Rights and Wrongs Under the Echr
Title | Rights and Wrongs Under the Echr PDF eBook |
Author | Paulien De Morree |
Publisher | Intersentia |
Pages | 304 |
Release | 2016-10-21 |
Genre | |
ISBN | 9781780684185 |
Now available in paperback! There exists a certain tension between human rights protection and the concept of abuse of rights. While human rights essentially aim to promote freedom by affirming the basic rights and freedoms citizens enjoy vis-a-vis state authorities, the abuse clause primarily aims to protect the democratic organization of the state against groups and individuals invoking these rights with the aim of undermining it. Furthermore, an analysis of the growing body of case law on this topic shows that the interpretation and application of Article 17 of the European Convention on Human Rights (ECHR) are far from unequivocal. While according to Article 17 ECHR anti-democratic activities may be excluded from the protection of the Convention, clear criteria for determining which activities fit this description are lacking. This has resulted in a rather obscure and inconsistent case-by-case approach. This study seeks to shed light on the prohibition of abuse of rights in Article 17 ECHR in order to contribute to a more coherent interpretation of this provision. To that aim it studies the abuse clause from different perspectives. First, it looks at the historical background of the provision to examine what motivated the drafters to include this prohibition. Then it moves on to the case law of the European Commission of Human Rights and the European Court of Human Rights and to legal doctrine, revealing the difficulties and inconsistencies in the current interpretation of the abuse clause. It also analyzes the interpretation of prohibitions of abuse in other human rights documents to see whether parallels can be drawn with the interpretation of Article 17 ECHR. Based on the insights obtained from these different perspectives, this study puts forward a proposal as to how Article 17 ECHR can best be applied in the future. (Series: School of Human Rights Research, Vol. 78) [Subject: Human Rights Law]
Rights and Wrongs Under the ECHR
Title | Rights and Wrongs Under the ECHR PDF eBook |
Author | DE MORREE. |
Publisher | |
Pages | 303 |
Release | 2014 |
Genre | Abuse of rights |
ISBN | 9781780685427 |
Shaping Rights in the ECHR
Title | Shaping Rights in the ECHR PDF eBook |
Author | Eva Brems |
Publisher | Cambridge University Press |
Pages | 379 |
Release | 2014-01-23 |
Genre | Political Science |
ISBN | 1107729696 |
In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.
Torture, Inhumanity, and Degradation Under Article 3 of the ECHR
Title | Torture, Inhumanity, and Degradation Under Article 3 of the ECHR PDF eBook |
Author | Natasa Mavronicola |
Publisher | Hart Publishing |
Pages | 288 |
Release | 2020 |
Genre | Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment |
ISBN | 9781509903009 |
"This book theorises and concretises the idea of 'absolute rights' in human rights law with a focus on Article 3 of the European Convention on Human Rights (ECHR). It unpacks how we might understand what an 'absolute right' in human rights law is and draws out how such a right's delimitation may remain faithful to its absolute character. Concretising these starting points, it considers how, as a matter of principle, the right not to be subjected to torture or inhuman or degrading treatment or punishment enshrined in Article 3 ECHR is and ought to be substantively delimited by the European Court of Human Rights (ECtHR). Focusing on the wrongs at issue, this analysis touches both on the core of the right and on what some might consider to lie at the right's 'fringes': from the aggravated wrong of torture, to the severity assessment delineating inhumanity and degradation; the justified use of force and its implications for absoluteness; the delimitation of positive obligations to protect from ill-treatment; and the duty not to expel persons to places where they face a real risk of torture, inhumanity or degradation. Few legal standards carry the simultaneous significance and contestation surrounding this right. This book seeks to contribute fruitfully to efforts to counter a proliferation of attempts to dispute, circumvent or dilute the absolute character of the right not to be subjected to torture or inhuman or degrading treatment or punishment, and offer the groundwork for transparently and coherently (re)interpreting the right's contours in line with its absolute character"--
Human Rights and Political Wrongs
Title | Human Rights and Political Wrongs PDF eBook |
Author | Noel Malcolm |
Publisher | |
Pages | 156 |
Release | 2017 |
Genre | Human rights |
ISBN | 9781910812372 |
Shaping Rights in the ECHR
Title | Shaping Rights in the ECHR PDF eBook |
Author | Eva Brems |
Publisher | |
Pages | 380 |
Release | 2014 |
Genre | Electronic books |
ISBN | 9781107724037 |
An assessment of fundamental questions surrounding the scope of human rights.
The European Court of Human Rights
Title | The European Court of Human Rights PDF eBook |
Author | Helmut P. Aust |
Publisher | Edward Elgar Publishing |
Pages | 296 |
Release | 2021-04-30 |
Genre | Law |
ISBN | 1839108347 |
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.