The Right To Life In European Constitutional And International Case Law

Author : Bertrand Mathieu,Council of Europe
Publisher : Council of Europe
Page : 128 pages
File Size : 44,9 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789287158673

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The Right to Life in European Constitutional and International Case-law by Bertrand Mathieu,Council of Europe Pdf

The right to life is the prime individual right in treaty and constitution systems of fundamental rights. The whole approach to protecting this right has changed considerably with scientific and medical advances. Whereas traditionally the concern was to protect life from all threats, today there is the additional very prominent issue of human, scientific and medical intervention in the life-giving process in such forms as abortion, medically assisted procreation, embryo research, cloning and euthanasia. This comparative analysis of the case law of Europes constitutional courts and the Council of Europes European Court of Human Rights examines the nature and scope of the right to life in order to determine whether there is a common legal approach to the question in Europe

Author : Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley
Publisher : Unknown
Page : 1015 pages
File Size : 44,5 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 : Bertrand G. Ramcharan
Publisher : Martinus Nijhoff Publishers
Page : 386 pages
File Size : 43,7 Mb
Release : 1985-06-03
Category : Political Science
ISBN : 9789024730742

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The Right to Life in International Law by Bertrand G. Ramcharan Pdf

This collection of essays is the outcome of the proceedings of the Centre for Research and Study in International Law and International Relations of the Hague Academy of International Law in the summer of 1983.

Author : Mireille Delmas-Marty
Publisher : BRILL
Page : 364 pages
File Size : 47,6 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004478909

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The European Convention for the Protection of Human Rights by Mireille Delmas-Marty Pdf

The reason of State plays an important role under the European Convention for the Protection of Human Rights and Fundamental Freedoms. Not only does Article 15 authorize States to take measures derogating from their obligations under the Convention `in time of war or other public emergency, threatening the life of the nation'; most of the rights and liberties defined in the Convention are subject to escape clauses as well. This book demonstrates first that the `system' of the Convention is much more ambiguous than could have been expected. Secondly, it shows, on the basis of study carried out in most of the Member States of the Council of Europe, that a certain resistance exists to the Convention. Neither the ambiguity of the European system, nor the resistance of States to the system must be overlooked. These should not, however, conceal the dynamics of the Europe/States relationship which could well lead to a more `reasoned' conception of the reason of State. Has a `Europe of human rights' begun to develop through the complex interplay of national and European norms? This is the question raised in this fascinating book. Mireille Delmas-Marty is professor of Law at the Université de Paris 1 (Panthéon -- Sorbonne) and Director of the Section de Sciences Criminelles of the Institute of Comparative Law in Paris.

Author : Anja Seibert-Fohr,Mark E. Villiger
Publisher : Routledge
Page : 322 pages
File Size : 43,5 Mb
Release : 2017-05-15
Category : Political Science
ISBN : 9781317110132

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Judgments of the European Court of Human Rights – Effects and Implementation by Anja Seibert-Fohr,Mark E. Villiger Pdf

This volume deals with the domestic effects of judgments of the European Court of Human Rights as a challenge to the various levels of legal orders in Europe. The starting point is the divergent impact of the ECtHR’s jurisdiction within the Convention States. The volume seeks new methods of orientation at the various legal levels, given the fact that the Strasbourg case law is increasingly important for most areas of society. Topical tendencies in the case law of the Court are highlighted and discussed against the background of the principle of subsidiarity. The book includes a detailed analysis of the scope, reach, consequences and implementation of the Court’s judgments and of the issue of concomitant damages. At the same time the volume deals with the role of domestic jurisdictions in implementing the ECtHR’s judgments. Distinguished Judges, legal academics and practitioners from various Council of Europe States are among the contributors to this volume, which succeeds in bringing divergent points of view into the discussion and in developing strategies for conflict resolution.

Author : Richard Albert,David R. Cameron
Publisher : Cambridge University Press
Page : 483 pages
File Size : 52,6 Mb
Release : 2017-11-02
Category : Law
ISBN : 9781108419734

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Canada in the World by Richard Albert,David R. Cameron Pdf

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.

Author : Giorgio Repetto
Publisher : Intersentia Uitgevers N V
Page : 251 pages
File Size : 54,6 Mb
Release : 2013
Category : Law
ISBN : 1780681186

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The Constitutional Relevance of the ECHR in Domestic and European Law by Giorgio Repetto Pdf

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.

Author : Andrea Carcano
Publisher : Unknown
Page : 304 pages
File Size : 55,7 Mb
Release : 2020
Category : Law
ISBN : 8892133098

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Notable Cases of the European Court of Human Rights on the Right to Life by Andrea Carcano Pdf

Author : Bríd Moriarty,Anne-Marie Mooney Cotter
Publisher : Oxford University Press, USA
Page : 316 pages
File Size : 42,8 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 : Anonim
Publisher : Unknown
Page : 32 pages
File Size : 52,9 Mb
Release : 1978
Category : Civil rights
ISBN : OCLC:467193920

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The Universal Declaration of Human Rights by Anonim Pdf

Author : Steven Greer,Janneke Gerards,Rose Slowe
Publisher : Cambridge University Press
Page : 561 pages
File Size : 48,5 Mb
Release : 2018-03-29
Category : Law
ISBN : 9781107025509

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Human Rights in the Council of Europe and the European Union by Steven Greer,Janneke Gerards,Rose Slowe Pdf

Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 43,7 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 : Nanette A. Neuwahl,Allan Rosas
Publisher : BRILL
Page : 351 pages
File Size : 51,5 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004482425

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The European Union and Human Rights by Nanette A. Neuwahl,Allan Rosas Pdf

Author : Rebecca J. Cook,Joanna N. Erdman,Bernard M. Dickens
Publisher : University of Pennsylvania Press
Page : 482 pages
File Size : 46,5 Mb
Release : 2014-08-13
Category : Political Science
ISBN : 9780812209990

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Abortion Law in Transnational Perspective by Rebecca J. Cook,Joanna N. Erdman,Bernard M. Dickens Pdf

It is increasingly implausible to speak of a purely domestic abortion law, as the legal debates around the world draw on precedents and influences of different national and regional contexts. While the United States and Western Europe may have been the vanguard of abortion law reform in the latter half of the twentieth century, Central and South America are proving to be laboratories of thought and innovation in the twenty-first century, as are particular countries in Africa and Asia. Abortion Law in Transnational Perspective offers a fresh look at significant transnational legal developments in recent years, examining key judicial decisions, constitutional texts, and regulatory reforms of abortion law in order to envision ways ahead. The chapters investigate issues of access, rights, and justice, as well as social constructions of women, sexuality, and pregnancy, through different legal procedures and regimes. They address the promises and risks of using legal procedure to achieve reproductive justice from different national, regional, and international vantage points; how public and courtroom debates are framed within medical, religious, and human rights arguments; the meaning of different narratives that recur in abortion litigation and language; and how respect for women and prenatal life is expressed in various legal regimes. By exploring how legal actors advocate, regulate, and adjudicate the issue of abortion, this timely volume seeks to build on existing developments to bring about change of a larger order. Contributors: Luis Roberto Barroso, Paola Bergallo, Rebecca J. Cook, Bernard M. Dickens, Joanna N. Erdman, Lisa M. Kelly, Adriana Lamačková, Julieta Lemaitre, Alejandro Madrazo, Charles G. Ngwena, Rachel Rebouché, Ruth Rubio-Marín, Sally Sheldon, Reva B. Siegel, Verónica Undurraga, Melissa Upreti.

Author : Ana Salinas de Frias
Publisher : Council of Europe
Page : 461 pages
File Size : 55,9 Mb
Release : 2013-04-01
Category : Political Science
ISBN : 9789287176851

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Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights by Ana Salinas de Frias Pdf

Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.