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 : 87. 46 MB
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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 : 9781849469494
Genre : Law
File Size : 64. 24 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.

The Legitimacy Of Family Rights In Strasbourg Case Law

Author : Carmen Draghici
ISBN : 9781509905263
Genre : Law
File Size : 28. 85 MB
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Modern family life exhibits a huge variety of new forms. Legal responses to these new forms illustrate the continuing differences between European nations. Nonetheless, the Strasbourg Court has been increasingly active in this area, which provides fertile ground for testing the legitimacy of the Court's interpretation of the European Convention on Human Rights. When national law refuses to recognize a claimed right, litigants regularly reassert that right before the Strasbourg Court. This has forced it to seek answers to complex domestic controversies, such as the legal recognition for same-sex partners and transgender persons, the ethics of adoption and reproductive rights, the legal regime for cohabitants, or the accommodation of immigrants' aspiration to family reunion. Placing family rights at the core of the judicial legitimacy debate, this book provides a critical analysis of the standards of family rights protection under the Convention. It evaluates the Court's interpretive methodology and discusses the tensions inherent in its supranational quasi-constitutional function. These include the risk of excessive deference to national authorities, at the expense of the effective enforcement of universal rights; the addition of 'new rights'; and inattention to the division of responsibilities between democratic processes within sovereign States and the subsidiary international review.

Fundamental Rights In Eu Internal Market Legislation

Author : Vasiliki Kosta
ISBN : 9781782258988
Genre : Law
File Size : 47. 35 MB
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This book attempts to systematise the present interrelationship between fundamental rights and the EU internal market in the field of positive integration. Its intention is simple: to examine the way in which, and the extent to which, fundamental rights protection is realised through EU internal market legislation. To that end, the analysis is conducted around four rights or sets of rights: data protection, freedom of expression, fundamental labour rights and the right to health. The book assesses not only what substantive level of protection is achieved for these fundamental rights, but it also estimates whether there is a 'fundamental rights culture' that informs current legislative practice. Finally, it asks the overarching question whether the current state of harmonisation amounts to a 'fundamental rights policy'. The book offers a much more varied picture of the EU's fundamental rights policy in and through the EU internal market than perhaps initially expected. Moreover, it builds the case for a more conscious approach to dealing with and enhancing fundamental rights protection in and through internal market legislation, and advocates a leading role for the legislature in the establishment of an internal market that is firmly based on respect for fundamental rights.

Security Risk And Human Rights A Vanishing Relationship

Author :
ISBN : 9789290798118
Genre :
File Size : 40. 50 MB
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Documents Working Papers Council Of Europe Parliamentary Assembly

Author : Council of Europe. Parliamentary Assembly
ISBN : STANFORD:36105123017043
Genre : Europe
File Size : 41. 26 MB
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La Procr Ation M Dicalement Assist E

Author : Law Reform Commission of Canada
ISBN : UOM:39015025221576
Genre : Law
File Size : 49. 2 MB
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This report examines the appropriateness of state intervention to limit access to medically assisted procreation technologies or to control the use of such technologies; the p̀€roblematic' medical aspects of the technologies and the ability of existing social and professional controls to provide adequate public protection (physical and psychological risks, selection, screening and storage standards, success rates, record keeping, and access to medical and genetic information); the need to review, and where necessary, adapt the law to the specific problems connected with the donation and deposit of gametes and embryos (ownership of genetic material and donor liability), and the filiation of the children involved; and the legal aspects of surrogate motherhood and the commercialization of procreation in general (sale of gametes and payments to surrogates).

The Stationery Office Agency Catalogue

Author : Stationery Office (Great Britain)
ISBN : STANFORD:36105134484976
Genre : International agencies
File Size : 46. 69 MB
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Yearbook Of International Organizations 2006 2007

Author : Union of International Associations
ISBN : 3598245297
Genre : Business & Economics
File Size : 32. 65 MB
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Xenotransplantation

Author : Ruth F. Chadwick
ISBN : 9783899758634
Genre :
File Size : 73. 11 MB
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