Human Rights Monitoring Mechanisms of the Council of Europe

Author: Gauthier De Beco
Publisher: Routledge
ISBN: 0415581621
Format: PDF, ePub
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The book studies the human rights monitoring mechanisms of the Council of Europe. It provides an in-depth examination of six such mechanisms: the Commissioner for Human Rights, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (the CPT), the European Committee of Social Rights (the ECSR), the Advisory Committee on the Framework Convention for the Protection of National Minorities (the ACFC), the European Commission against Racism and Intolerance (ECRI) and the Committee of Experts of the European Charter for Regional or Minority Languages (the CECL). The human rights monitoring mechanisms of the Council of Europe seek to establish a permanent dialogue with governments to encourage them to better implement human rights treaties. They function principally through the use of national reports, on which basis they make recommendations, and may also visit or question states directly. The book looks at each mechanism in turn, discussing their composition, functions and working methods, as well as their relationship with other actors. It includes both a general discussion of the role of European human rights monitoring mechanisms as well as a comparative analysis of these mechanisms. The book aims to provide a clear understanding of the underlying approach of European human rights monitoring mechanisms and the challenges faced by them in terms of effectiveness. It will be useful for practitioners and students alike, especially those following courses in human rights or related fields.

Human Rights Law in Europe

Author: Kanstantsin Dzehtsiarou
Publisher: Routledge
ISBN: 1135971935
Format: PDF, ePub
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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.

The Right to Equality in European Human Rights Law

Author: Charilaos Nikolaidis
Publisher: Routledge
ISBN: 1317701372
Format: PDF, Docs
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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.

Human Rights Law in Europe

Author: Kanstantsin Dzehtsiarou
Publisher: Routledge
ISBN: 1135971935
Format: PDF, ePub, Mobi
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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.

The EU as a Global Player in Human Rights

Author: Jan Wetzel
Publisher: Routledge
ISBN: 1136455299
Format: PDF, ePub, Mobi
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The Treaty of Lisbon has endowed the EU with a normative human rights framework that confirms recognition as a fully-fledged regional mechanism for the protection of human rights. The aim of this book is to contribute to the growing discussion of the external human rights dimension of the European Union. Its theme sits at the crossroads between International and EU law, Human Rights, and Political Science. In moving beyond well-covered topics such as the protection of human rights within the EU, or their relevance for the accession of new Member States, this book asks the broader question of whether EU human rights law has any real relevance on a global scale. In total, The EU as a 'Global Player' in Human Rights gives an overview of the international relevance of EU human rights law by means of exemplary case-studies of the EU’s institutional and substantive protection of human rights, whilst consideration of non-European perspectives from China and Japan underline its global focus. This book will be of particular interest to researchers, students, and practitioners in International and European law, Human Rights Law, European studies and International Relations.

Children and International Human Rights Law

Author: Aisling Parkes
Publisher: Routledge
ISBN: 1135085269
Format: PDF, ePub
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The United Nations Convention on the Rights of the Child 1989 is one of the most highly ratified human rights treaties in the world, with 192 states currently signed up to it. Article Twelve is fundamental to the Convention and states that all children capable of forming views have the right to express those views, and recognises that all children have the right to be heard in any judicial and administrative proceedings affecting them. This book explores the historical and theoretical background to Article Twelve, and examines the various models of participation which have been created to facilitate a better understanding of this provision. Aisling Parkes analyzes the extent to which Article Twelve has been implemented under international law, and in domestic law, as well as setting-out recommendations for the most effective ways of implementing Article Twelve in all areas of children’s lives.

Human Rights in the Asia Pacific Region

Author: Hitoshi Nasu
Publisher: Routledge
ISBN: 1136717080
Format: PDF, Kindle
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The Asia-Pacific is known for having the least developed regional mechanisms for protecting human rights. This edited collection makes a timely and distinctive contribution to contemporary debates about building institutions for human rights protection in the Asia-Pacific region, in the wake of ASEAN’s establishment in 2009 of a sub-regional human rights commission. Drawing together leading scholarly voices, the book focuses on the systemic issue of institutionalising human rights protection in the Asia-Pacific. It critically examines the prospects for deepening and widening human rights institutions in the region, challenging the orthodox scepticism about whether the Asia-Pacific is "ready" for stronger human rights institutions and exploring the variety of possible forms that regional and sub-regional institutions might take. The volume also analyses the impediments to new institutions, whilst questioning the justifications for them. The collection provides a range of perspectives on the issues and many of the chapters bring interdisciplinary insights to bear. As such, the collection will be of interest to scholarly, practitioner, and student audiences in law, as well as to readers in international relations, political science, Asian studies, and human rights.

The Istanbul Convention Domestic Violence and Human Rights

Author: Ronagh McQuigg
Publisher: Routledge
ISBN: 1317313054
Format: PDF, ePub
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The Convention on Preventing and Combating Violence against Women and Domestic Violence (also known as the Istanbul Convention) was adopted by the Committee of Ministers of the Council of Europe on 7 April 2011. The Convention entered into force on 1 August 2014 and has currently been ratified by 22 states. This Convention constitutes a crucial development as regards the movement to combat gender-based violence, as it sets new legally binding standards in this area. This book provides a detailed analysis of the Convention and its potential to make an impact in relation to the specific issue of domestic violence. The book places the Istanbul Convention in context with regard to developments relating to domestic violence as a human rights issue. The background to the adoption of the Convention is examined, and the text of this instrument is analysed in detail. Comparative analysis is engaged in with reference to the duties that have been placed on states by other bodies such as the UN Committee on the Elimination of Discrimination against Women and the European Court of Human Rights. Comparisons are also drawn with the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women and with the relevant provisions of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. An in-depth examination of the advantages of the adoption of the Istanbul Convention by the Council of Europe is provided along with a detailed analysis of the challenges faced by the Convention. The book concludes with a number of brief reflections in relation to the question of whether the adoption of a UN convention on violence against women may be a possible development, and the potential such an instrument holds, in the context of domestic violence.

Surveillance Counter Terrorism and Comparative Constitutionalism

Author: Fergal Davis
Publisher: Routledge
ISBN: 1134095341
Format: PDF
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The decade after 11 September 2001 saw the enactment of counter-terrorism laws around the world. These laws challenged assumptions about public institutions, human rights and constitutional law. Those challenges are particularly apparent in the context of the increased surveillance powers granted to many law enforcement and intelligence agencies. This book brings together leading legal scholars in the field of counter-terrorism and constitutional law, and focuses their attention on the issue of surveillance. The breadth of topics covered in this collection include: the growth and diversification of mechanisms of mass surveillance, the challenges that technological developments pose for constitutionalism, new actors in the surveillance state (such as local communities and private organisations), the use of surveillance material as evidence in court, and the effectiveness of constitutional and other forms of review of surveillance powers. The book brings a strong legal focus to the debate surrounding surveillance and counter-terrorism, and draws important conclusions about the constitutional implications of the expansion of surveillance powers after 9/11.