The Right to Equality in European Human Rights Law

The Quest for Substance in the Jurisprudence of the European Courts

Author: Charilaos Nikolaidis

Publisher: Routledge

ISBN: 1317701380

Category: Law

Page: 238

View: 2168

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.

Allgemeine Erklärung der Menschenrechte

Author: Vereinte Nationen

Publisher: Aegitas

ISBN: 500064137X

Category: Law

Page: 8

View: 3117

Die Allgemeine Erklärung der Menschenrechte (A/RES/217, UN-Doc. 217/A-(III)), auch: Deklaration der Menschenrechte oder UN-Menschenrechtscharta oder kurz AEMR, ist das ausdrückliche Bekenntnis der Vereinten Nationen zu den allgemeinen Grundsätzen der Menschenrechte. Es wurde am 10. Dezember 1948 von der Generalversammlung der Vereinten Nationen im Palais de Chaillot in Paris genehmigt und verkündet.

Fundamental Rights in Europe

Author: Federico Fabbrini

Publisher: Oxford University Press

ISBN: 0198702043

Category: Law

Page: 319

View: 9746

The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe. The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards - a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and a challenge of inconsistency when transnational law operates as a floor - and considers the most recenttransformations taking place in the European human rights regime. The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision - a "neo-federal" theory - which is able to frame the dilemmas of identity, equality and supremacy behind the European multilevel architecture for the protection of human rights.

The Right to a Fair Trial

Author: N.A

Publisher: Council of Europe

ISBN: 9789287142979

Category: Constitutional law

Page: 162

View: 1515

The right to a fair trial is a fundamental element of legal systems. Guaranteed by national constitutions and the European Convention on Human Rights, it ensures the effectiveness of law against arbitrary acts of the authorities. The reports which appear in this volume were presented in Brno, at a seminar on European constitutional heritage, in which judges from constitutional courts and other equivalent bodies from approximately 20 countries participated. They show the convergence of approaches, in Europe and on other continents, and the universal nature of rights protected by a fair trial.

Human Rights Law

Author: Bríd Moriarty,Eva Massa

Publisher: Oxford University Press

ISBN: 0199652074

Category: Law

Page: 437

View: 1456

Human Rights Law provides thorough coverage of human rights issues, offering a practical text for trainee solicitors and practitioners in Ireland. This fourth edition has been fully updated to cover recent developments in the field.

Discrimination and Human Rights

The Case of Racism

Author: Sandra Fredman,Philip Alston,Gráinne de Búrca

Publisher: Oxford University Press

ISBN: 9780199242450

Category: Law

Page: 316

View: 2138

This set of essays provides and important contribution to the debate about the role of human rights law in combating racism. The first essay examines the right to equality in the context of racism, drawing on a wide range of international and comparative sources to create a critical frameworkof analysis. The second essay locates the discussion within the context of multi-culturalism, ethnicity, and group rights, with specific reference to ethnicity within Europe. The next set of essays is concerned with international istruments to address racism, followed by a critical examination ofthe newly developed race discrimination directive at EU level. The particular problem of race hatred on the internet is examined in the seventh chapter, followed by an important discussion of enforcement and remedial structures.

Personal Freedom Through Human Rights Law?

Autonomy, Identity and Integrity Under the European Convention on Human Rights

Author: Jill Marshall

Publisher: BRILL

ISBN: 9004170596

Category: Law

Page: 233

View: 2700

By analysing the European Court of Human Rightsa (TM) jurisprudence and philosophical debates on personal autonomy, identity and integrity, the book offers a critical analysis of the possibility of different versions of personal freedom emerging in the case law which may restrict rather than enhance personal freedom.

Contemporary Issues in Human Rights Law

Europe and Asia

Author: Yumiko Nakanishi

Publisher: Springer

ISBN: 9811061297

Category: Law

Page: 219

View: 7876

This book is published open access under a CC BY-NC-ND 4.0 license. This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another. The various chapters cover general fundamental rights and human rights issues in Europe and Asia as well as specific topics regarding the principles of nondiscrimination, women’s rights, the right to freedom of speech in Japan, and China’s Development Banks in Asia. Protection of human rights should be guaranteed in the international community, and research based on a comparative law approach is useful for the protection of human rights at a higher level. As the product of academic cooperation between ten professors of Japanese, Taiwanese, German, Italian, and Belgian nationalities, this work responds to such needs.

A Practitioner's Guide to the European Convention on Human Rights

Author: Karen Reid

Publisher: Sweet & Maxwell

ISBN: 0414042425

Category: Convention for the Protection of Human Rights and Fundamental Freedoms

Page: 915

View: 8870

This is a practical and detailed reference guide to the procedure for taking a case to the European Court of Human Rights (ECHR). As well as explaining the principles of the European Convention on Human Rights (and its role in UK law), the book provides step-by-step guidance on the practices and procedures involved in bringing a case before the ECHR, ensuring that practitioners have a comprehensive guide to practising in the Court.The new edition will provide an update on the relevant procedures, case law and problem areas, as well as including a clear explanation of the organisation and structure of the ECHR, the latest trends in case sources and topics, and coverage of key provisions and general principles organised by subject area.

The Human Right to Property

Author: Theo R. G. van Banning

Publisher: Intersentia nv

ISBN: 9050952038

Category: Law

Page: 445

View: 1812

3 Framework for research

The Principle of Equality in European Taxation

Author: Gerard Theodora Karel Meussen

Publisher: N.A

ISBN: 9789041196934

Category: Law

Page: 279

View: 980

The principles of equality and non-discrimination are a cornerstone of constitutional law and of international and European human rights law, and there is increasing recognition of the fact that any system of taxation must comply with them. This book examines how these principles influence the tax regimes of eight European jurisdictions. The authors examine the impact of the equality and non-discrimination principles on tax law and policy, with particular reference to their application in national courts and the European Court of Human Rights. The discussion focuses on an individual's right to appeal to the courts, the procedures for judicial review, and the core question of whether objective and reasonable justification exists for instances of unequal treatment of equal cases. This work will be of value to practitioners, policymakers, legislators, judges and researchers working in the field of taxation and human rights.

What Happened to Equality?

The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration

Author: Bjarney Friðriksdóttir

Publisher: BRILL

ISBN: 9004345280

Category: Political Science

Page: 458

View: 4530

In What Happened to Equality? The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration, Friðriksdóttir examines five European Union Directives on labour migration that were adopted based on a sectoral approach to labour migration management.

Textbook on International Human Rights

Author: Rhona K. M. Smith

Publisher: Oxford University Press, USA

ISBN: 9780199289394

Category: Political Science

Page: 367

View: 2922

Human rights have gained increasing prominence on the international, European and UK stage. This updated edition reflects developments in case law and legislation ensuring students have access to the most current material. A companion web site features case updates and links to useful sites.

International Human Rights Law

Author: Rhona Smith

Publisher: Oxford University Press

ISBN: 0198805217


Page: 472

View: 9589

Illustrating the scope of this fascinating and wide-reaching subject to the student, this clear and concise text gives a broad introduction to international human rights law. Coverage includes regional systems of protection, the role of the UN, and a variety of substantive rights. The author skilfully guides students through the complexities of the subject, and then prepares them for further study and research. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter.

The Future of Human Rights in the UK

Author: Claire-Michelle Smyth,Richard Lang

Publisher: Cambridge Scholars Publishing

ISBN: 1527505146

Category: Political Science

Page: 328

View: 9190

In November 2016 the University of Brighton hosted a one day conference entitled “The Future of Human Rights in the UK”. Legal academics and practitioners from across the UK and Ireland attended to discuss the various topical issues that arise under the title of the conference. Papers were presented on terrorism and counter-terrorism, the role of the European Court of Human Rights, surrogacy and parental rights, union rights, social and economic rights and Brexit; to name but a few. This edited collection comprises a selection of the papers presented. It is a thought-provoking collection designed to make the reader ask themselves: what does the future of human rights in the UK look like?

Enforcement of Human Rights

In Peace & War and the Future of Humanity

Author: Nagendra Singh

Publisher: Martinus Nijhoff Publishers

ISBN: 9024733022

Category: Political Science

Page: 272

View: 5345

Equality in law between men & women in the European Community is an integral part of the EC's social policy & crucial to its economic & social cohesion. This 15-Volume Encyclopedia analyses the legal framework for equal opportunities which now exists in the Community due to the adoption of EC Directives on equal treatment, equal pay & social security, & to the work of the European Court of Justice in this area. It looks at how the EC Directives have been implemented & interpreted in each Member State, & at the other legislative & constitutional provisions affecting the principle of equality. All the principal legal provisions are reproduced or translated. Extracts from or digests of national case law are also included. Each volume is structured so that Member States's provisions on equality can be directly compared. The editors of this Encyclopedia are Michel Verwilghen , Professeur ordinaire a la Faculte de Droit, Universite catholique de Louvain , & Ferdinand von Prondzynski , Professor of Law & Dean of the Law School, University of Hull .

EU Competition Enforcement and Human Rights

Author: A. Andreangeli

Publisher: Edward Elgar Publishing

ISBN: 184844267X

Category: Political Science

Page: 296

View: 4497

. . . Arianna Andreangeli s book can be strongly recommended. Academics and practitioners active in the field of competition law, EU law and human rights will certainly find much of interest in this book. Volker Soyez, European Competition Law Review This book is well structured and well written. . . The volume represents an important contribution to the existing legal literature on fundamental rights protection in the EU legal order from a competition law perspective. Giacomo Di Federico, Common Market Law Review This book discusses the procedural rights enjoyed by those being investigated under Articles 81 and 82 of the EC Treaty and of the Merger Control Regulation, and their right to challenge the Commission s decision in the Community Courts. It further assesses how their rights to due process in competition proceedings before the European Commission comply with the notion of administrative fairness enshrined in the European Convention on Human Rights, in accordance with the case law of the European Court of Human Rights. In this study, Arianna Andreangeli takes into account key developments such as modernisation and its impact on competition proceedings before the Commission, the debate on the principles of legal professional privilege, the protection against self incrimination, the rule of ne bis in idem and the possibility of establishing an EU competition court . It offers an examination of the right to be heard, the right to have access to the Commission-held evidence, and to legal professional privilege, and the right to silence and to seek judicial review of Commission decisions and assess them in the light of the Strasbourg court s case law. Academics active in the area of competition law, EU law and human rights, as well as practitioners active in the area of competition law will find much to interest them in this book.

Debating Women's Equality

Toward a Feminist Theory of Law from a European Perspective

Author: Ute Gerhard

Publisher: Rutgers University Press

ISBN: 9780813529059

Category: Law

Page: 244

View: 3345

Ute Gerhard places women's rights at the center of legal philosophy and sees the struggle for equality as a driving force in the history of law. Focusing on Europe and taking the course of German feminism and law as primary examples, she incorporates the various social contexts in which questions of equality and gender difference have been raised into an analysis that challenges misconceptions about the principle of equality itself. Gerhard reviews the history of women's movements in the nineteenth and twentieth centuries and traces the historical development of claims to gender equality as well as obstacles to these claims. Critically exploring the influence of philosophers such as Rousseau, Fichte, and Kant, Gerhard concludes that women need to be recognized as both equal and different-that claims to equality do not simply eliminate difference, but also articulate it. Mindful of the social and political contexts surrounding equality arguments, Gerhard probes three legal issues: women's rights in the public sphere, especially the right to vote; women's legal capacities in private law, or the legal doctrine of so-called gender tutelage; and women's human rights, a prominent concern in the current international women's movement.