Описание: This book explores the interaction, divergence, and convergence between the European Court of Human Rights and general international law as developed by the International Court of Justice. It focuses on sources of international law, methods of interpretation, jurisdiction, state responsibility and immunity.
Описание: This book undertakes a critical analysis of international human rights law through the lens of queer theory. It pursues two main aims: first, to make use of queer theory to illustrate that the field of human rights law is underpinned by several assumptions that determine a conception of the subject that is gendered and sexual in specific ways. This gives rise to multiple legal and social consequences, some of which challenge the very idea of universality of human rights. Second, the book proposes that human rights law can actually benefit from a better understanding of queer critiques, since queer insights can help it to overcome heteronormative beliefs currently held. In order to achieve these main aims, the book focuses on the case law of the European Court of Human Rights, the leading legal authority in the field of international human rights law. The use of queer theory as the theoretical approach for these tasks serves to deconstruct several aspects of the Court’s jurisprudence dealing with gender, sexuality, and kinship, to later suggest potential paths to reconstruct such features in a queer(er) and more universal manner.
Автор: Christoph Grabenwarter Название: European Convention on Human Rights ISBN: 1509923934 ISBN-13(EAN): 9781509923939 Издательство: Bloomsbury Academic Рейтинг: Цена: 35640.00 р. Наличие на складе: Нет в наличии.
Описание: The European Convention on Human Rights (ECHR) entered into force on 3 September, 1953, with a binding effect on all member states of the Council of Europe. It grants the people of Europe a number of fundamental rights and freedoms: right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, right to marry, right to an effective remedy, prohibition of discrimination; plus some more by additional protocols to the Convention. Any person who feels that his or her rights are being violated under the ECHR by the authorities in one of the Member States can bring the case to the European Court of Human Rights, established under the Convention. The States are bound by the Court’s decisions. Professor Grabenwarter’s commentary systematically deals with the Convention, article-by-article, including development, scope, relevant case-law and literature.
Автор: Martin, Stevie Название: Assisted suicide and the european convention on human rights ISBN: 0367628228 ISBN-13(EAN): 9780367628222 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Locating assisted suicide within the broader medical end-of-life context and drawing on the empirical data available from the increasing number of permissive jurisdictions, this book provides a novel examination of the human rights implications of the prohibition on assisted suicide in England and Wales and beyond.
Описание: This book examines the concerns for the EU`s legal system in relation to accession and questions whether and how accession and the system of human rights protection under the Convention can be effectively reconciled with the autonomy of EU law.
Описание: Offers scholars and practitioners the most comprehensive account on the question of reparation before a human rights court and provides a knowledgeable insight and interpretation into the decision-making practices.
Автор: Webster, Elaine (university Of Strathclyde, Uk) Название: Dignity, degrading treatment and torture in human rights law ISBN: 1138856630 ISBN-13(EAN): 9781138856639 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores and evaluates the interpretive scope of the prohibition of degrading treatment in order to provide analytical tools to advance the application of the right not to be subjected to cruel or inhuman treatment or punishment in international, regional and domestic human rights law.
Автор: Salzberg Damian A Gonzalez Название: Sexuality and Transsexuality Under the European Convention o ISBN: 1509914935 ISBN-13(EAN): 9781509914937 Издательство: Bloomsbury Academic Рейтинг: Цена: 12672.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book undertakes a critical analysis of international human rights law through the lens of queer theory. It pursues two main aims: first, to make use of queer theory to illustrate that the field of human rights law is underpinned by several assumptions that determine a conception of the subject that is gendered and sexual in specific ways. This gives rise to multiple legal and social consequences, some of which challenge the very idea of universality of human rights. Second, the book proposes that human rights law can actually benefit from a better understanding of queer critiques, since queer insights can help it to overcome heteronormative beliefs currently held. In order to achieve these main aims, the book focuses on the case law of the European Court of Human Rights, the leading legal authority in the field of international human rights law. The use of queer theory as the theoretical approach for these tasks serves to deconstruct several aspects of the Court’s jurisprudence dealing with gender, sexuality, and kinship, to later suggest potential paths to reconstruct such features in a queer(er) and more universal manner.
The system of the European Convention of Human Rights imposes positive obligations on the state to guarantee human rights in circumstances where state agents dot not directly interfere. In addition to the traditional/liberal negative obligation of non-interference, the state must actively protect the human rights of individuals residing within its jurisdiction. The liability of the state in terms of positive obligations induces a freestanding imperative of human rights that changes fundamentally the perception of the role of the state and the participatory ability of the individual, who can now assert their human rights in all circumstances in which they are relevant. In that regard, positive obligations herald the most advanced review of the state's business ever attempted in international law.
The book undertakes a comprehensive study of positive obligations: from establishing the legitimacy of positive obligations within the system of the Convention to their practical implementation at the national level. Analysing in depth legal principles that pervade the whole system of the Convention, a coherent methodological framework of critical stages and parameters is provided to determine the content of positive obligations in a consistent, predictable and realistic manner.
This study of the Convention explains and critically analyses the state's positive obligations, as imposed by the European Court of Human Rights, and sets out original proposals for their future development. The book will be of interest to those who study, research or practice public law, civil rights and liberties or international/European human rights law.
Автор: Alexander Schwarz, Dominik Steiger, Stephanie Schiedermair Название: Theory and Practice of the European Convention on Human Rights ISBN: 1509945970 ISBN-13(EAN): 9781509945979 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Нет в наличии.
Описание: This collection explores current, critical issues regarding human rights theory and practice at the European Court of Human Rights. Taking a three part approach, it explores: procedural concerns, principles and jurisprudence, and interaction with national legal systems.
With each contributor bringing their own unique perspective and expertise to key human questions of the day, it makes compelling reading for all human rights specialists, be they in academia or practice.
Описание: An introduction to Immanuel Kant`s constitutional theory, and to the European system of rights protection, this book explains how European Court of Human Rights has become the most active and important rights-protecting court in the world through its manifestation as a Kantian cosmopolitan legal order.
Автор: Зalı Başak, Bianku Ledi, Motoc Iulia Название: Migration and the European Convention on Human Rights ISBN: 0192895192 ISBN-13(EAN): 9780192895196 Издательство: Oxford Academ Рейтинг: Цена: 28393.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This edited collection provides a comprehensive analysis of how the European Convention on Human Rights protects the rights of migrants in different stages of migration, including asylum seekers, irregular migrants, and those who have migrated through domestic lawful routes.
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