in the sensitive area of national security law and practice. The first part of the book consists of an examination of the national security concept generally in the Convention and the context of national security concerns in European states. The second part of the book is devoted to detailed studies of secret surveillance and security data registers, both of the court and commission's case law and of national laws in the field. The third part of the book consists of an article-by-article analysis of the case law of the commission and the court dealing with national security. The book is of interest to academics, practising lawyers and legislators interested in human rights and national security issues.

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

Author : Bychawska-Siniarska, Dominika
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.

Secrecy and Liberty: National Security, Freedom of Expression and Access to Information

Author : Joan Fitzpatrick
Publisher : BRILL
ISBN 13 : 9004481796
Total Pages : 592 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Secrecy and Liberty: National Security, Freedom of Expression and Access to Information by : Joan Fitzpatrick

Download or read book Secrecy and Liberty: National Security, Freedom of Expression and Access to Information written by Joan Fitzpatrick and published by BRILL. This book was released on 2021-09-27 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The tension between national security and freedom of expression and information is both acute and multifaceted. Without national security, basic human rights are always at risk. On the other hand, the tendency of governing elites to confuse `the life of the nation' with their own survival has often resulted in excessive restrictions on expression and information, as well as other fundamental rights. A proper balance between secrecy and liberty requires a vigilant press and an independent judiciary. It also requires greater clarity than currently exists as to how competing rights and interests should be weighed. This book addresses that gap. Its centerpiece is a set of Principles drafted by a group of international and national law experts, many of whom contributed chapters, to guide governments, courts and international bodies in how to strike a proper balance. The Principles have been widely endorsed, among others by United Nations experts on freedom of expression and independence of judges and lawyers. Sixteen country studies - profiling, among other states, Albania, Chile, China, Egypt, France, Germany, India, Israel, Japan, Norway, South Africa, South Korea, Turkey, the United Kingdom, the United States, and the Federal Republic of Yugoslavia - explore the tremendous diversity of national security doctrines and the penal and other measures aimed at suppressing allegedly secret information and speech claimed to be subversive, separatist or otherwise dangerous. Five chapters examine the cases considered and approaches taken by the UN Human Rights Committee, three regional human rights bodies, and the European Court of Justice. A Commentary draws on the other chapters to support and elucidate the Principles, noting where they reflect an existing consensus and the points at which they attempt to elicit a more rights-protective approach.

National Security Bill

Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis National Security Bill by :

Download or read book National Security Bill written by and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The International Law of Human Rights and States of Exception

Author : Anna-Lena Svensson-McCarthy
Publisher : BRILL
ISBN 13 : 9004479317
Total Pages : 808 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The International Law of Human Rights and States of Exception by : Anna-Lena Svensson-McCarthy

Download or read book The International Law of Human Rights and States of Exception written by Anna-Lena Svensson-McCarthy and published by BRILL. This book was released on 2021-09-27 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.

The European Convention on Human Rights

Author : William A. Schabas
Publisher : Oxford University Press
ISBN 13 : 0191066761
Total Pages : 1433 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 1433 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.

Les exceptions aux articles 8-11 de la Convention européenne des droits de l'homme

Author : Steven C. Greer
Publisher : Council of Europe
ISBN 13 : 9789287133731
Total Pages : 70 pages
Book Rating : 4.1/5 (337 download)

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Book Synopsis Les exceptions aux articles 8-11 de la Convention européenne des droits de l'homme by : Steven C. Greer

Download or read book Les exceptions aux articles 8-11 de la Convention européenne des droits de l'homme written by Steven C. Greer and published by Council of Europe. This book was released on 1997-01-01 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: B. Table of cases

The Evolution of the European Convention on Human Rights

Author : Ed Bates
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.

Introduction to the European Convention on Human Rights

Author : Jean-François Renucci
Publisher : Council of Europe
ISBN 13 : 9789287157157
Total Pages : 132 pages
Book Rating : 4.1/5 (571 download)

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Book Synopsis Introduction to the European Convention on Human Rights by : Jean-François Renucci

Download or read book Introduction to the European Convention on Human Rights written by Jean-François Renucci and published by Council of Europe. This book was released on 2005-01-01 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.

Who Believes in Human Rights?

Author : Marie-Bénédicte Dembour
Publisher : Cambridge University Press
ISBN 13 : 1139459449
Total Pages : 8 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Who Believes in Human Rights? by : Marie-Bénédicte Dembour

Download or read book Who Believes in Human Rights? written by Marie-Bénédicte Dembour and published by Cambridge University Press. This book was released on 2006-10-19 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many people believe passionately in human rights. Others - Bentham, Marx, cultural relativists and some feminists amongst them - dismiss the concept of human rights as practically and conceptually inadequate. This book reviews these classical critiques and shows how their insights are reflected in the case law of the European Court of Human Rights. At one level an original, accessible and insightful legal commentary on the European Convention, this book is also a groundbreaking work of theory which challenges human rights orthodoxy. Its novel identification of four human rights schools proposes that we alternatively conceive of these rights as given (natural school), agreed upon (deliberative school), fought for (protest school) and talked about (discourse school). Which of these concepts we adopt is determined by particular ways in which we believe, or do not believe, in human rights.

National, European and Human Security

Author : Mary Martin
Publisher : Routledge
ISBN 13 : 0415680794
Total Pages : 194 pages
Book Rating : 4.4/5 (156 download)

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Book Synopsis National, European and Human Security by : Mary Martin

Download or read book National, European and Human Security written by Mary Martin and published by Routledge. This book was released on 2013 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how national security strategies relate to an emerging common European or global vision of security, and to human security ideas. Human security and national security are often regarded as competing and mutually antagonistic; the former was proposed and has been operationalised in ways which represent a paradigm shift away from state-centric approaches and the dominance of national-security perspectives. This has led to human security being associated with a broadening of the security agenda to encompass not only physical security, the use of force and military capabilities, but also the provision of material well-being and dignity to vulnerable communities. This edited volume seeks to identify key concepts and themes in the national discourse of several European countries, addressing security at a meta-narrative and conceptual level, illustrating the changes taking place in approaches to security, and in particular, mapping moves away from a paradigm of 'national security' to one which might be called 'human security'. It also enables an assessment of whether national security is currently converging at either European or global levels. This book will be of much interest to students of human security, European politics, discourse analysis, war and conflict studies, and IR/security studies in general.

The European Convention on Human Rights and Social Security Law

Author : Mel Cousins
Publisher :
ISBN 13 : 9789050957632
Total Pages : 0 pages
Book Rating : 4.9/5 (576 download)

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Book Synopsis The European Convention on Human Rights and Social Security Law by : Mel Cousins

Download or read book The European Convention on Human Rights and Social Security Law written by Mel Cousins and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a guide to social security issues considered by the Court of Human Rights and shows how the provisions of the Convention have been interpreted by European national courts. Elaborates on the concept of victim of violation, the right to life, rights in the case of inhuman or degrading treatment, and the prohibition of slavery and forced labour. Discusses social security as a possession, the respect for private and family life, home and correspondence, and the right to marry and have a family. Covers issues of non-discrimination, freedom of thought, conscience and religion, freedom of expression and of association, the liberty of movement, and freedom of residence. Considers access to the courts, and the relationship between the Convention and EU law.

Human Rights in the Council of Europe and the European Union

Author : Steven Greer
Publisher : Cambridge University Press
ISBN 13 : 1108647456
Total Pages : 562 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Human Rights in the Council of Europe and the European Union by : Steven Greer

Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer and published by Cambridge University Press. This book was released on 2018-03-29 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.

National Security, Public Health: Exceptions to Human Rights?

Author : Myriam Feinberg
Publisher : Routledge
ISBN 13 : 1317273176
Total Pages : 223 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis National Security, Public Health: Exceptions to Human Rights? by : Myriam Feinberg

Download or read book National Security, Public Health: Exceptions to Human Rights? written by Myriam Feinberg and published by Routledge. This book was released on 2017-10-02 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book deals with the complicated relationships between national security and human rights, and between public health and human rights. Its premise is the fact that national security and public health are both included in human rights instruments as ‘exceptions’ to the human rights therein sanctioned, yet they can arguably be considered as human rights themselves and be equally valuable. The book therefore asks to what extent the protection of the individual could – or should – be overridden to enable the protection of the national security or public health of the general public. Both practice and case law have shown that human rights risk being set aside when they clash with the protection of national security or public health. Through theoretical analysis and practical examples, the book addresses the conflicts that arise when the concepts of national security and public health are used – and abused – and other rights, including freedom of speech, procedural freedoms, individual health, are violated as a consequence. It provides many interesting findings on the values that states are ready to protect – and forego – to ensure their safety, which can contribute to the ongoing debate on the protection of human rights. This book was originally published as a special issue of The International Journal of Human Rights.

National Security and Investment Bill

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (123 download)

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Book Synopsis National Security and Investment Bill by :

Download or read book National Security and Investment Bill written by and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The European Convention on Human Rights and General International Law

Author : Anne van Aaken
Publisher : Oxford University Press
ISBN 13 : 0192565532
Total Pages : 353 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 353 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.

Privacy and Human Rights

Author : James Michael
Publisher : Aldershot, [England) : Dartmouth
ISBN 13 :
Total Pages : 218 pages
Book Rating : 4.X/5 (2 download)

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Book Synopsis Privacy and Human Rights by : James Michael

Download or read book Privacy and Human Rights written by James Michael and published by Aldershot, [England) : Dartmouth. This book was released on 1994 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The developments of communication technologies have been among the most spectacular in the recent years. These put major challenges for the protection of human rights and, in particular, the right to privacy. These also raise crucial ethical issues concerning the treatment, storing and access to information. This book aims at mapping the main questions in this area and presents some of the legal answers so far given.