protecting vulnerable groups the european human rights framework modern studies in european law

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Protecting Vulnerable Groups

Author : Francesca Ippolito
ISBN : 9781782256144
Genre : Law
File Size : 42. 4 MB
Format : PDF
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The concept of vulnerability has not been unequivocally interpreted either in regional or in universal international legal instruments. This book analyses the work of the EU and the Council of Europe in ascertaining a clear framework or a set of criteria suitable to determine those who should be considered vulnerable and disadvantaged. It also explores the measures required to protect their human rights. Key questions can be answered by analysing the different methods used to determine the levels of protection offered by the two European systems. These questions include whether the Convention and the case law of the Strasbourg Court, the monitoring mechanisms of the Council of Europe, EU law and the case law of the European Court of Justice enhance the protection of vulnerable groups and expand the protection of their rights, or, alternatively, whether they are mainly used to fill in relatively minor gaps or occasional lapses in national rights guarantees. The analysis also shows the extent to which these two European systems provide analogous, or indeed divergent, standards and how any such divergence might be problematic in light of the EU accession to the European Convention on Human Rights.

Strengthening The Rule Of Law In Europe

Author : Werner Schroeder
ISBN : 9781849469500
Genre : Law
File Size : 59. 60 MB
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Respect for the 'rule of law' is, according to Article 2 of the Treaty on European Union, a value on which the Union is founded and a prerequisite for the accession of new Member States. However in some Member States there are deficiencies as regards the independence of the justice system or other aspects of the rule of law, and on several occasions the Union has been confronted with a rule of law crisis. In order to address this problem the book elucidates the principal elements of a common European rule of law in a global context, and explores the different mechanisms and instruments appropriate to safeguard the rule of law and to address future rule of law crises in the Member States.The book brings together contributions from renowned academics, high-ranking professionals and experts in the fields of European law, public international law and constitutional law.

Fundamental Rights In Eu Internal Market Legislation

Author : Vasiliki Kosta
ISBN : 9781782258988
Genre : Law
File Size : 35. 11 MB
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Health And Human Rights In Europe

Author : Brigit Toebes
ISBN : 9400001517
Genre : Law
File Size : 43. 3 MB
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The area of 'health and human rights' is a new and emerging field under international and European human rights law and health law. Taking a 'health and human rights approach' means using international, European, and national human rights law in relation to a wide range of health issues, including access to healthcare, health data protection, the quality of pharmaceutical drugs, as well as medical-ethical issues, such as abortion and euthanasia. Human rights law can play an important role in promoting and protecting health, both nationally and internationally. It gives a legal and moral dimension to existing health-related approaches, and, as such, it can enrich other health-related disciplines, including medical law, health law, bio-law, bio-ethics, public health, and social medicine. There is, however, still very little understanding of the various and multiple legal interfaces between 'health' and 'human rights, ' and of the implications of this approach for legal research and practice. To fill this gap. This book examines the legal contents and implications of this new area of the law. Its focus is on Europe, as the European context raises specific questions, not only from a legal and a political perspective, but also in terms of health issues and health outcomes. The book first discusses how European institutions (the Council of Europe and the EU) deal with health and human rights. It addresses a variety of themes and approaches that engage with health and human rights links, including patient rights, reproductive health, and issues surrounding death and dying. Lastly, it discusses the position of a number of vulnerable groups, in particular disabled persons, the elderly, and children. The book's contributors have engaged in a prolific dialogue about the issues involved, and this has resulted in a number of truly interconnected chapters that together give a solid overview of the legal perspectives. Health and Human Rights in Europe creates clarity for those who wish to undertake further study in this area. Further, it will guide practitioners through their health-related cases, while law and policy makers can learn more about the comparative legal dimensions of the health issues that they engage with. *** "Inclusion of legal details about human rights, and extensive referencing, renders this book invaluable for law and policy makers. Public health practitioners will also find this an interesting and informative read with a solid legal foundation." - Health and Human Rights: An International Journal, February 14, 2013, www.hhropenforum.or

Who Resource Book On Mental Health Human Rights And Legislation

Author : Melvyn Freeman
ISBN : 924156282X
Genre : Law
File Size : 68. 41 MB
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This publication highlights key issues and principles to be considered in the drafting, adoption and implementation of mental health legislation and best practice in mental health services. It contains examples of diverse experiences and practices, as well as extracts of laws and other legal documents from a range of different countries, and a checklist of key policy components. Three main elements of effective mental health legislation are identified, relating to context, content and process.

Security Risk And Human Rights A Vanishing Relationship

Author :
ISBN : 9789290798118
Genre :
File Size : 68. 15 MB
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Human Rights In Business

Author : Juan José Álvarez Rubio
ISBN : 9781351979153
Genre : Law
File Size : 44. 83 MB
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The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.

Protecting The Rights Of People With Autism In The Fields Of Education And Employment

Author : Valentina Della Fina
ISBN : 9783319137919
Genre : Law
File Size : 63. 11 MB
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Fundamental rights for all people with disabilities, education and employment are key for the inclusion of people with autism. They play as facilitators for the social inclusion of persons with autism and as multipliers for their enjoyment of other fundamental rights. After outlining the international and European dimensions of the legal protection of the rights to education and employment of people with autism, the book provides an in-depth analysis of domestic legislative, judicial and administrative practice of the EU Member States in these fields. Each chapter identifies the good practices on inclusive education and employment of people with autism consistent with principles and obligations enshrined in the UN Convention on the Rights of Persons with Disabilities (Articles 24 and 27). The book contains the scientific results of the European Project “Promoting equal rights of people with autism in the field of employment and education” aimed at supporting the implementation of the UN Convention in the fields of inclusive education and employment.

Documents Working Papers Council Of Europe Parliamentary Assembly

Author : Council of Europe. Parliamentary Assembly
ISBN : STANFORD:36105123017043
Genre : Europe
File Size : 32. 76 MB
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The Crisis Of The European Union

Author : J?rgen Habermas
ISBN : 9780745681535
Genre : Philosophy
File Size : 71. 53 MB
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Translated by Ciaran Cronin. In the midst of the current crisis that is threatening to derail the historical project of European unification, Jürgen Habermas has been one of the most perceptive critics of the ineffectual and evasive responses to the global financial crisis, especially by the German political class. This extended essay on the constitution for Europe represents Habermas’s constructive engagement with the European project at a time when the crisis of the eurozone is threatening the very existence of the European Union. There is a growing realization that the European treaty needs to be revised in order to deal with the structural defects of monetary union, but a clear perspective for the future is missing. Drawing on his analysis of European unification as a process in which international treaties have progressively taken on features of a democratic constitution, Habermas explains why the current proposals to transform the system of European governance into one of executive federalism is a mistake. His central argument is that the European project must realize its democratic potential by evolving from an international into a cosmopolitan community. The opening essay on the role played by the concept of human dignity in the genealogy of human rights in the modern era throws further important light on the philosophical foundations of Habermas’s theory of how democratic political institutions can be extended beyond the level of nation-states. Now that the question of Europe and its future is once again at the centre of public debate, this important intervention by one of the greatest thinkers of our time will be of interest to a wide readership.

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