Law Of The European Convention On Human Rights

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 40,9 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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

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.

Author : David John Harris,Michael O'Boyle,Colin Warbrick
Publisher : Lexis Law Publishing (Va)
Page : 828 pages
File Size : 53,5 Mb
Release : 1995
Category : Law
ISBN : UOM:39015037779694

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Law of the European Convention on Human Rights by David John Harris,Michael O'Boyle,Colin Warbrick Pdf

2. The right to marry

Author : Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara
Publisher : Routledge
Page : 248 pages
File Size : 54,9 Mb
Release : 2014-03-21
Category : Law
ISBN : 9781135971861

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Human Rights Law in Europe by Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara Pdf

This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.

Author : Steven Greer
Publisher : Cambridge University Press
Page : 33 pages
File Size : 49,9 Mb
Release : 2006-11-30
Category : Law
ISBN : 9781139461962

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The European Convention on Human Rights by Steven Greer Pdf

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.

Author : William A. Schabas
Publisher : Oxford University Press
Page : 1414 pages
File Size : 49,7 Mb
Release : 2015-09-24
Category : Law
ISBN : 9780191066764

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The European Convention on Human Rights by William A. Schabas Pdf

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.

Author : Malgosia Fitzmaurice,Panos Merkouris
Publisher : Martinus Nijhoff Publishers
Page : 304 pages
File Size : 47,5 Mb
Release : 2012-12-07
Category : Law
ISBN : 9789004242814

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The Interpretation and Application of the European Convention of Human Rights by Malgosia Fitzmaurice,Panos Merkouris Pdf

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

Author : Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley
Publisher : Unknown
Page : 1015 pages
File Size : 50,5 Mb
Release : 2008
Category : Law
ISBN : 9780199277469

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European Human Rights Law by Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley Pdf

The third edition of European Human Rights Law: Text and Materials has been substantially expanded to provide a complete review of the wide range of rights the Convention protects, with new chapters on the right to life, property, discrimination, religious freedom, and education. The book introduces both the process and the substance of this increasingly important area of European law. A broad selection of extracts from essential cases and materials is accompanied by stimulating commentary that guides the reader through the legal rules and court system that have evolved in Strasbourg, how the court works, and how European human rights law is enforced both at the national and international level. European human rights law is also placed into a useful comparative framework alongside human rights cases decided by courts in the United States, Canada, and elsewhere. This third edition has been extensively updated to cover the major developments of recent years, including the reform of the European Court of Human Rights and the expansion of the system to central and eastern Europe.

Author : Donna Gomien
Publisher : Council of Europe
Page : 184 pages
File Size : 51,5 Mb
Release : 2005-01-01
Category : Political Science
ISBN : 9789287156709

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Short Guide to the European Convention on Human Rights by Donna Gomien Pdf

This third edition of the Short Guide, which covers developments to the end of 2003, provides a concise overview of the basic rights guaranteed by the Council of Europe's Convention on Human Rights, and the case-law relating to these rights. The publication also details the procedures followed by the European Court of Human Rights when handling applications under the Convention, and the role of the Committee of Ministers as a supervisory organ in giving force to the judgments of the Court.

Author : Council of Europe
Publisher : Unknown
Page : 100 pages
File Size : 55,9 Mb
Release : 2018-10-05
Category : Electronic
ISBN : 9287186103

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An Introduction to the European Convention on Human Rights by Council of Europe Pdf

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.

Author : David Harris,Michael O'Boyle,Ed Bates,Carla M. Buckley
Publisher : Oxford University Press
Page : 1082 pages
File Size : 54,9 Mb
Release : 2023-03-16
Category : Electronic
ISBN : 9780198862000

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Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights by David Harris,Michael O'Boyle,Ed Bates,Carla M. Buckley Pdf

Now in its fifth edition, Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights remains an indispensable resource for undergraduates, postgraduates, and practitioners alike. The new edition builds on the strengths of previous editions, providing an up-to-date, clear, and comprehensive account of Strasbourg case law and its underlying principles. It sets out and critically analyses each Convention article (including those addressed by relevant Protocols), and thoroughly examines the system of supervision. The book also addresses the pressures and challenges facing the Strasbourg system in the twenty-first century.Digital formatsThis fifth edition is available for students and institutions to purchase in a variety of formats.The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks

Author : J. G. Merrills
Publisher : Manchester University Press
Page : 354 pages
File Size : 44,9 Mb
Release : 1993
Category : Civil rights
ISBN : 0719045606

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The Development of International Law by the European Court of Human Rights by J. G. Merrills Pdf

The rule of law.

Author : Anne van Aaken,Iulia Motoc
Publisher : European Society of Internatio
Page : 353 pages
File Size : 41,8 Mb
Release : 2018-10-11
Category : Law
ISBN : 9780198830009

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The European Convention on Human Rights and General International Law by Anne van Aaken,Iulia Motoc Pdf

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.

Author : Frédéric Edel,Council of Europe
Publisher : Council of Europe
Page : 156 pages
File Size : 46,5 Mb
Release : 2010-01-01
Category : Political Science
ISBN : 9287168172

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Prohibition of Discrimination Under the European Convention on Human Rights by Frédéric Edel,Council of Europe Pdf

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.

Author : J. L. Murdoch
Publisher : Council of Europe
Page : 144 pages
File Size : 45,5 Mb
Release : 2002-01-01
Category : Political Science
ISBN : 9287150192

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Article 5 of the European Convention on Human Rights by J. L. Murdoch Pdf

Author : Donna Gomien,David John Harris,Leo Zwaak
Publisher : Manhattan Publishing Company
Page : 488 pages
File Size : 54,7 Mb
Release : 1996
Category : Law
ISBN : UVA:X004041956

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Law and Practice of the European Convention on Human Rights and the European Social Charter by Donna Gomien,David John Harris,Leo Zwaak Pdf

Council of Europe Publishing brings together in one book a comprehensive explanation of the two main human rights texts encompassing both civil & political rights & economic, social & cultural rights: the European Convention on Human Rights & the European Social Charter. This book explains both the substantive legal standards contained in the Convention & the Charter & the means by which those standards evolve in response to a changing Europe. In the form of over 300 case studies, it brings to life concrete situations in which these rights have been questioned & defended. This book is targeted at university students in international law & at all those interested in the human rights challenge in Europe. But it also sheds light on similarities with other national structures, in the US & in a number of Commonwealth countries.