the right to equality in european human rights law the quest for substance in the jurisprudence of the european courts routledge research in human rights law

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The Right To Equality In European Human Rights Law

Author : Charilaos Nikolaidis
ISBN : 9781317701385
Genre : Law
File Size : 67. 33 MB
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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.

Revaluing Care In Theory Law And Policy

Author : Rosie Harding
ISBN : 9781317373841
Genre : Family & Relationships
File Size : 90. 69 MB
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Care is central to life, and yet is all too often undervalued, taken for granted, and hidden from view. This collection of fourteen substantive and highly innovative essays, along with its insightful introduction, seeks to explore the different dimensions of care that shape social, legal and political contexts. It addresses these dimensions in four key ways. First, the contributions expand contemporary theoretical understandings of the value of care, by reflecting upon established conceptual approaches (such as the ‘ethics of care’) and developing new ways of using and understanding this concept. Second, the chapters draw on a wide range of methods, from doctrinal scholarship through ethnographic, empirical and biographical research methodologies. Third, the book enlarges the usual subjects of care research, by expanding its analysis beyond the more typical focus on familial interconnection to include professional care contexts, care by strangers and care for and about animals. Finally, the collection draws on contributions from academics working in Europe and Australia, across law, anthropology, gender studies, politics, psychology and sociology. By highlighting the points of connection and tension between these diverse international and disciplinary perspectives, this book outlines a new and nuanced approach to care, exploring contemporary understandings of care across law, the social sciences and humanities.

The Echr And Human Rights Theory

Author : Alain Zysset
ISBN : 9781317248132
Genre : Law
File Size : 69. 50 MB
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The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two overarching approaches in human rights theory literature: the ethical and the political, against the practice of the ECHR ‘system’. The book also addresses the history of the ECHR and the European Court of Human Rights (ECtHR) as an international legal and political institution. The book offers a democratic defence of the authority of the ECtHR. It illustrates how a conception of democracy – more specifically, the egalitarian argument for democracy developed by Thomas Christiano on the domestic level – can illuminate the reasoning of the Court, including the allocation of the margin of appreciation on a significant number of issues. Alain Zysset argues that the justification of the authority of the ECtHR – its prominent status in the domestic legal orders – reinforces the democratic process within States Parties, thereby consolidating our status as political equals in those legal and political orders.

A Truly Golden Handbook

Author : Veerle Achten
ISBN : 9789462700796
Genre : Science
File Size : 60. 32 MB
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What would the ideal society of the future look like? In 1516, the eminent English humanist Thomas More tried his hand at imagining a perfect society on a distant island. His Utopia was published in the Flemish town of Leuven, home of a university that was established almost a century earlier. 500 years later, scholars of this university revisit More’s best-known work and reflect on the ideal society of the future, using the scientific insights of today, including perspectives which More could never have imagined. What will our cities look like a hundred years from now? How will stem cell research and 3D printing change the world? Will we be able to cure all diseases? Will we be traveling to other planets? Will computers take over? Or will humanity find a way to improve the quality of life for everyone and feed a growing world population? In ‘A Truly Golden Handbook’, more than fifty KU Leuven scholars share their science-based utopian dreams. From the creation of spare organs, artificial intelligence and the genetic future, to global governance, ecological sustainability and pathways to more equality, this visionary book offers a broad interdisciplinary look at the world of tomorrow. Contributors All contributions were written by academics of KU Leuven Conny Aerts, Ivo Aertsen, Marc Boogaerts, Geert Bouckaert, René Bouwen, Frederik Ceyssens, Stephan Claes, Katrijn Clémer, Sara Coemans, Goele Cornelissen, Marc Craps, Joep Crompvoets, Lieven De Cauter, Ortwin de Graef, Jan De Lepeleire, Dorien De Man, Bart De Moor, Koen Devriendt, Rudi D’Hooge, Thomas D’Hooghe, Philip Dutré, Jan Elen, Liesbet Geris, Gerard Govers, Styn Grieten, Karin Hannes, Ann Heylighen, Hilde Heynen, Rianne Janssen, Rudy Lauwereins, Koen Lemmens, Peter Lievens, Katlijn Malfliet, Jan Masschelein, Terrence Merrigan, Yves Moreau, Bart Muys, Marten Ovaere, Jan Rongé, Erik Schokkaert, Frans Schuit, Maarten Simons, Manuel Sintubin, Stéphane Symons, Rik Torfs, Chantal Van Audenhove, Kenneth Van den Bergh, André Van de Putte, Hilde Van Esch, Inge Vanfraechem, Ine Van Hoyweghen, Geertrui Van Overwalle, Peter Van Puyvelde, Arne van Stiphout, An Verburgh, Peter Vermeersch, Johan Wagemans, Lode Walgrave

Homosexuality And The European Court Of Human Rights

Author : Paul Johnson
ISBN : 9781136218965
Genre : Law
File Size : 41. 30 MB
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Homosexuality and the European Court of Human Rights is the first book-length study of the Court’s jurisprudence in respect of sexual orientation. It offers a socio-legal analysis of the substantial number of decisions and judgments of the Strasbourg organs on the wide range of complaints brought by gay men and lesbians under the European Convention on Human Rights. Providing a systematic analysis of Strasbourg case law since 1955 and examining decades of decisions that have hitherto remained obscure, the book considers the evolution of the Court’s interpretation of the Convention and how this has fashioned lesbian and gay rights in Europe. Going beyond doctrinal analysis by employing a nuanced sociological consideration of Strasbourg jurisprudence, Paul Johnson shows how the Court is a site at which homosexuality is both socially constructed and regulated. He argues that although the Convention is conceived as a ‘living instrument’ to be interpreted ‘in the light of present-day conditions’ the Court’s judgments have frequently forged and advanced new social conditions in respect of homosexuality. Johnson argues that the Court’s jurisprudence has an extra-legal importance because it provides an authoritative and powerful discursive resource that can be mobilized by lesbians and gay men to challenge homophobic and heteronormative social relations in contemporary societies. As such, the book considers how the Court’s interpretation of the Convention might be evolved in the future to better protect lesbian and gay rights and lives.

International Courts And Domestic Politics

Author : Marlene Wind
ISBN : 9781108427760
Genre : Law
File Size : 37. 16 MB
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Explores how and why the rise in international courts impacts on domestic politics on both national and international levels.

Human Rights In Business

Author : Juan José Álvarez Rubio
ISBN : 9781351979153
Genre : Law
File Size : 77. 49 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.

Can Human Rights Survive

Author : Conor Gearty
ISBN : 9780521866446
Genre : Law
File Size : 83. 45 MB
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In this 2006 book, Conor Gearty confronts the challenges that may destroy the language of human rights for future generations.

The Constitutional Relevance Of The Echr In Domestic And European Law

Author : Giorgio Repetto
ISBN : 1780681186
Genre : Law
File Size : 77. 30 MB
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In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.

Abortion Law In Transnational Perspective

Author : Rebecca J. Cook
ISBN : 9780812209990
Genre : Law
File Size : 22. 78 MB
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It is increasingly implausible to speak of a purely domestic abortion law, as the legal debates around the world draw on precedents and influences of different national and regional contexts. While the United States and Western Europe may have been the vanguard of abortion law reform in the latter half of the twentieth century, Central and South America are proving to be laboratories of thought and innovation in the twenty-first century, as are particular countries in Africa and Asia. Abortion Law in Transnational Perspective offers a fresh look at significant transnational legal developments in recent years, examining key judicial decisions, constitutional texts, and regulatory reforms of abortion law in order to envision ways ahead. The chapters investigate issues of access, rights, and justice, as well as social constructions of women, sexuality, and pregnancy, through different legal procedures and regimes. They address the promises and risks of using legal procedure to achieve reproductive justice from different national, regional, and international vantage points; how public and courtroom debates are framed within medical, religious, and human rights arguments; the meaning of different narratives that recur in abortion litigation and language; and how respect for women and prenatal life is expressed in various legal regimes. By exploring how legal actors advocate, regulate, and adjudicate the issue of abortion, this timely volume seeks to build on existing developments to bring about change of a larger order. Contributors: Luis Roberto Barroso, Paola Bergallo, Rebecca J. Cook, Bernard M. Dickens, Joanna N. Erdman, Lisa M. Kelly, Adriana Lamačková, Julieta Lemaitre, Alejandro Madrazo, Charles G. Ngwena, Rachel Rebouché, Ruth Rubio-Marín, Sally Sheldon, Reva B. Siegel, Verónica Undurraga, Melissa Upreti.

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