Prohibition of Discrimination Under the European Convention on Human Rights PDF Download
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Author: Frédéric Edel
Publisher: Council of Europe
ISBN: 9789287168177
Category : Political Science
Languages : en
Pages : 156
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Book Description
The European Convention on Human Rights guarantees equality among human beings by means of two provisions that prohibit discrimination: On the one hand, Article 14 of the Convention, ratified by all member states of the Council of Europe; and, On the other hand, The first article of Protocol No. 12, ratified by only some of the members. The content of the prohibition laid down by these two provisions is the same, The only difference is in the extent of their scope: whereas Article 14 prohibits discrimination in the "enjoyment of rights and freedoms set forth by the present Convention", The first article of Protocol No. 12 prohibits discrimination in a broader sense in the "enjoyment of all rights set forth by law". This study proposes an insight into the case law of the European Court of Human Rights on discrimination with respect both To The main principles which guide its implementation and To The specific solutions which the Court has adopted in relation to discrimination. Other questions examined include the scope of the prohibition of discrimination (to what does it apply?), The question of the content of such a prohibition (what precise obligations does it imply?), and last, The question of a judicial review (how does the Court assess compliance with it?).The "Human rights files" series is aimed at specialists in European law: lawyers, practitioners and research students. it also constitutes a useful resource For The implementation of the European Convention on Human Rights in the signatory states.
Author: Frédéric Edel
Publisher: Council of Europe
ISBN: 9789287168177
Category : Political Science
Languages : en
Pages : 156
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Book Description
The European Convention on Human Rights guarantees equality among human beings by means of two provisions that prohibit discrimination: On the one hand, Article 14 of the Convention, ratified by all member states of the Council of Europe; and, On the other hand, The first article of Protocol No. 12, ratified by only some of the members. The content of the prohibition laid down by these two provisions is the same, The only difference is in the extent of their scope: whereas Article 14 prohibits discrimination in the "enjoyment of rights and freedoms set forth by the present Convention", The first article of Protocol No. 12 prohibits discrimination in a broader sense in the "enjoyment of all rights set forth by law". This study proposes an insight into the case law of the European Court of Human Rights on discrimination with respect both To The main principles which guide its implementation and To The specific solutions which the Court has adopted in relation to discrimination. Other questions examined include the scope of the prohibition of discrimination (to what does it apply?), The question of the content of such a prohibition (what precise obligations does it imply?), and last, The question of a judicial review (how does the Court assess compliance with it?).The "Human rights files" series is aimed at specialists in European law: lawyers, practitioners and research students. it also constitutes a useful resource For The implementation of the European Convention on Human Rights in the signatory states.
Author: Olivier De Schutter
Publisher:
ISBN: 9789289491716
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
Languages : en
Pages : 58
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Book Description
Author: Charilaos Nikolaidis
Publisher: Routledge
ISBN: 1317701380
Category : Law
Languages : en
Pages : 238
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Book Description
A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
Author: Yumiko Nakanishi
Publisher: Springer
ISBN: 9811061297
Category : Law
Languages : en
Pages : 218
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Book Description
This book is published open access under a CC BY-NC-ND 4.0 license. This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another. The various chapters cover general fundamental rights and human rights issues in Europe and Asia as well as specific topics regarding the principles of nondiscrimination, women’s rights, the right to freedom of speech in Japan, and China’s Development Banks in Asia. Protection of human rights should be guaranteed in the international community, and research based on a comparative law approach is useful for the protection of human rights at a higher level. As the product of academic cooperation between ten professors of Japanese, Taiwanese, German, Italian, and Belgian nationalities, this work responds to such needs.
Author: Mark W. Janis
Publisher:
ISBN: 019927746X
Category : Law
Languages : en
Pages : 1015
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Book Description
The third edition of European Human Rights Law: Text and Materials has been substantially expanded to provide a complete review of the wide range of rights the Convention protects, with new chapters on the right to life, property, discrimination, religious freedom, and education. The book introduces both the process and the substance of this increasingly important area of European law. A broad selection of extracts from essential cases and materials is accompanied by stimulating commentary that guides the reader through the legal rules and court system that have evolved in Strasbourg, how the court works, and how European human rights law is enforced both at the national and international level. European human rights law is also placed into a useful comparative framework alongside human rights cases decided by courts in the United States, Canada, and elsewhere. This third edition has been extensively updated to cover the major developments of recent years, including the reform of the European Court of Human Rights and the expansion of the system to central and eastern Europe.
Author: Charilaos Nikolaidis
Publisher: Routledge
ISBN: 1317701372
Category : Law
Languages : en
Pages : 278
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Book Description
A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
Author: Thomas Giegerich
Publisher: Springer Nature
ISBN: 3030437647
Category : Law
Languages : en
Pages : 493
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Book Description
This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles.
Author:
Publisher:
ISBN: 9789294919106
Category :
Languages : en
Pages : 295
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Book Description
This handbook provides an overview of key aspects of non-discrimination law in Europe, with specific reference to the prohibition of discrimination provided in the Council of Europe’s European Convention on Human Rights (ECHR), as interpreted by the European Court of Human Rights (ECtHR), and the law of the European Union, as interpreted by the Court of Justice of the European Union (CJEU). The handbook acknowledges that the principle of non-discrimination is very important because it influences the enjoyment of all other human rights. The aim of non-discrimination law is to allow all individuals an equal and fair prospect to access opportunities available in a society. The handbook is designed to assist legal practitioners who are not specialised in the field of non-discrimination law, serving as an introduction to key issues involved. It is intended for lawyers, judges, prosecutors, social workers, as well as for persons who work with national authorities, non-governmental organisations (NGOs) and other bodies that deal with legal questions relating to issues of discrimination. The handbook may also be useful for legal research or public advocacy purposes. It is designed to permit practitioners to refer directly to specific sections/topics as required; it is not necessary to read the handbook as a whole. European non-discrimination law, as constituted in particular by the EU non-discrimination directives, and Article 14 of and Protocol 12 to the European Convention on Human Rights, prohibits discrimination across a range of contexts and grounds. This handbook examines European nondiscrimination law stemming from these two sources as complementary systems, drawing on them interchangeably to the extent that they overlap, while highlighting differences where these exist. It also contains references to other Council of Europe instruments, in particular the European Social Charter, as well as to relevant United Nations instruments. With the impressive body of case law by the European Court of Human Rights and the Court of Justice of the European Union in the non-discrimination field, it seems useful to present, in an accessible way, a handbook intended for legal practitioners - such as judges, prosecutors and lawyers, as well as lawenforcement officers - in the EU and Council of Europe member states and beyond.
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9287159262
Category : Law
Languages : en
Pages : 160
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Book Description
This publication sets out the proceedings of a Council of Europe seminar held in Strasbourg in October 2005 to mark the entry into force of Protocol no. 12 to the European Convention on Human Rights. The seminar was organised to examine the challenges to the effective application of this Protocol which sets out a general prohibition of discrimination based on the equal dignity of all human beings, with the aim of promoting further ratifications by Council of Europe member states. Contributors to the seminar included government officials, European Court of Human Rights judges, members of the European Commission against Racism and Intolerance and of the European Committee of Social Rights, academic experts and NGO representatives.
Author: Loukis Loucaides
Publisher: BRILL
ISBN: 9047422252
Category : Law
Languages : en
Pages : 287
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Book Description
This book comprises 13 articles on topics drawn from the European Convention on Human Rights. The book provides the reader with interesting information on aspects of Human Rights explored for the first time and presented from a critical standpoint.
