The European Human Rights Culture - A Paradox of Human Rights Protection in Europe?

The European Human Rights Culture - A Paradox of Human Rights Protection in Europe?
Author: Nina-Louisa Arold Lorenz
Publisher: Martinus Nijhoff Publishers
Total Pages: 309
Release: 2014-04-30
Genre: Law
ISBN: 9004258442

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The European Human Rights Culture – A Paradox of Human Rights Protection in Europe? analyses the political term “European Human Rights Culture”, a term first introduced by EU Commission President Barroso. Located in the fields of comparative law and European law, this book analyses, through first-hand interviews with the European judiciary, the judicial perspective on the European human rights culture and sets this in context to the political dimension of the term. In addition, it looks at the structures and procedures of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), and explains the embedding of the Courts’ legal cultures. It offers an in-depth analysis of the margin of appreciation doctrine at both the CJEU and ECtHR, and shows its value for addressing human rights grievances. This book is novel in that it combines interviews and case-law analysis to show how a mix of differences on the bench are legally amalgamated to resolve probing legal questions and human rights issues. It shows, through a combined analysis of case-law and recent political developments for European human rights, the tensions between judicial and political approaches and the paradox of human rights protection in Europe. It also offers in-depth knowledge of the European human rights discourse. In addition to a rich study of legal materials, the book looks inside the box by adding the judiciary’s perspective. Human rights are widely acknowledged in European societies and cases claiming human rights violations are increasing at both the CJEU and ECtHR. In these times of increased human rights awareness, this book uncovers a paradox in European human rights protection which is created by the push-and-pull between judicial and political interests.

The EU and Human Rights

The EU and Human Rights
Author: Philip Alston
Publisher:
Total Pages: 986
Release: 1999
Genre: Law
ISBN: 9780198298069

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For all its achievements in integrating Europe, the EU lacks a human rights policy which is coherent, balanced and professionally administered. This volume provides an insightful critique of current policies and detailed recommendations for the future by leading experts in the field including individuals from every EU country.

From Civil to Human Rights

From Civil to Human Rights
Author: Helle Porsdam
Publisher: Edward Elgar Publishing
Total Pages: 241
Release: 2009-01-01
Genre: Political Science
ISBN: 1849802300

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Helle Porsdam s new book is a readable and perceptive analysis of European and American perceptions of essential human rights and their roots in national and regional cultures. Professor Porsdam traces the notions of civil, political, social and economic interests as rights protected and implemented by law on both sides of the Atlantic. From Civil to Human Rights is a must read for Europeans, Americans, and everyone else who wants to learn more about the institutions, values, hopes and dreams that bring us together and hold us apart at the beginning of the 21st century. Peter L. Murray, Harvard Law School, Cambridge, US Is there a special human rights narrative emerging from the chastened soul of post-war Europe? What lies ahead for that great but shattered community? Helle Porsdam, a leader in the related fields of human rights and humane letters, bids fair to answer these and other pressing questions. Along the way her highly nuanced intellect addresses the frustrating differences among those contentious first cousins, Europe and the United States. The result is a wide-ranging, richly informed inquiry about Europe s rise from the ashes and the choices it must make to inspire rather than repulse the world around it. Richard Weisberg, Cardozo Law School, New York, US Europeans have attempted for some time to develop a human rights talk and now European intellectuals are talking about the need to construct European narratives . This book illustrates that these narratives will emphasize a political and cultural vision for a multi-ethnic and more cosmopolitan Europe. The narratives evolve around human rights, partly in the hope that they might function as a cultural glue in an increasingly multi-ethnic Europe, and partly because they are intimately connected with that part of enlightenment thinking that sought to promote democracy and the rule of law. Helle Porsdam discusses the development of human rights as a discourse of atonement for Europeans a discourse which has the potential to become a shared, transatlantic discourse. Using an interdisciplinary approach, this book will be an invaluable research tool for postgraduate students and scholars within the fields of law, history, political science and international relations.

Human Rights as Indivisible Rights

Human Rights as Indivisible Rights
Author: Ida Koch
Publisher: BRILL
Total Pages: 361
Release: 2009-09-28
Genre: Law
ISBN: 9004180680

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The book analyses the legal nation of human rights as indivisible, interrelated and interdependent rights by analysing case law from the European Court of Human Rights. The book concludes that the nation of human rights as indivisible right as a legal content and that aspects of several socio-economic rights are in fact protected by the Convention.

The European Union and Human Rights

The European Union and Human Rights
Author: Jan Wouters
Publisher: Oxford University Press
Total Pages: 752
Release: 2021-03-25
Genre: Law
ISBN: 019254392X

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The European Union and Human Rights: Analysis, Cases, and Materials maps and critiques the EU's commitment to human rights in both internal and external affairs. The book covers the evolution as well as the current state of the EU's engagement with human rights, focusing, on the internal side, on the role of the EU law in the multi-faceted system of human rights protection and, on the external side, on the EU's efforts to bind its foreign policy to promoting himan rights. This book combines analysis of key developments with a wide range of sources, including extracts from legislation, case law, policy documents, and research of other scholars. The inclusion of both primary and secondary materials is intended to guide readers to acquire a deep understanding of EU human rights law and policy. This title devotes significant attention to explicating the fundamental concepts and systemic features of the EU's human rights protection and promotion. In addition, chapters devoted to individual topics provide more depth on a range of policy areas in both the internal and external dimension of EU affairs. Topics covered by these individual chapters include non-discrimination and competition law, migration, trade policy, and development cooperation.

Law and Practice of the European Convention on Human Rights and the European Social Charter

Law and Practice of the European Convention on Human Rights and the European Social Charter
Author: Donna Gomien
Publisher: Manhattan Publishing Company
Total Pages: 492
Release: 1996
Genre: Law
ISBN:

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Council of Europe Publishing brings together in one book a comprehensive explanation of the two main human rights texts encompassing both civil & political rights & economic, social & cultural rights: the European Convention on Human Rights & the European Social Charter. This book explains both the substantive legal standards contained in the Convention & the Charter & the means by which those standards evolve in response to a changing Europe. In the form of over 300 case studies, it brings to life concrete situations in which these rights have been questioned & defended. This book is targeted at university students in international law & at all those interested in the human rights challenge in Europe. But it also sheds light on similarities with other national structures, in the US & in a number of Commonwealth countries.

In Our Hands

In Our Hands
Author: Council of Europe
Publisher:
Total Pages: 212
Release: 1998
Genre: Political Science
ISBN:

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Secretary General's closing words

Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights
Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
Total Pages: 124
Release: 2017-08-04
Genre: Political Science
ISBN:

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European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Militant Democracy

Militant Democracy
Author: András Sajó
Publisher: Eleven International Publishing
Total Pages: 271
Release: 2004
Genre: Civil rights
ISBN: 9077596046

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This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

Shifting Centres of Gravity in Human Rights Protection

Shifting Centres of Gravity in Human Rights Protection
Author: Oddný Mjöll Arnardóttir
Publisher: Routledge
Total Pages: 324
Release: 2016-02-26
Genre: Law
ISBN: 131730909X

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This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 3.0 license.