Human Rights Monitoring Mechanisms of the Council of Europe

Author: Gauthier de Beco
Publisher: Routledge
ISBN: 1136667938
Format: PDF, Mobi
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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.

The Right to Equality in European Human Rights Law

Author: Charilaos Nikolaidis
Publisher: Routledge
ISBN: 1317701372
Format: PDF, Kindle
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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 European Court of Human Rights in the Post Cold War Era

Author: James A. Sweeney
Publisher: Routledge
ISBN: 1136159428
Format: PDF, ePub, Docs
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The European Court of Human Rights in the Post-Cold War Era: Universality in Transition examines transitional justice from the perspective of its impact on the universality of human rights, taking the jurisprudence of the European Court of Human Rights as its detailed case study. The problem is twofold: there are questions about differences in human rights standards between transitional and non-transitional situations, and about differences between transitions. The European Court has been a vital part of European democratic consolidation and integration for over half a century, setting meaningful standards and offering legal remedies to the individually repressed, the politically vulnerable, and the socially excluded. After their emancipation from Soviet influence in the 1990s, and with membership of the European Union in mind for many, the new democracies of Central and Eastern Europe flocked to the Convention system. The voluminous jurisprudence of the European Court of Human Rights can now give us some clear information about how an international human rights law regime can interact with transitional justice. The jurisprudence is divided between those cases concerning the human rights implications of explicitly transitional policies (such as lustration), and those that involve impacts upon specific democratic rights during the transition. The book presents a close examination of claims by states that transitional policies and priorities require a level of deference from the Strasbourg institutions. The book proposes that states’ claims for leeway from international human rights supervisory mechanisms during times of transition can be characterised not as arguments for cultural relativism, but for ‘transitional relativism’.

The Law and Practice of the European Social Committee

Author: Francesco Seatzu
Publisher: Routledge
ISBN: 9780415834650
Format: PDF, ePub
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In 2011 the European Social Charter, the first human rights treaty entirely devoted to economic, social and cultural rights celebrated its 50th anniversary. Since its inception, the instrument has undergone several fundamental changes, including a substantial revision in 1996 and the enactment of an additional Protocol on collective complaints in 1998. The developments have unleashed the most sophisticated mechanism to ensure the justiciability of economic and social rights in Europe. The European Committee of Social Rights established in the Charter, monitors and determines whether Member States conform to domestic law and whether their practice complies with the provisions of the Charter. The Committee examines a significant number of cases, and makes conclusions and decisions based on national reports and collective complaints. This book provides an overview of the institutional characteristics and functioning of the European Committee of Social Rights in light of its practice. The book examines the Committee's practice and interpretation of the substantive rights and freedoms set out in the Charter and its Protocol, as well as in the Revised Social Charter. The book evaluates the working methods of the European Committee and how it makes its assessments concerning the compatibility of domestic legislation and practice with the Charter rights. The European Committee of Social Rights is compared to other human rights instruments and institutions around the world as well as any interactions with these mechanisms in order to assess the impact and effectiveness of the European Committee of Social Rights. The book will be of interest to scholars and students of human rights law as well as socio-economic rights practitioners, and the judiciary.

The Human Rights of Children

Author: Antonella Invernizzi
Publisher: Routledge
ISBN: 1317028333
Format: PDF, ePub, Docs
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This volume provides a series of critical analyses of some of the contemporary debates in relation to the human rights of children, resituating them within visions which informed the text of the United Nations Convention on the Rights of the Child in 1989. The studies embrace examination of some of today's widespread interpretations of the CRC, analysis of what is implied by a human rights-based approach in research and advocacy and consideration of advances and barriers to research and to several aspects of CRC implementation. With contributions by leading experts in the field, the book examines the CRC as an international instrument, its inherent dilemmas and some of the debates generated by the challenges of implementation. It embraces examinations of different levels of governance from the international to the state party, regional and local levels, including institutional developments and changes in law, policy and practice. The book will be a valuable resource for students, researchers and policy-makers working in the area of children's rights and welfare.

The Long Way Back to Europe

Author: Bernd Rechel
Publisher:
ISBN:
Format: PDF
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The protection of minorities in Bulgaria presents a paradox. Although minority protection played a prominent role in the accession of the country to the European Union, hardly any positive minority rights were adopted in post-communist Bulgaria. Apart from the reversal of communist assimilation campaigns, only limited progress has been made in the area of minority protection. Positive minority rights have remained very restricted, some minorities, notably Pomaks and Macedonians, have been denied recognition, and the formal adoption of legislation or policy documents has often not been followed by implementation.By charting minority rights policies in Bulgaria in the period between 1989 and 2004, this study clarifies the main reasons for the limited progress in the post-communist period. While, in contrast to some other countries in Central and Eastern Europe, minority "kin-states" did not play a major role in post-communist Bulgaria, the European Union and the Council of Europe were instrumental in putting minority questions on the agenda of Bulgarian governments. However, their impact was smaller than much of the literature on enlargement and conditionality would suggest. Domestic factors were crucial in shaping minority rights policies in post-communist Bulgaria. Of particular importance was the communist legacy, which acted as a brake on the development of minority rights.

Kommunale Governance

Author: Helena Lindemann
Publisher: Mohr Siebeck
ISBN: 9783161534683
Format: PDF, ePub, Mobi
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Die rechtswissenschaftliche Analyse begreift Stadte bislang uberwiegend als rein nationalen Regelungsgegenstand. Demgegenuber stehen Entwicklungen wie die Verabschiedung spezieller UN-Deklarationen zu Stadten oder die durch die Weltbank initiierte und angeleitete Privatisierung der kommunalen Daseinsvorsorge in zahlreichen Schwellen- und Entwicklungslandern. Dies offnet den Blick fur einen volkerrechtlichen Zugriff auf das Thema "Stadt." Als programmatische Konzepte zur Stadtentwicklung normieren die Weltbank oder das UN-Siedlungsprogramm UN-Habitat in Stadtstrategien Prinzipien wie Partizipation, Dezentralisierung, Privatisierung oder Good Urban Governance. Im Zentrum der Arbeit steht neben der exemplarischen Analyse und einer ideologiekritischen Lesart die dogmatisch schwierige Einordnung dieser internationalen Stadtstrategien als Volkerrecht.

Polis Und Kosmopolis

Author: Giovanni Biaggini
Publisher:
ISBN: 9783848725304
Format: PDF
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Mit der groaen Festschrift "Polis und Kosmopolis" ehren Freunde und Kollegen den Volkerrechtler Prof. Dr. Daniel Thurer anlasslich seines 70. Geburtstages. Die einzelnen Beitrage kreisen um die beiden Grundthemen seines rechtswissenschaftlichen Werkes.