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Proving Discriminatory Violence at the European Court of Human Rights

Proving Discriminatory Violence at the European Court of Human Rights
Author: Jasmina Mačkić
Publisher: BRILL
Total Pages: 325
Release: 2018-07-26
Genre: Law
ISBN: 9004359850

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In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić explores the engagement of a fundamental European institution with the phenomenon of discriminatory violence, namely, the European Court of Human Rights.


Proving Discriminatory Violence at the European Court of Human Rights

Proving Discriminatory Violence at the European Court of Human Rights
Author:
Publisher:
Total Pages: 317
Release: 2018
Genre:
ISBN:

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In 'Proving Discriminatory Violence at the European Court of Human Rights' Jasmina Mackic unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court's application of the standard of proof 'beyond reasonable doubt' and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence


Prohibition of Discrimination Under the European Convention on Human Rights

Prohibition of Discrimination Under the European Convention on Human Rights
Author: Frédéric Edel
Publisher: Council of Europe
Total Pages: 156
Release: 2010-01-01
Genre: Political Science
ISBN: 9789287168177

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The European Convention on Human Rights guarantees equality among human beings by means of two provisions that prohibit discrimination: On the one hand, Article 14 of the Convention, ratified by all member states of the Council of Europe; and, On the other hand, The first article of Protocol No. 12, ratified by only some of the members. The content of the prohibition laid down by these two provisions is the same, The only difference is in the extent of their scope: whereas Article 14 prohibits discrimination in the "enjoyment of rights and freedoms set forth by the present Convention", The first article of Protocol No. 12 prohibits discrimination in a broader sense in the "enjoyment of all rights set forth by law". This study proposes an insight into the case law of the European Court of Human Rights on discrimination with respect both To The main principles which guide its implementation and To The specific solutions which the Court has adopted in relation to discrimination. Other questions examined include the scope of the prohibition of discrimination (to what does it apply?), The question of the content of such a prohibition (what precise obligations does it imply?), and last, The question of a judicial review (how does the Court assess compliance with it?).The "Human rights files" series is aimed at specialists in European law: lawyers, practitioners and research students. it also constitutes a useful resource For The implementation of the European Convention on Human Rights in the signatory states.


Discrimination at Work

Discrimination at Work
Author: Marie Mercat-Bruns
Publisher: Univ of California Press
Total Pages: 387
Release: 2016-02-22
Genre: Biography & Autobiography
ISBN: 0520283805

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Consists of interviews with American professors.


The European Convention on Human Rights – Principles and Law

The European Convention on Human Rights – Principles and Law
Author: Carla M. Buckley
Publisher: Council of Europe
Total Pages: 408
Release: 2022-11-23
Genre: Political Science
ISBN: 9287191913

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An indispensable guide for university students, government officials and legal practitioners alike. The European Convention on Human Rights – Principles and law is the essential handbook for university students, government officials, lawyers and human rights advocates seeking a comprehensive and concise account of the case law generated under the European Convention on Human Rights. Written by experts on the Convention, it: • cites nearly 1 500 cases, providing links to each case in the HUDOC database; • identifies key challenges and current legal developments; • provides suggestions for further reading on contentious issues; • is a companion text to Council of Europe’s book The individual application under the European Convention on Human Rights – Procedural guide by Linos-Alexandre Sicilianos and Maria-Andriani Kostopoulou.


Fundamental Rights

Fundamental Rights
Author: Janneke Gerards
Publisher: Cambridge University Press
Total Pages: 577
Release: 2023-02-23
Genre: Political Science
ISBN: 1009255746

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In Europe, fundamental rights have come to be regulated by an increasing number of legal instruments, such as the European Convention on Human Rights (ECHR), the EU Charter of Fundamental Rights, and international treaties. It is not always easy to understand what requirements are set in these different instruments and how they interrelate. This textbook therefore provides an integrated and systematic overview of the requirements imposed by international and European fundamental rights law. It discusses a range of both civil/political fundamental rights (eg freedom of expression) and social/economic rights (eg right to health), for each of which it is discussed how it is protected by the ECHR, by other Council of Europe instruments, by EU law, and by international treaty instruments. Each chapter is concluded with an integration section, which explains the relations between the different systems of fundamental rights protection and discuss differences, overlap and bottlenecks.


General Principles of the European Convention on Human Rights

General Principles of the European Convention on Human Rights
Author: Janneke Gerards
Publisher: Cambridge University Press
Total Pages: 405
Release: 2023-06-30
Genre: Law
ISBN: 1316517535

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Provides broad and deep insight in the core concepts and principles of the European Convention on Human Rights.


The Duty to Investigate in Situations of Armed Conflict

The Duty to Investigate in Situations of Armed Conflict
Author: Floris Tan
Publisher: BRILL
Total Pages: 647
Release: 2023-09-14
Genre: Law
ISBN: 9004540954

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This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities is unfounded and in need of revision.


Human Rights in the Council of Europe and the European Union

Human Rights in the Council of Europe and the European Union
Author: Steven Greer
Publisher: Cambridge University Press
Total Pages: 562
Release: 2018-03-29
Genre: Law
ISBN: 1108647456

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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.