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Prohibition Of Discrimination Under The European Convention On Human Rights
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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.
Book Synopsis The Prohibition of Discrimination Under European Human Rights Law by : Olivier De Schutter
Download or read book The Prohibition of Discrimination Under European Human Rights Law written by Olivier De Schutter and published by . This book was released on 2005 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Contemporary Issues in Human Rights Law by : Yumiko Nakanishi
Download or read book Contemporary Issues in Human Rights Law written by Yumiko Nakanishi and published by Springer. This book was released on 2017-10-05 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is published open access under a CC BY-NC-ND 4.0 license. This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another. The various chapters cover general fundamental rights and human rights issues in Europe and Asia as well as specific topics regarding the principles of nondiscrimination, women’s rights, the right to freedom of speech in Japan, and China’s Development Banks in Asia. Protection of human rights should be guaranteed in the international community, and research based on a comparative law approach is useful for the protection of human rights at a higher level. As the product of academic cooperation between ten professors of Japanese, Taiwanese, German, Italian, and Belgian nationalities, this work responds to such needs.
Book Synopsis The Right to Equality in European Human Rights Law by : Charilaos Nikolaidis
Download or read book The Right to Equality in European Human Rights Law written by Charilaos Nikolaidis and published by Routledge. This book was released on 2014-07-25 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
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.
Book Synopsis The European Convention on Human Rights by : Loukis Loucaides
Download or read book The European Convention on Human Rights written by Loukis Loucaides and published by BRILL. This book was released on 2007-10-15 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises 13 articles on topics drawn from the European Convention on Human Rights. The book provides the reader with interesting information on aspects of Human Rights explored for the first time and presented from a critical standpoint.
Book Synopsis Non-discrimination by : Council of Europe
Download or read book Non-discrimination written by Council of Europe and published by Council of Europe. This book was released on 2006-01-01 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication sets out the proceedings of a Council of Europe seminar held in Strasbourg in October 2005 to mark the entry into force of Protocol no. 12 to the European Convention on Human Rights. The seminar was organised to examine the challenges to the effective application of this Protocol which sets out a general prohibition of discrimination based on the equal dignity of all human beings, with the aim of promoting further ratifications by Council of Europe member states. Contributors to the seminar included government officials, European Court of Human Rights judges, members of the European Commission against Racism and Intolerance and of the European Committee of Social Rights, academic experts and NGO representatives.
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.
Book Synopsis The Concept of Discrimination in International Law by : E.W. Vierdag
Download or read book The Concept of Discrimination in International Law written by E.W. Vierdag and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was written as a dissertation for the Doctorate of Laws, University of Amsterdam. I am most grateful, first of all, to Professor A. J. P. Tammes, who acted as Promotor. Throughout my working at this study he managed to afford at the same time guidance, inspiration, and complete freedom. I have also benefited much from the suggestions and advice of Dr. Th. e. van Boven of the Dutch Ministry of Foreign Affairs, Member of the U.N. Commission on Human Rights, who was a very helpful Co referent. In earlier stages of the work, the critical remarks by Mr. S. A. Kuipers, Dr. H. Meijers and Miss J. M. van Wouw were of great im portance to me. So was the experience of participating in the program of graduate studies of the Columbia University School of Law, in I968- I969. lowe gratitude to the Amsterdam Law Faculty for having offered this opportunity to me. I am indebted to Miss Sinja Alma for her transforming a chaotic manuscript into a neat typescript in a most capable and patient manner; to Miss E. D. ]. ]ongens for her assistance in sorting out the United Nations documentation; and to Howard S. Gold (Gersono vitch), who was so kind as to correct the faults in my English. Since I went on tinkering with the text I am to blame for all linguistic errors in it. The research for this study was concluded in October, I972.
Book Synopsis Handbook on European Non-discrimination Law by :
Download or read book Handbook on European Non-discrimination Law written by and published by . This book was released on 2018 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides an overview of key aspects of non-discrimination law in Europe, with specific reference to the prohibition of discrimination provided in the Council of Europe’s European Convention on Human Rights (ECHR), as interpreted by the European Court of Human Rights (ECtHR), and the law of the European Union, as interpreted by the Court of Justice of the European Union (CJEU). The handbook acknowledges that the principle of non-discrimination is very important because it influences the enjoyment of all other human rights. The aim of non-discrimination law is to allow all individuals an equal and fair prospect to access opportunities available in a society. The handbook is designed to assist legal practitioners who are not specialised in the field of non-discrimination law, serving as an introduction to key issues involved. It is intended for lawyers, judges, prosecutors, social workers, as well as for persons who work with national authorities, non-governmental organisations (NGOs) and other bodies that deal with legal questions relating to issues of discrimination. The handbook may also be useful for legal research or public advocacy purposes. It is designed to permit practitioners to refer directly to specific sections/topics as required; it is not necessary to read the handbook as a whole. European non-discrimination law, as constituted in particular by the EU non-discrimination directives, and Article 14 of and Protocol 12 to the European Convention on Human Rights, prohibits discrimination across a range of contexts and grounds. This handbook examines European nondiscrimination law stemming from these two sources as complementary systems, drawing on them interchangeably to the extent that they overlap, while highlighting differences where these exist. It also contains references to other Council of Europe instruments, in particular the European Social Charter, as well as to relevant United Nations instruments. With the impressive body of case law by the European Court of Human Rights and the Court of Justice of the European Union in the non-discrimination field, it seems useful to present, in an accessible way, a handbook intended for legal practitioners - such as judges, prosecutors and lawyers, as well as lawenforcement officers - in the EU and Council of Europe member states and beyond.
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 . This book was released on 2014 with total page 554 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."--Bloomsbury Publishing.
Book Synopsis Impact of the European Convention on Human Rights in states parties by : Council of Europe
Download or read book Impact of the European Convention on Human Rights in states parties written by Council of Europe and published by Council of Europe. This book was released on 2016-11-01 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis The European Court of Human Rights in Facts and Figures by :
Download or read book The European Court of Human Rights in Facts and Figures written by and published by Council of Europe. This book was released on 2010 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: The importance of the European Court of Human Rights in the European judicial area and its influence beyond Europe's borders are indisputable. For over fifty years the Court's rulings have resulted in numerous changes to legislation and have helped strengthen the rule of law in the countries of wider Europe. This publication presents the Court's activities through country factsheets but also using a thematic approach based on the articles of the European Convention on Human Rights.
Book Synopsis Equality and Non-Discrimination under the European Convention on Human Rights by : Oddný Mjöll Arnadóttir
Download or read book Equality and Non-Discrimination under the European Convention on Human Rights written by Oddný Mjöll Arnadóttir and published by BRILL. This book was released on 2021-10-18 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The case-law of the European Court of Human Rights on discrimination under the Convention is typically considered to be unclear and conflicting. Against that background, new possibilities for more effective protection against discrimination are opening up through recent developments in the case-law on Article 14 and with the advent of the new Protocol 12 to the Convention. This study demonstrates that the 'objective and reasonable justification' test and convenional treatment of non-discrimination are not apt for dealing with these emerging new possibilities or for explaining the variations in existing case-law. It therefore suggests a new approach to dealing with protection against discrimination under the Convention, developed by focusing on variations in the strictness of objective justification review. This study proposes a more viable framework for understanding discrimination analysis under the Convention which includes an alternative interpretation of the burden of proof under Article 14 and a three-tiered model of factors that influences the strictness of review.
Book Synopsis The European Court of Human Rights by : Helmut P. Aust
Download or read book The European Court of Human Rights written by Helmut P. Aust and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The European Union as Protector and Promoter of Equality by : Thomas Giegerich
Download or read book The European Union as Protector and Promoter of Equality written by Thomas Giegerich and published by Springer Nature. This book was released on 2020-07-06 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles.
