The Right To Equality In European Human Rights Law

Author : Charilaos Nikolaidis
Publisher : Routledge
Page : 238 pages
File Size : 41,7 Mb
Release : 2014-07-25
Category : Law
ISBN : 9781317701385

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The Right to Equality in European Human Rights Law by Charilaos Nikolaidis Pdf

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.

Author : Charilaos Nikolaidis
Publisher : Routledge
Page : 278 pages
File Size : 45,6 Mb
Release : 2014-07-25
Category : Law
ISBN : 9781317701378

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The Right to Equality in European Human Rights Law by Charilaos Nikolaidis Pdf

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.

Author : Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley
Publisher : Unknown
Page : 1015 pages
File Size : 55,5 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 : 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 : Facchi, Alessandra,Falcetta, Silvia,Riva, Nicola
Publisher : Edward Elgar Publishing
Page : 160 pages
File Size : 47,5 Mb
Release : 2022-03-22
Category : Political Science
ISBN : 9781788117036

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An Introduction to Fundamental Rights in Europe by Facchi, Alessandra,Falcetta, Silvia,Riva, Nicola Pdf

This is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Key features include: • A combination of historical and philosophical approaches with analysis of significant legal cases • A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject • A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity

Author : Yumiko Nakanishi
Publisher : Springer
Page : 218 pages
File Size : 42,6 Mb
Release : 2017-10-05
Category : Law
ISBN : 9789811061295

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Contemporary Issues in Human Rights Law by Yumiko Nakanishi Pdf

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.

Author : Elise Muir
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 49,7 Mb
Release : 2018
Category : Law
ISBN : 9780198814665

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EU Equality Law by Elise Muir Pdf

The European Union is a supranational organisation with a set of circumscribed powers. Although these powers do not include an all-encompassing fundamental rights' mandate, today's existential challenges - from economic to refugee crisis, via concerns for compliance with the rule of law in some of its Member States - increase the pressure on the EU to develop tools for protection and promotion of such rights. One way of addressing the tension between the lack of a general mandate and vivid calls for protection is for the EU to focus on selected fundamental rights which it has competence to regulate. One such example is EU law on the fundamental right to equal treatment that has blossomed since the late 1990s. In developing selected fundamental right policies that can be imposed on domestic actors, as EU law does, supranational intervention needs to be carefully tailored to the plural landscape where they are intended to flourish. This monograph calls for a nuanced use of the infrastructure of EU law to convey shared values at domestic level across Europe.

Author : Bríd Moriarty,Anne-Marie Mooney Cotter
Publisher : Oxford University Press, USA
Page : 316 pages
File Size : 50,9 Mb
Release : 2004
Category : Law
ISBN : UOM:39015060060574

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Human Rights Law by Bríd Moriarty,Anne-Marie Mooney Cotter Pdf

Owing to the incorporation of the ECHR into Irish domestic law, practitioners will increasingly be asked to advise on Human Rights issues. An understanding of the changing hierarchy of Human Rights norms is essential. Human Rights Law seeks to provide this understanding. Human Rights Law is in three parts. Part I provides an overview of the various levels of Human Rights protection. It is particularly concerned with sources of Human Rights Law as they interact in Irish Human Rights Law. There are chapters on human rights as protected by Irish domestic law, the European Convention of Human Rights (ECHR) Law and European Union (EU) Law, as well as an overview of International Human Rights norms. Part II is concerned with substantive Human Rights Law and discusses key Human Rights. A unique feature of this work is that each right is considered from the perspective of Irish, ECHR and EU law. There are chapters on the right to life and bodily integrity, the right to privacy and to found a family, freedom of expression, due process and equality. Another chapter examines the right to life, freedom of expression, and equality from the North American perspective. A chapter is also devoted to refugee law and practice, a growing area of practice in this jurisdiction. Part III concerns Human Rights in practice and deals with issues such as how a practitioner recognises the human rights dimension in a case.

Author : Dan Friedmann,Daphne Barak-Erez
Publisher : Hart Publishing
Page : 416 pages
File Size : 42,9 Mb
Release : 2001
Category : Law
ISBN : 9781841132136

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Human Rights in Private Law by Dan Friedmann,Daphne Barak-Erez Pdf

In this book the expansion of human right legislation in national and international law is examined from theoretical and comparative perspectives.

Author : Jan Wouters,Manfred Nowak,Anna-Luise Chané,Nicolas Hachez
Publisher : Oxford University Press
Page : 672 pages
File Size : 50,5 Mb
Release : 2020-12-17
Category : Law
ISBN : 9780192543936

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The European Union and Human Rights by Jan Wouters,Manfred Nowak,Anna-Luise Chané,Nicolas Hachez Pdf

With the adoption of the Lisbon Treaty, the profile of human rights issues has greatly risen in relation to EU policies, whether internal or external. The EU has thereby made the commitment to ensure that all its actions are compliant with human rights, and seek to promote them. Yet, the EU's commitment has come under scrutiny, not only for its ground-breaking character, but also because recent events have put it to the test. This volume has been designed to take stock of these developments, to comprehensively discuss the conceptualization and operationalization of the EU's commitment to human rights throughout the EU's relationships, policies, actions and legislative activity, and to critically assess its outcome. This title is divided into four parts: 'Framework' presents the issues related to human rights promotion by the EU; 'Actors' delves into the relationships that play a part, at home or abroad, in regards to human rights policies and judgements; 'Policies' takes a case-study approach and systematically reviews a range of EU internal and external policies to assess their human rights impact and implementation; and finally, 'Strategies' provides an integrated assessment of the design and implementation of the EU's commitment to human rights. This book brings together essays from around the world, each discussing different aspects of EU commitment, and evaluating the extent to which the EU is delivering on it. Each chapter provides an introduction to the state of affairs, discusses opportunities and challenges, and provides recommendations. As such, it is an essential reference book on human rights policies throughout the EU and their impact throughout the world.

Author : Jill Marshall
Publisher : BRILL
Page : 244 pages
File Size : 49,7 Mb
Release : 2008-10-29
Category : Law
ISBN : 9789047412083

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Personal Freedom through Human Rights Law? by Jill Marshall Pdf

By analysing the European Court of Human Rights’ jurisprudence and philosophical debates on personal autonomy, identity and integrity, the book offers a critical analysis of the possibility of different versions of personal freedom emerging in the case law which may restrict rather than enhance personal freedom.

Author : Thomas Giegerich
Publisher : Springer Nature
Page : 493 pages
File Size : 53,6 Mb
Release : 2020-07-06
Category : Law
ISBN : 9783030437640

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The European Union as Protector and Promoter of Equality by Thomas Giegerich Pdf

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.

Author : Olivier De Schutter
Publisher : Unknown
Page : 58 pages
File Size : 41,6 Mb
Release : 2005
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN : 928949171X

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The Prohibition of Discrimination Under European Human Rights Law by Olivier De Schutter Pdf

Author : Niamh Reilly
Publisher : Springer
Page : 0 pages
File Size : 42,9 Mb
Release : 2019-11-08
Category : Law
ISBN : 9811089043

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International Human Rights of Women by Niamh Reilly Pdf

This book provides a comprehensive introduction to the broad spectrum of human rights issues and violations as they are experienced by women and sexual minorities across civil, political, social, economic, and/or cultural domains, in different regions, countries, and contexts. It offers cogent summaries of concepts, debates, and trends vital to understanding the field and informing practice to advance the human rights of women. The book looks into such issues as: persistent discrimination in political and economic life; gender-based violence in public and private spheres; obstacles to reproductive and maternal human rights; threats to women human rights defenders; discrimination and violence against LGBT people; violations of women's human rights in conflict situations; and the nexus between sustainable development goals, climate change, and the human rights of women. It also addresses human rights violations in the name of culture or religion, and the challenges in realising the human rights of girls. Finally, the volume showcases effective strategies to advance the human rights of women in the form of national remedial measures and through engagement with international and regional human rights bodies and mechanisms.

Author : Johan vande Lanotte,Jeremy Serkin,Yves Haeck
Publisher : Maklu
Page : 276 pages
File Size : 54,7 Mb
Release : 2001
Category : Law
ISBN : 9062157556

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The Principle of Equality by Johan vande Lanotte,Jeremy Serkin,Yves Haeck Pdf

The right to equal treatment is undoubtedly one of the most fundamental human rights. As such, it can be found in international human rights treaties, in constitutions and in national legislation. In this book the principle of equality is analysed from different angles, bearing in mind the South African and Belgian experiences in this area. Firstly, a general overview is given of the different sources of human rights law in the Belgian and South African legal system, the relation between international and national law, the direct applicability and third party-applicability of rights and freedoms in the legal order(s), and the implementation mechanisms available both in Belgium and South Africa. Secondly, the principle of equality, as found in the Belgian Constitution, in the European Convention on Human Rights and in the South African Constitution, and the South African Antidiscrimination Bill are analyzed. Finally, the principle of equality is being studied from a thematic perspective, i.e. with regard to the use of languages and from a gender perspective. The book is concluded with a contribution on the access to medical and health care in South Africa.