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Article 15 of the European Convention on Human Rights allows States, in time of "war or other public emergency threatening the life of the nation", to take measures derogating from their obligations to protect human rights. This brief monograph by a member of the Registry of the European Court of Human Rights offers a personal view on the possibilities of derogation in practice. Its aim is to inform discussion on the relevance today of Article 15 as part of the Convention system. Its main focus is on armed conflict both international and non-international and on terrorism. It makes proposals to breathe new life into Article 15.
Book Synopsis Thoughts on Article 15 of the European Convention on Human Rights by : Peter Kempees
Download or read book Thoughts on Article 15 of the European Convention on Human Rights written by Peter Kempees and published by Wolf Legal Publishers. This book was released on 2017-02-01 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 15 of the European Convention on Human Rights allows States, in time of "war or other public emergency threatening the life of the nation", to take measures derogating from their obligations to protect human rights. This brief monograph by a member of the Registry of the European Court of Human Rights offers a personal view on the possibilities of derogation in practice. Its aim is to inform discussion on the relevance today of Article 15 as part of the Convention system. Its main focus is on armed conflict both international and non-international and on terrorism. It makes proposals to breathe new life into Article 15.
Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.
Book Synopsis Courting Gender Justice by : Lisa McIntosh Sundstrom
Download or read book Courting Gender Justice written by Lisa McIntosh Sundstrom and published by Oxford University Press. This book was released on 2019-02-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.
This book analyses the law of the European Convention on Human Rights as relevant to the exercise of ‘hard power’, which expression includes armed conflict, belligerent occupation, peacekeeping and peace-enforcing, anti-terrorism and anti-piracy operations, hybrid warfare, cyber-attack and targeted assassination.
Book Synopsis “Hard Power” and the European Convention on Human Rights by : Peter Kempees
Download or read book “Hard Power” and the European Convention on Human Rights written by Peter Kempees and published by BRILL. This book was released on 2020-11-16 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the law of the European Convention on Human Rights as relevant to the exercise of ‘hard power’, which expression includes armed conflict, belligerent occupation, peacekeeping and peace-enforcing, anti-terrorism and anti-piracy operations, hybrid warfare, cyber-attack and targeted assassination.
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 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.
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 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.
This collection offers the reader an exposition and critical analysis of certain human rights, such as the right to information and to personality. Some human rights issues of legal and also of political significance, including the protection of human rights pending the settlement of related political issues, are also examined. There is an emphasis on novel or debatable aspects which have hitherto been insufficiently explored, such as the scope of civil servants' freedom of speech, the expulsion of settlers from occupied territories, and whether the test of state responsibility for violations of human rights is objective or subjective. Most of the topics are examined in the context of the European Convention on Human Rights and, where relevant, reference is made to U.S. Supreme Court case law and international law. The book is intended for lawyers having a special interest in human rights.
Book Synopsis Essays on the Developing Law of Human Rights by : Loukis Loucaides
Download or read book Essays on the Developing Law of Human Rights written by Loukis Loucaides and published by BRILL. This book was released on 2021-09-27 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers the reader an exposition and critical analysis of certain human rights, such as the right to information and to personality. Some human rights issues of legal and also of political significance, including the protection of human rights pending the settlement of related political issues, are also examined. There is an emphasis on novel or debatable aspects which have hitherto been insufficiently explored, such as the scope of civil servants' freedom of speech, the expulsion of settlers from occupied territories, and whether the test of state responsibility for violations of human rights is objective or subjective. Most of the topics are examined in the context of the European Convention on Human Rights and, where relevant, reference is made to U.S. Supreme Court case law and international law. The book is intended for lawyers having a special interest in human rights.
Book Synopsis Human Rights in Europe by : Arthur Henry Robertson
Download or read book Human Rights in Europe written by Arthur Henry Robertson and published by . This book was released on 1993 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour.
Book Synopsis The Universal Declaration of Human Rights by :
Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Permanent States of Emergency and the Rule of Law explores the impact that oxymoronic 'permanent' states of emergency have on the validity and effectiveness of constitutional norms and, ultimately, constituent power. It challenges the idea that many constitutional orders are facing permanent states of emergency due to the 'objective nature' of threats facing modern states today, arguing instead that the nature of a threat depends upon the subjective assessment of the decision-maker. In light of this, it further argues that robust judicial scrutiny and review of these decisions is required to ensure that the temporariness of the emergency is a legal question and that the validity of constitutional norms is not undermined by their perpetual suspension. It does this by way of a narrower conception of the rule of law than standard accounts in favour of judicial review of emergency powers in the literature, which tend to be based on the normative value of human rights. In so doing it seeks to refute the fundamental constitutional challenge posed by Carl Schmitt: that all state power cannot be constrained by law.
Book Synopsis Permanent States of Emergency and the Rule of Law by : Alan Greene
Download or read book Permanent States of Emergency and the Rule of Law written by Alan Greene and published by Bloomsbury Publishing. This book was released on 2018-04-05 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Permanent States of Emergency and the Rule of Law explores the impact that oxymoronic 'permanent' states of emergency have on the validity and effectiveness of constitutional norms and, ultimately, constituent power. It challenges the idea that many constitutional orders are facing permanent states of emergency due to the 'objective nature' of threats facing modern states today, arguing instead that the nature of a threat depends upon the subjective assessment of the decision-maker. In light of this, it further argues that robust judicial scrutiny and review of these decisions is required to ensure that the temporariness of the emergency is a legal question and that the validity of constitutional norms is not undermined by their perpetual suspension. It does this by way of a narrower conception of the rule of law than standard accounts in favour of judicial review of emergency powers in the literature, which tend to be based on the normative value of human rights. In so doing it seeks to refute the fundamental constitutional challenge posed by Carl Schmitt: that all state power cannot be constrained by law.
Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.
Book Synopsis Counter-Terrorism by : Ana María Salinas de Frías
Download or read book Counter-Terrorism written by Ana María Salinas de Frías and published by Oxford University Press. This book was released on 2012-01-19 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.
