Author : Jan Wouters
Publisher : Oxford University Press, USA
Page : 729 pages
File Size : 48,52 MB
Release : 2021-02-17
Category : Law
ISBN : 0198814194
EU commitment to human rights policies has grown following the Lisbon Treaty. Taking stock of those developments, this book describes the framework, actors, policies, and strategies of human rights across the EU and how their impact is felt. Contributed to by scholars from across the EU, this provides an in-depth and holistic view of the issues.
Author : Kanstantsin Dzehtsiarou
Publisher : Routledge
Page : 249 pages
File Size : 34,23 MB
Release : 2014-03-21
Category : Law
ISBN : 1135971862
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.
Author : Nina-Louisa Arold Lorenz
Publisher : Martinus Nijhoff Publishers
Page : 309 pages
File Size : 49,6 MB
Release : 2014-04-30
Category : Law
ISBN : 9004258442
The European Human Rights Culture – A Paradox of Human Rights Protection in Europe? analyses the political term “European Human Rights Culture”, a term first introduced by EU Commission President Barroso. Located in the fields of comparative law and European law, this book analyses, through first-hand interviews with the European judiciary, the judicial perspective on the European human rights culture and sets this in context to the political dimension of the term. In addition, it looks at the structures and procedures of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), and explains the embedding of the Courts’ legal cultures. It offers an in-depth analysis of the margin of appreciation doctrine at both the CJEU and ECtHR, and shows its value for addressing human rights grievances. This book is novel in that it combines interviews and case-law analysis to show how a mix of differences on the bench are legally amalgamated to resolve probing legal questions and human rights issues. It shows, through a combined analysis of case-law and recent political developments for European human rights, the tensions between judicial and political approaches and the paradox of human rights protection in Europe. It also offers in-depth knowledge of the European human rights discourse. In addition to a rich study of legal materials, the book looks inside the box by adding the judiciary’s perspective. Human rights are widely acknowledged in European societies and cases claiming human rights violations are increasing at both the CJEU and ECtHR. In these times of increased human rights awareness, this book uncovers a paradox in European human rights protection which is created by the push-and-pull between judicial and political interests.
Author : Rasmus Mariager
Publisher : Routledge
Page : 211 pages
File Size : 25,64 MB
Release : 2014-06-05
Category : History
ISBN : 1135973261
This book provides an overview of the establishment, dispersion and effects of human rights in Europe during the Cold War. The struggle for human rights did not begin at the end of the Second World War. For centuries, political associations, religious societies and individuals had been fighting for political freedom, religious tolerance, freedom of expression, freedom of thought and the right to participate in politics. However, the world was awakened by the atrocities of the Second World War and the idea that every person should have certain perpetual and inalienable rights was set out in The Universal Declaration of Human Rights (UDHR) from 1948, which contained an enumeration of international human rights standards. Adopting an interpretative framework which pulls together universal ideas, values and principles of human rights, Human Rights in Europe during the Cold War demonstrates how conflicting interests collided when the exact meaning of human rights was established. It also discusses various approaches to the idea of imposing respect for human rights in countries where they were systematically violated and assesses the outcome of international accords on human rights, in particular the 1975 Helsinki Final Act. In conclusion, this volume proposes that human rights functioned as moral support to the opposition in repressive regimes and that this was subsequently used as a tool to further system changes. Based on new archival research, this book will be of much interest to students of Cold War studies, human rights, European history, international law and IR in general.
Author : Jakub Tyszkiewicz
Publisher : Routledge
Page : 244 pages
File Size : 15,51 MB
Release : 2021-12-06
Category : Political Science
ISBN : 1000479846
This volume examines to what extent the positive atmosphere created by the Helsinki Accords contributed to the change in political circumstances seen in the countries of Central Europe, under Soviet domination. It focuses in particular on - firstly - a consequent new impetus to bolster human rights in international politics, as Western democracies - especially the US - integrated human rights concerns into its foreign policy relations with Soviet Bloc countries and - secondly – how this Western embrace of human rights seemed to create new incentives for increased dissident activity in Central and Eastern Europe and from 1976 onward. Finally, the book reminds us of the significant role of the Helsinki Accords in developing democratic practices in Eastern European societies under Soviet domination in 1975-1989 and in creating the conditions for the peaceful transition to democratic government in the years that followed. This book will be of key interest to scholars and students of the history of communism, post-Soviet, Russian, and central and East European politics, the history of human rights, and democratization.
Author : Steven Greer
Publisher : Cambridge University Press
Page : 562 pages
File Size : 19,21 MB
Release : 2018-03-29
Category : Law
ISBN : 1108647456
Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.
Author : Jean Petaux
Publisher : Council of Europe
Page : 344 pages
File Size : 41,73 MB
Release : 2009-01-01
Category : Political Science
ISBN : 9789287166678
Over 800 million Europeans can individually obtain a ruling from a European court against their State if it has violated their human rights. There is an assembly in Strasbourg where members of the Icelandic, Russian, Portuguese, German, Georgian and other European parliaments all sit together. A Congress exists whose sessions are attended by representatives of 200 000 local and regional authorities of Europe. All these statements relate to the Council of Europe, the first of the European institutions to be founded. Now 47 member states strong, the Council - which is to celebrate its 60th anniversary this year - has become one of the main institutions of intergovernmental co-operation. This book looks at the political role of the Council of Europe, which is now not only a forum for democracy and a gage of stability, the home of human rights and the forum of cultural diversity, but also the crucible of Europe and the future for politics. The author examines all that is specific to the Council of Europe within the European architecture, particularly vis-á-vis the European Union. This book is essential reading for anyone wishing to study the Strasbourg-based Council of Europe, understand how it operates and find out about the contribution that it makes.
Author : Brigit C. A. Toebes
Publisher :
Page : 0 pages
File Size : 12,47 MB
Release : 2012
Category : Europe
ISBN : 9789400001510
The area of 'health and human rights' is a new and emerging field under international and European human rights law and health law. Taking a 'health and human rights approach' means using international, European, and national human rights law in relation to a wide range of health issues, including access to healthcare, health data protection, the quality of pharmaceutical drugs, as well as medical-ethical issues, such as abortion and euthanasia. Human rights law can play an important role in promoting and protecting health, both nationally and internationally. It gives a legal and moral dimension to existing health-related approaches, and, as such, it can enrich other health-related disciplines, including medical law, health law, bio-law, bio-ethics, public health, and social medicine. There is, however, still very little understanding of the various and multiple legal interfaces between 'health' and 'human rights,' and of the implications of this approach for legal research and practi
Author : Rachael Dickson
Publisher : Routledge
Page : 240 pages
File Size : 16,48 MB
Release : 2022-04-28
Category : Law
ISBN : 1000570703
Migration is one of the greatest societal challenges of our time. It has many facets, from mass movements to escape war, climate, or human rights abuses to the search for economic opportunity and prosperity. Illicit industries facilitate border crossings at the expense of safety, and governments face problems of processing and integrating new arrivals. These challenges have had a profound impact in Europe, calling into question central values of solidarity and human rights. This book analyses the law and policy of migration in the European Union (EU) and its relationship to understandings of the EU as an international human rights actor. It examines the role crisis plays in determining the priorities of migration policy and the impact political exigencies have on the rights of migrants. This book problematises the EU Area of Freedom, Security, and Justice as a ‘home.’ Taking a governmentality approach to critique discourse, the idea of a holistic approach is deconstructed to explore notions of wellness, resilience, responsibilisation and externalisaton. The EU’s pursuit of a holistic approach to managing migration in crisis indicates problems with EU solidarity, and the tactics employed to bring the crisis under control reveal security concerns that provoke questions about the EU as an international human rights actor. Both this framework for analysis and the empirical findings make a significant contribution to how the migration crisis can be theorised using adaptable conceptual tools. Under this form of governance, migration becomes a phenomenon to be treated so that its symptoms are ameliorated. This book will be of interest to students and scholars of the EU, migration, and human rights as well as policymakers, commentators, and activists in these areas.
Author : Jan Wouters
Publisher :
Page : 0 pages
File Size : 31,22 MB
Release : 2013
Category : Human rights
ISBN : 9781780681146
This book, the result of a COST conference held in Leuven in April 2012, focuses on the functioning and role of National Human Rights Institutions (NHRIs) in Europe in a comparative European and International perspective. By bringing together contributions from academic and practitioners, the volume offers insights into the opportunities and challenges that accompany the increasing emergence of NHRIs in Europe and their proliferation on the multiple levels of human rights promotion and protection. Accordingly, it aims to inform and further trigger the NHRI debate in Europe.
