The Impact of the European Convention on Human Rights on Russian Law
Title | The Impact of the European Convention on Human Rights on Russian Law PDF eBook |
Author | Anton Burkov |
Publisher | Columbia University Press |
Pages | 163 |
Release | 2007-05-02 |
Genre | Political Science |
ISBN | 3838256395 |
This book analyzes the practice of Russia honoring her legal obligations under the European Convention of Human Rights (ECHR): to secure to everyone within its jurisdiction the rights and freedoms defined in the Convention (Article 1 of the ECHR). The study comes to the conclusion that the impact of the ECHR on the Russian legal system, in terms of its implementation by domestic courts, is unsatisfactory. The jurisprudence of the Supreme Court and Supreme Arbitration Court is an attempt to demonstrate to the Council of Europe that the ECHR is being applied, rather than to implement the ECHR. In contrast, the jurisprudence emerging from decisions of the Russian Federation's Constitutional Court and district courts indicates a better understanding of the spirit of the ECHR. Still, the rare instances in which domestic courts implemented the ECHR were, more often than not, prompted by applicants' arguments based on ECHR case-law, rather than by the courts. The book suggests methods of ensuring a more effective implementation of the ECHR's provisions within Russian national law. It develops recommendations on how to assess the Russian government's compliance with judgments of the European Court of Human Rights, and how to interpret explanations submitted by Russia to the Secretary General of the Council of Europe on her implementation of the ECHR.
Russia and European Human-Rights Law
Title | Russia and European Human-Rights Law PDF eBook |
Author | |
Publisher | Martinus Nijhoff Publishers |
Pages | 247 |
Release | 2014-11-20 |
Genre | Law |
ISBN | 9004203311 |
In Russia and European Human-Rights Law: The Rise of the Civilizational Argument, Lauri Mälksoo and his co-authors critically examine Russia's experiences as part of the European human-rights protection system since its admittance to the Council of Europe in 1998. The authors combine legal and constructivist international-relations theory perspectives in studying Russia's practice and rhetoric as a member of the Council of Europe and a subject to the jurisdiction of the European Court of Human Rights. Certain aspects of human-rights doctrine and practice in Russia are particularly highlighted: the increasing impact of Orthodox Christian teachings on the Russian government's ideology, the situation with media freedom, freedom of religion, etc. The authors draw widely on Russian sources and media. The questions whether modern-day Russia truly fits in the human-rights protection system of the Council of Europe, and whether a margin of appreciation will suffice when dealing with Moscow, are highly relevant in contemporary European politics.
The Impact of the European Convention for the Protection of Human Rights and Fundamental Freedoms on Russian Law
Title | The Impact of the European Convention for the Protection of Human Rights and Fundamental Freedoms on Russian Law PDF eBook |
Author | Anton Burkov |
Publisher | |
Pages | 166 |
Release | 2004 |
Genre | Human rights |
ISBN |
Russia and the European Court of Human Rights
Title | Russia and the European Court of Human Rights PDF eBook |
Author | Lauri Mälksoo |
Publisher | Cambridge University Press |
Pages | 443 |
Release | 2018 |
Genre | Law |
ISBN | 1108415733 |
A critical examination of the effect of the European Court of Human Rights on Russia's approach to human rights.
The Impact of the European Convention on Human Rights on the Right to Education in Russia: 1992-2004
Title | The Impact of the European Convention on Human Rights on the Right to Education in Russia: 1992-2004 PDF eBook |
Author | Gracienne Lauwers |
Publisher | |
Pages | 600 |
Release | 2005 |
Genre | Convention for the Protection of Human Rights and Fundamental Freedoms |
ISBN | 9789058501240 |
The author traces the development of the introduction of European standards on the right to education in Russian legislation. A legal analysis is conducted for the period 1992-2004. The legislative reform is thereby set in the context of Russian history and the present societal context of Russia.
Civil Human Rights in Russia
Title | Civil Human Rights in Russia PDF eBook |
Author | F. Rudinsky |
Publisher | Routledge |
Pages | 374 |
Release | 2017-09-08 |
Genre | Political Science |
ISBN | 135152836X |
Civil rights is a category of human rights that include individual personal freedom, privacy, personal security, a right to life, dignity, freedom from torture, freedom of movement and residence, and freedom of conscience. Such rights differ from the political, economic, social, and cultural rights guaranteed by the International Bill of Rights. The challenge of enforcing these rights has been acute throughout the world, but Russia in particular has experienced unique and significant difficulties. Until now, the theoretical literature dealing with the legal characteristics of civil rights, how to realize them, and how to protect people from their infringement, has been wanting. This timely and comprehensive volume rectifies this lapse, especially as civil rights enforcement relates to Russia. It draws on a wealth of materials, including reports and statistical data from the United Nations, the Council of Europe, the Ombudsman of the Russian Federation, and several Russian offices of state. The contributors, comprised of researchers, judges, lawyers, and legal authorities, are all experts in human and civil rights and bring a fresh perspective to these issues. They analyze international law, Russian legislation, and decisions of the European Court and the Constitutional Court of Russia each from a humanistic stance. While the authors represent different age groups, occupations, and approaches, they are in agreement on the necessity of protecting civil rights; expanding and developing their guaranty both in Russia and all over the world. Civil Human Rights in Russia dispels many of the myths about Russia and its attitude toward civil rights, especially as regards to the stereotype that the Russian people do not know about such rights, nor care about human dignity. The authors of this volume make clear that Russia has been instrumental in the formation and recognition of universal human rights. The Russian contribution builds on those established by the Magna Carta, the Declaration of Independence, the U.S. Constitution's Bill of Rights, and the French Declaration of the Rights of Man and of the Citizen. This volume is a fundamental contribution to the literature, one that will help the reader to understand the essence of civil human rights and how they may be implemented and enforced in the twenty-first century.
The Impact of the European Convention on Human Rights on Russian Law
Title | The Impact of the European Convention on Human Rights on Russian Law PDF eBook |
Author | Anton Burkov |
Publisher | Columbia University Press |
Pages | 164 |
Release | 2007-05-02 |
Genre | Political Science |
ISBN | 389821639X |
This book analyzes the practice of Russia honoring her legal obligations under the European Convention of Human Rights (ECHR): to secure to everyone within its jurisdiction the rights and freedoms defined in the Convention (Article 1 of the ECHR). The study comes to the conclusion that the impact of the ECHR on the Russian legal system, in terms of its implementation by domestic courts, is unsatisfactory. The jurisprudence of the Supreme Court and Supreme Arbitration Court is an attempt to demonstrate to the Council of Europe that the ECHR is being applied, rather than to implement the ECHR. In contrast, the jurisprudence emerging from decisions of the Russian Federation's Constitutional Court and district courts indicates a better understanding of the spirit of the ECHR. Still, the rare instances in which domestic courts implemented the ECHR were, more often than not, prompted by applicants' arguments based on ECHR case-law, rather than by the courts. The book suggests methods of ensuring a more effective implementation of the ECHR's provisions within Russian national law. It develops recommendations on how to assess the Russian government's compliance with judgments of the European Court of Human Rights, and how to interpret explanations submitted by Russia to the Secretary General of the Council of Europe on her implementation of the ECHR.