The European Court Of Human Rights And Its Discontents

Download or read book The European Court of Human Rights and its Discontents written by Spyridon Flogaitis and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.

Download or read book Blasphemy and Freedom of Expression written by Jeroen Temperman and published by Cambridge University Press. This book was released on 2017-11-16 with total page 771 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.

Download or read book Domestic Abuse and the European Court of Human Rights written by Ronagh J.A. McQuigg and published by Taylor & Francis. This book was released on 2024-10-10 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed critical analysis of the jurisprudence of the European Court of Human Rights on domestic abuse. Such abuse affects vast numbers of people throughout all nations of the world. Although it was not until 2007 that domestic abuse was considered substantively by the European Court of Human Rights, it has now been established that such abuse can constitute a violation of the right to life under Article 2 of the European Convention on Human Rights; the right to be free from torture or inhuman or degrading treatment under Article 3; the right to respect for private and family life under Article 8; and the prohibition of discrimination under Article 14. The book analyses how conceptualisations of domestic abuse in the Court's jurisprudence have evolved, for example, in relation to a more consistent use of Article 3 in such cases, a recognition of coercive control, and the framing of domestic abuse as gender-based discrimination. It also explores the development of the Court's understanding of domestic abuse, for example, as regards to how the ‘Osman test’ should be applied in this context. Additionally, the book discusses the Court's approach to issues such as cyber violence and child contact in the context of domestic abuse. The book will appeal to academics and researchers from a wide variety of disciplines, such as criminal law, criminology, social policy, human rights, family law, gender studies and sociology, as well as practitioners and those in the voluntary sector who are working in the area of combating domestic abuse. The book could also be used beneficially on courses at both undergraduate and postgraduate levels which incorporate the topic of domestic abuse.

Download or read book Citizenship and Its Discontents written by Niraja Gopal Jayal and published by Harvard University Press. This book was released on 2013-02-15 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Breaking new ground in scholarship, Niraja Jayal writes the first history of citizenship in the largest democracy in the world—India. Unlike the mature democracies of the west, India began as a true republic of equals with a complex architecture of citizenship rights that was sensitive to the many hierarchies of Indian society. In this provocative biography of the defining aspiration of modern India, Jayal shows how the progressive civic ideals embodied in the constitution have been challenged by exclusions based on social and economic inequality, and sometimes also, paradoxically, undermined by its own policies of inclusion. Citizenship and Its Discontents explores a century of contestations over citizenship from the colonial period to the present, analyzing evolving conceptions of citizenship as legal status, as rights, and as identity. The early optimism that a new India could be fashioned out of an unequal and diverse society led to a formally inclusive legal membership, an impulse to social and economic rights, and group-differentiated citizenship. Today, these policies to create a civic community of equals are losing support in a climate of social intolerance and weak solidarity. Once seen by Western political scientists as an anomaly, India today is a site where every major theoretical debate about citizenship is being enacted in practice, and one that no global discussion of the subject can afford to ignore.

Download or read book Cybersecurity and Human Rights in the Age of Cyberveillance written by Joanna Kulesza and published by Rowman & Littlefield. This book was released on 2015-12-17 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cybersecurity and Human Rights in the Age of Cyberveillance isa collection of articles by distinguished authors from the US and Europe and presents a contemporary perspectives on the limits online of human rights. By considering the latest political events and case law, including the NSA PRISM surveillance program controversy, the planned EU data protection amendments, and the latest European Court of Human Rights jurisprudence, it provides an analysis of the ongoing legal discourse on global cyberveillance. Using examples from contemporary state practice, including content filtering and Internet shutdowns during the Arab Spring as well as the PRISM controversy, the authors identify limits of state and third party interference with individual human rights of Internet users. Analysis is based on existing human rights standards, as enshrined within international law including the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, European Convention on Human Rights and recommendations from the Human Rights Council. The definition of human rights, perceived as freedoms and liberties guaranteed to every human being by international legal consensus will be presented based on the rich body on international law. The book is designed to serve as a reference source for early 21st century information policies and on the future of Internet governance and will be useful to scholars in the information studies fields, including computer, information and library science. It is also aimed at scholars in the fields of international law, international relations, diplomacy studies and political science.

Download or read book Utopia and Its Discontents written by Sebastian Mitchell and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Utopia and Its Discontents traces literary representations of ideal communities from Plato to the 21st century. Each chapter offers close readings of key utopian and anti-utopian texts to demonstrate how they construct, challenge and explore the ideas and forms of earlier utopian writings and the social and political ideals of their own periods. In this original and insightful study, Sebastian Mitchell demonstrates how literary utopias are often as much about the past as they are about the present and the future. Utopia and Its Discontents concludes by arguing against the idea that the utopian has been eclipsed by the dystopian in contemporary culture. Topics covered include: - Early political and philosophical authors, such as Plato and Thomas More - Literary works, from Jonathan Swift's Gulliver's Travels to George Orwell's Nineteen Eighty-Four - Speculative-fiction writers such as H.G. Wells, Aldous Huxley and Margaret Atwood - Ecological and feminist texts by Ernest Callenbach, Ursula Le Guin and Marge Piercy - Twenty-first century utopianism This is an essential study for scholars and students of utopian literature.

Download or read book The European Convention on Human Rights written by William A. Schabas and published by Oxford University Press. This book was released on 2015-09-24 with total page 1433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.