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.

Introduction to the European Convention on Human Rights

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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.

Manual on Human Rights and the Environment

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Publisher : Council of Europe
ISBN 13 : 9287159807
Total Pages : 90 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis Manual on Human Rights and the Environment by : Council of Europe

Download or read book Manual on Human Rights and the Environment written by Council of Europe and published by Council of Europe. This book was released on 2006-01-01 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The European Court of Human Rights

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Publisher : Edward Elgar Publishing
ISBN 13 : 1839108347
Total Pages : 296 pages
Book Rating : 4.8/5 (391 download)

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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.

Implementation of the European Convention on Human Rights and of the Judgments of the ECtHR in National Case-law

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Publisher :
ISBN 13 : 9781780682174
Total Pages : 0 pages
Book Rating : 4.6/5 (821 download)

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Book Synopsis Implementation of the European Convention on Human Rights and of the Judgments of the ECtHR in National Case-law by : Janneke Gerards

Download or read book Implementation of the European Convention on Human Rights and of the Judgments of the ECtHR in National Case-law written by Janneke Gerards and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book questions the correctness of these assumptions and aims for further study of them. This is done by disentangling and illuminating the different elements underlying the interrelationship between the Court and the national courts. The objective is to distinguish between the requirements set by the Court; the constitutional powers and competences of national courts to interpret and apply international law, in particular the Convention; the way in which these courts actually use these competences to deal with the Court's interpretative approaches; and the type of criticism that is levelled at the Court's case-law. These elements are studied from the perspective of the Court as well as from a national perspective, in particular for Belgium, France, Germany, the Netherlands, Sweden and the United Kingdom. Analysing these elements separately enables a fruitful assessment of their interrelationship and provides a sound basis for a constructive debate on the implementation of the Convention in national law, which is based on solid constitutional foundations rather than assumptions and intuitions. The current book is therefore of great interest to those who are interested in debates on the interrelationship between the Court and the states - scholars, as well as judges, policy makers and politicians - but also to those who take a more general interest in constitutional implementation mechanisms, judicial powers and judicial argumentation.

Canada in the World

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Publisher : Cambridge University Press
ISBN 13 : 1108419739
Total Pages : 483 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Canada in the World by : Richard Albert

Download or read book Canada in the World written by Richard Albert and published by Cambridge University Press. This book was released on 2018 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.

The Constitutional Relevance of the ECHR in Domestic and European Law

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Author :
Publisher : Intersentia Uitgevers N V
ISBN 13 : 9781780681184
Total Pages : 251 pages
Book Rating : 4.6/5 (811 download)

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Book Synopsis The Constitutional Relevance of the ECHR in Domestic and European Law by : Giorgio Repetto

Download or read book The Constitutional Relevance of the ECHR in Domestic and European Law written by Giorgio Repetto and published by Intersentia Uitgevers N V. This book was released on 2013 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.

The Last Utopia

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Publisher : Harvard University Press
ISBN 13 : 0674256522
Total Pages : 346 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Last Utopia by : Samuel Moyn

Download or read book The Last Utopia written by Samuel Moyn and published by Harvard University Press. This book was released on 2012-03-05 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Just Satisfaction under the European Convention on Human Rights

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Publisher : Cambridge University Press
ISBN 13 : 1107072360
Total Pages : 411 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Just Satisfaction under the European Convention on Human Rights by : Octavian Ichim

Download or read book Just Satisfaction under the European Convention on Human Rights written by Octavian Ichim and published by Cambridge University Press. This book was released on 2015 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most comprehensive account on the question of reparation before a human rights court.

The European Court of Human Rights and the Freedom of Religion or Belief

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Author :
Publisher : BRILL
ISBN 13 : 9004346902
Total Pages : 630 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The European Court of Human Rights and the Freedom of Religion or Belief by : Jeroen Temperman

Download or read book The European Court of Human Rights and the Freedom of Religion or Belief written by Jeroen Temperman and published by BRILL. This book was released on 2019-01-04 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the tensions involving religion and society increase, the European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analysis of the first twenty-five years of the European Court's religion jurisprudence. The Court is one of the most significant institutions confronting the interactions among states, religious groups, minorities, and dissenters. In the 25 years since its first religion case, Kokkinakis v. Greece, the Court has inserted itself squarely into the international human rights debate regarding the freedom of religion or belief. The authors demonstrate the positive contributions and the significant flaws of the Court's jurisprudence involving religion, society, and secularism.

Study on Obstacles to Effective Access of Irregular Migrants to Minimum Social Rights

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Author :
Publisher : Council of Europe
ISBN 13 : 9789287158796
Total Pages : 88 pages
Book Rating : 4.1/5 (587 download)

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Book Synopsis Study on Obstacles to Effective Access of Irregular Migrants to Minimum Social Rights by : Ryszard Ignacy Cholewinski

Download or read book Study on Obstacles to Effective Access of Irregular Migrants to Minimum Social Rights written by Ryszard Ignacy Cholewinski and published by Council of Europe. This book was released on 2005-01-01 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication examines the minimum level of social rights which illegal migrants are entitled to in Council of Europe countries, as well as obstacles to access. This is done in the light of the Council of Europe's concern to promote human rights, maintain social cohesion and prevent racism and xenophobia, in counterbalance to the more restrictive approach to illegal migration adopted by the EU. Topics covered are rights in relation to housing, education, social security, health, social and welfare services, fair employment conditions and residence rights.

A Theory of Interpretation of the European Convention on Human Rights

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Author :
Publisher : Oxford University Press
ISBN 13 :
Total Pages : 172 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis A Theory of Interpretation of the European Convention on Human Rights by : George Letsas

Download or read book A Theory of Interpretation of the European Convention on Human Rights written by George Letsas and published by Oxford University Press. This book was released on 2007-12-13 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of the European Convention on Human Rights aims at propounding an evaluative theory of interpretation for the Convention, and seeks to locate interpretive values within the history of the ECHR by surveying and analysing relevant judgements of the European Court of Human Rights.

Life's Dominion

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Publisher : Vintage
ISBN 13 : 0307787915
Total Pages : 289 pages
Book Rating : 4.3/5 (77 download)

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Book Synopsis Life's Dominion by : Ronald Dworkin

Download or read book Life's Dominion written by Ronald Dworkin and published by Vintage. This book was released on 2011-05-11 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Internationally renowned lawyer and philosopher Ronald Dworkin addresses the crucially related acts of abortion and euthanasia in a brilliantly original book that examines their meaning in a nation that prizes both life and individual liberty. From Roe v. Wade to the legal battle over the death of Nancy Cruzan, no issues have opened greater rifts in American society than those of abortion and euthanasia. At the heart of Life's Dominion is Dworkin's inquest into why abortion and euthanasia provoke such controversy. Do these acts violate some fundamental "right to life"? Or are the objections against them based on the belief that human life is sacred? Combining incisive moral reasoning and close readings of indicidual court decisions with a majestic interpretation of the U.S. Constitution itself, Dworkin gives us a work that is absolutely essential for anyone who cares about the legal status of human life.

Treaty Interpretation

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Publisher : Oxford University Press, USA
ISBN 13 : 0199669236
Total Pages : 577 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Treaty Interpretation by : Richard K. Gardiner

Download or read book Treaty Interpretation written by Richard K. Gardiner and published by Oxford University Press, USA. This book was released on 2015 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.

Definition and Development of Human Rights and Popular Sovereignty in Europe

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Publisher : Council of Europe
ISBN 13 : 9789287171344
Total Pages : 236 pages
Book Rating : 4.1/5 (713 download)

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Book Synopsis Definition and Development of Human Rights and Popular Sovereignty in Europe by : European Commission for Democracy through Law

Download or read book Definition and Development of Human Rights and Popular Sovereignty in Europe written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 2011-01-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?

The Margin of Appreciation

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Publisher : Council of Europe
ISBN 13 : 9287143501
Total Pages : 60 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis The Margin of Appreciation by : Steven C. Greer

Download or read book The Margin of Appreciation written by Steven C. Greer and published by Council of Europe. This book was released on 2000-01-01 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term 'margin of appreciation' has been used for some time to refer to the room for manoeuvre that the Strasbourg institutions are prepared to accord national authorities in fulfilling some of their principal obligations under the European Convention for Human Rights. This document proposes how the meaning of the term may be given greater clarity, coherence and consistency.

The Inter-American Court of Human Rights

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Publisher : Dartmouth Publishing Company
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Inter-American Court of Human Rights by : Scott Davidson

Download or read book The Inter-American Court of Human Rights written by Scott Davidson and published by Dartmouth Publishing Company. This book was released on 1992 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes and analyzes the structure, procedure, practice and emerging jurisprudence of the Inter-American Court of Human Rights. The form and functions of the Court are considered in the context of the Inter-American system as a whole, and the development of its contentious and advisory jurisdictions is discussed in detail. Particular attention is devoted to the Court's present contribution to the corpus of international human rights law, in which parallels are drawn with other analogous institutions where appropriate. Finally, an attempt is made to identify the ideological assumptions which influence the Court's emerging jurisprudence and an assessment is made of the Court's future prospects. While the structure of the court and its jurisprudence lie broadly within traditional concepts of international human rights law, there are certain distinctive features which emanate from the geo-political and socio-economic context within which the Court functions. These factors are considered as an integral part of the work.