Author: Frédéric Edel
Publisher: Council of Europe
Category: Political Science
View: 7562The 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.
European and Scandinavian Perspectives
Author: Oddný Mjöll Arnardóttir,Gerard Quinn
View: 5456The International Convention on the Rights of Persons with Disabilities is the first human rights treaty adopted by the United Nations in the 21st century. It seeks to secure the equal and effective enjoyment of human rights for the estimated 650 million persons with disabilities in the world. It does so by tailoring gerneral human rights norms to their circumstances. It reflects and advances the shift away from welfare to rights in the context of disability. The Convention itself represents a mix between non-discrimination and other substantive human rights and gives practical effect to the idea that all human rights are indivisible and interdependent. This collection of essays examines these developments from the global, European and Scandinavian perspectives and the challenge of transposing its provisions into national law. It marks the coming of age of disabilty as a core human rights concern.
Konkordanzkommentar zum europäischen und deutschen Grundrechtsschutz
Author: Konstantin Meljnik
Publisher: Mohr Siebrek Ek
View: 2973English summary: This innovative commentary offers a unique insight into the interrelationship between human rights protection in domestic legal systems and the ever more important body of European human rights law. By drawing extensive comparisons between the substantive human rights guarantees and the mechanisms for their implementation in the German Basic Law, the European Convention on Human Rights and the EU/EC human rights regime, the commentary shows how the national and European rules can be understood as a formative part of an increasingly integrated, multi-tier-system of fundamental rights protection. German description: Diese Kommentierung eroffnet eine vollig neuartige Perspektive auf den europaischen und deutschen Grundrechtsschutz. An die Stelle einer jeweils mehr oder weniger ausschliesslich auf das Grundgesetz, die Europaische Menschenrechtskonvention oder die Charta der Grundrechte der Europaischen Union bezogenen Kommentierung tritt eine synoptische Darstellung der europaischen und deutschen Grundrechtsgewahrleistungen. Der Konkordanzkommentar analysiert auf der Grundlage der EMRK, des Grundgesetzes und des gemeinschafts- und unionsrechtlichen Grundrechtsschutzes das Verhaltnis der insoweit miteinander konkurrierenden und einander uberlappenden Rechtsordnungen.Fur den Praktiker ermoglicht diese Art der Kommentierung eine Einschatzung der Reichweite des deutschen im Verhaltnis zum europaischen Grundrechtsschutz. Der Wissenschaftler findet eine systematisch aufbereitete Querschnittsanalyse des europaischen Grundrechtsschutzes als Bestandteil des auf verschiedenen Ebenen stattfindenden europaischen Konstitutionalisierungsprozesses vor. Das Werk ist in drei Teile gegliedert. Gegenstand des ersten Teils sind die systematischen Grundlagen des Grund- und Menschenrechtsschutzes. Der zweite Teil bildet mit einer problemorientierten Kommentierung der Einzelgewahrleistungen auf der Grundlage der EMRK das Herzstuck des Kommentars. Im dritten Teil werden die Durchsetzungsmechanismen und die zwischen diesen bestehenden Wechselwirkungen analysiert.
Between Sovereignty and Equality
Author: Lieneke Slingenberg
Publisher: Bloomsbury Publishing
View: 310Increasingly, European states are using policy on the reception of asylum seekers as an instrument of immigration control, eg by deterring the lodging of asylum applications, preventing integration into their societies and exercising a large degree of control over asylum seekers in order to facilitate expulsion. The European Union is currently engaged in a process of developing minimum conditions for the reception of asylum seekers, as part of a Common European Asylum System. This book critically examines the outcomes of the negotiation process on these minimum standards ? Directive 2003/9/EC and Directive 2013/33/EU ? in relation to international refugee law, international social security law and international human rights law. It presents a comprehensive analysis of state obligations that stem from these different fields of law with regard to asylum seekers' access to the labour market and social security benefits and compares them to the minimum standards developed in the European Union. To this end, it offers an in-depth study into the notion of non-discrimination on the basis of nationality in the field of social security and a detailed analysis of recent developments in the case law of the European Court on Human Rights on positive obligations in the socioeconomic sphere. It takes into account both the special characteristics of international legal obligations for states in the socioeconomic sphere and the legal consequences of the tentative legal status of asylum seekers. In addition, this book particularly examines how the instrumental use of social policy relates to international law.
The Quest for Substance in the Jurisprudence of the European Courts
Author: Charilaos Nikolaidis
View: 8934A 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.
Author: Marsha A. Freeman,Christine Chinkin,Beate Rudolf
Publisher: OUP Oxford
View: 3513This volume is the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. The Commentary describes the application of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol. It also includes a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations and case law under the Optional Protocol, through which the Committee has interpreted and applied the Convention. Each chapter is self-contained but the Commentary is conceived of as an integral whole. The book also includes an introduction which provides an overview of the Convention and its embedding in the international law of human rights.
Author: David Harris
Publisher: Oxford University Press
View: 5177International Human Rights Law offers a thought-provoking consideration of the subject, from its philosophical foundations to contemporary challenges, with contributions from leading experts. Critical and detailed, it covers all elements of a traditional international human rights course and is suitable for use as a stand-alone textbook.
Author: Aileen McColgan
Publisher: Bloomsbury Publishing
View: 8482This monograph explores some of the conceptual questions which underpin the legal disputes which arise in relation to equality and discrimination. Among these are questions about the meaning of 'equality' as a legal concept and its relationship to the principle of non-discrimination; symmetrical and asymmetrical approaches to equality/non-discrimination; the role of comparators in discrimination/equality analysis; the selection of protected characteristics and the proper sphere of statutory and constitutional protections, and the scope for and regulation of potential conflicts between protected grounds. The author engages with domestic, EU and ECtHR case law as well as with wider international approaches.
The Dutch Act on Integration Abroad and International Immigration Law
Author: Karin de Vries
Publisher: Bloomsbury Publishing
View: 8954A recent development in the immigration policies of several European states is to make the admission of foreign nationals dependent upon criteria relating to their integration. As the practice of 'integration testing abroad' becomes more widespread, this book endeavours to clarify the legal implications which have hitherto remained poorly understood and studied. The book begins by looking at the situation in the Netherlands, which was the first EU Member State to introduce pre-entry integration requirements. It explores the historical and political origins of the Dutch Act on Integration Abroad and explains how, in this national context, integration has become a criterion for the selection of immigrants. It then examines how integration requirements must be evaluated from the point of view of European and international law, including human rights treaties, EU migration directives and association agreements and the law on non-discrimination. The book identifies the legal standards set by these instruments with regard to integration testing abroad and draws conclusions as to the lawfulness of the Dutch approach.
Author: Ragnhildur Helgadóttir
Publisher: Martinus Nijhoff Publishers
View: 319This study examines the influence of American law and theories of judicial review on the development, practice and theorization of judicial review in Norway, Denmark, and Iceland from the 19th century to the present. The study describes how Nordic scholars in the late 19th century rationalized judicial review based on American theory and how American law influenced both their views of the institution and their way of thinking about substantive constitutional rights. These views in turn influenced Nordic jurisprudence for decades.
Author: Tilmann Altwicker
View: 2514Der UN-Menschenrechtsausschuss und der Europäische Gerichtshof für Menschenrechte sind mehr denn je gewillt, Fragen der menschenrechtlichen Gleichheit zu behandeln. Damit werden lokale Gleichheitsprobleme internationalisiert und zugleich subtilere Formen der Ungleichbehandlung zum Gegenstand der völkerrechtlichen Rechtsprechung. In der bisher einzigen deutschsprachigen Monographie zum Thema werden die Entwicklungen der letzten 10 Jahre aufgearbeitet und die Konturen einer Dogmatik des menschenrechtlichen Gleichheitsrechts aufgezeigt.
Author: Filip Dorssemont,Klaus Lörcher,Isabelle Schömann
Publisher: Bloomsbury Publishing
View: 3241The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.