Описание: This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.
Описание: In its case law on the use of lethal and potentially lethal force, the European Court of Human Rights declares a fundamental connection between the right to life in Article 2 of the European Convention on Human Rights and democratic society. This book discusses how that connection can be understood by using narrative theory to explore Article 2 law’s specificities and its deeper historical, social and political significance. Focusing on the domestic policing and law enforcement context, the book draws on an extensive analysis of case law from 1995 to 2017. It shows how the connection with democratic society in Article 2’s substantive and procedural dimensions underlines the right to life’s problematic duality, as an expression of a basic value demanding a high level of protection and a contextually limited provision allowing states leeway in the use of force. Emphasising the need to identify clear standards in the interpretation and application of the right to life, the book argues that Article 2 law’s narrative dimensions bring to light its core purposes and values. These are to extract meaning from pain and death, ground democratic society’s foundational distinction between acceptable force and unacceptable violence, and indicate democratic society’s essential attributes as a restrained, responsible and reflective system.
Описание: The European Convention and the Court of Human Rights were expected to help realise fundamental freedoms and civil and political rights in post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law and politics of the new member states.
Описание: How do courts reconcile protecting family life with immigration control in human rights cases? This book addresses that question through an analysis of 11 UK Supreme Court decisions on immigration and family life, mostly focusing on Article 8 ECHR, the right to respect for family life, and starting with Huang v SSHD in 2007. The analysis is set against a national context that includes the Human Rights Act 1998 and regular controversies over immigration.The book explains how the European Court of Human Rights jurisprudence has developed in recent years, but, particularly in the absence of children, it often still awards little weight to claims by citizens and residents to be joined by family when immigration status is an issue. This reflects governments’ resistance to encroachment on their control over borders. The Supreme Court decisions show that, despite powers conferred by the Human Rights Act, a more nuanced position in domestic law was difficult to articulate and sustain. The book explores the way in which these problems were reflected in the changing language, argumentation, and structure of judgments. These problems revealed judges to be strategic actors drawing on personal and institutional values and responding to the shifting political context.A more generous reading of Article 8 would be legally coherent but needs wider societal support to be realisable. The book ends with a discussion of how, if such support were present, the jurisprudence could give more weight to the needs of families. It is vital reading for anyone interested in families and immigration, and in the problems and potential of human rights adjudication.
Описание: Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and outdated. Due to significant development at a legislative and judicial level, the right to life spans beyond what is enumerated within Article 2. With the belief that Article 2 is still relevant, this book investigates how the right to life can be better protected within Europe. It advocates for the modernisation of Article 2 through codifying legislative and judicial developments relevant to this provision in the form of guidelines. It also considers the improvements that can be made by the Council of Europe (CoE) bodies – the European Court of Human Rights (ECtHR), the Committee of Ministers (CoM), the Parliamentary Assembly of the Council of Europe (PACE) and the CoE Commissioner for Human Rights – to encourage adherence to Article 2 and promote effective remedies to prevent future violations. It uses the experience from four internal European conflicts – the Basque conflict, the Chechen conflict, the Northern Ireland Troubles and the Turkish-Kurdish conflict – to illustrate its points.
Автор: Anne Trebilcock, Brian Langille Название: Social Justice and the World of Work: Possible Global Futures ISBN: 1509961259 ISBN-13(EAN): 9781509961252 Издательство: Bloomsbury Academic Рейтинг: Цена: 17424.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In this book, leading international thinkers take up the demanding challenge to rethink our understanding of social justice at work and our means for achieving it – at a time when global forces are tearing the familiar fabric of our working lives and the laws regulating them. When fabric is torn we can see deeply into it, understand its structural weaknesses, and imagine alterations in the name of resilience and sustainability. Seizing that opportunity, the authoritative commentators examine the lessons revealed by the pandemic and other global shocks for our ideas about justice at work, and how to advance that cause in the world as we now find it. The chapters deliver critical re-assessments of our goals, explore our new challenges, and creatively re-imagine trajectories for progress on two global fronts - via international institutions and by a myriad of other transnational techniques. These forward-looking essays are in honour of Francis Maupain, whose international career and scholarly writing are inspiring models for those who, in a changing world, seize opportunities for creativity in the pursuit of global justice at work.
Автор: Kotiswaran Prabha Название: Cambridge Studies in Law and Society ISBN: 1316613615 ISBN-13(EAN): 9781316613610 Издательство: Cambridge Academ Рейтинг: Цена: 7762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Set apart from related literature, this collection anchors trafficking debates in transnational legal theory. Whilst addressing the tensions in the implementation of the Palermo protocols, it exemplifies a labor approach to trafficking and elaborates on what this paradigm shift means in comparison to a human rights or criminal justice approach.
Описание: The European Convention and the Court of Human Rights were expected to help realise fundamental freedoms and civil and political rights in post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law and politics of the new member states.
Автор: Filip Dorssemont, Klaus L?rcher, Isabelle Sch?mann Название: The European Convention on Human Rights and the Employment Relation ISBN: 1849463387 ISBN-13(EAN): 9781849463386 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 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 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.
Автор: Cornell Angela B., Barenberg Mark Название: The Cambridge Handbook of Labor and Democracy ISBN: 1108839886 ISBN-13(EAN): 9781108839884 Издательство: Cambridge University Press Рейтинг: Цена: 47394.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The connection between organized labor and democracy in contemporary global politics is not well understood. This handbook fills that gap by exploring the role of labor in constructing democratic regimes; deepening democracy by expanding social and economic citizenship rights; and defending democracy against authoritarian challenges.
Автор: Nolan, Dr Justine Boersma, Dr Martijn Название: Addressing modern slavery ISBN: 174223643X ISBN-13(EAN): 9781742236438 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 3135.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Long after slavery was officially abolished, the practice not only continues but thrives. An estimated 40 million people are modern-day slaves, more than ever before in human history. Whether they are women in electronics or apparel sweatshops, children in brick kilns or on cocoa farms, men trapped in bonded labour working on construction sites, or girls forced into domestic servitude or sex work, millions of people are forced to perform labour through the use of force, intimidation or deceit.Modern slavery is an integral part of the global economy. It even becomes part of our daily lives when we use or buy products that are made through exploitative labour practices. In a world of growing inequality, consumers and business are both part of the problem and the solution. While we have all become accustomed to fast fashion and cheap consumer goods, we must take responsibility for exploitation at different points along complex supply chains. This important book examines slavery in the modern world and outlines ways it can be stopped.Book includes discussion of new anti-slavery legislation in Australia, theUK, France and CaliforniaFresh analysis by renowned experts in the field and written in a clear andaccessible styleIncludes information on how consumers, investors and shareholderscan make more informed choicesExamples and case studies show the extent of exploitative labourpractices worldwideDirected at individuals concerned about the real cost of cheap goods andfast fashion as well as corporations concerned about their procurementpracticesGrowing consumer and corporate awareness of need to buy ethically,whether it’s fashion, chocolate, coffee, electronic goods etcModern slavery is a growing component of human rights campaignsaround the world
Описание: Drawing on interviews with women in precarious work, this text explores the everyday problems they face balancing work and care responsibilities. This crucial book exposes the failures of family-friendly rights and explains how to grant these women effective rights in the wake of COVID-19.
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