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 : 82. 23 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 : 36. 78 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 : 87. 21 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 : 32. 36 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

Human Rights In Business

Author : Juan José Álvarez Rubio
ISBN : 9781351979153
Genre : Law
File Size : 63. 50 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.

The Constitutional Relevance Of The Echr In Domestic And European Law

Author : Giorgio Repetto
ISBN : 1780681186
Genre : Law
File Size : 44. 63 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.

Coercive Care

Author : Bernadette Mcsherry
ISBN : 9781135016586
Genre : Law
File Size : 82. 33 MB
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There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.

Blasphemy And Freedom Of Expression

Author : Jeroen Temperman
ISBN : 9781108416917
Genre : Law
File Size : 40. 3 MB
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This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.

Research Handbook On International Human Rights Law

Author : Sarah Joseph
ISBN : 9781849803373
Genre : Political Science
File Size : 71. 29 MB
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This handbook brings together the work of 25 leading human rights scholars from all over the world, covering a broad range of human rights topics.

Human Rights And The Dark Side Of Globalisation

Author : Thomas Gammeltoft-Hansen
ISBN : 9781315408255
Genre : LAW
File Size : 51. 26 MB
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This edited volume examines the continued viability of international human rights law in the context of growing transnational law enforcement. With states increasingly making use of global governance modes, core exercises of public authority such as migration control, surveillance, detention and policing, are increasingly conducted extraterritorially, outsourced to foreign governments or delegated to non-state actors. New forms of cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. At the same time, some governments engage in transnational law enforcement exactly to avoid such responsibilities, creatively seeking to navigate the complex, overlapping and sometimes unclear bodies of international law. As such, this volume argues that this area represents a particular dark side of globalisation, requiring both scholars and practitioners to revisit basic assumptions and legal strategies. The volume will be of great interest to students, scholars and practitioners of international relations, human rights and public international law.

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