As the tensions involving religion and society increase, the
European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analysis of the first twenty-five years of the European Court's religion jurisprudence. The Court is one of the most significant institutions confronting the interactions among states, religious groups, minorities, and dissenters. In the 25 years since its first religion case,
Kokkinakis v. Greece, the Court has inserted itself squarely into the international human rights debate regarding the freedom of religion or belief. The authors demonstrate the positive contributions and the significant flaws of the Court's jurisprudence involving religion, society, and secularism.
Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court’s application of the standard of proof ‘beyond reasonable doubt’ and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.
While the supervision of the European Court of Human Rights constantly grows in importance, little is known about the people, especially the judges, inside the Court. To what extent are human rights sensitive to different traditions and is their work burdened through the plurality of legal, historical-political or vocational experiences among the judges? Looking at the first three years of permanent operation of the Court, this book suggests that it is the legal culture that brings the judges together. Based on interviews, field study observations and an analysis of case law, this book takes a novel approach on European human rights law and provides researchers and practitioners with an important basis for a full understanding of the Strasbourg case law.
Structural human rights deficiencies in the member states of the European Convention of Human Rights have caused numerous individual applications to the European Court of Human Rights and are a considerable factor in the Court's persistent overload crisis. The Pilot-Judgment Procedure was devised to tackle these structural deficiencies and has become an important instrument of the Court.
Dominik Haider examines to which extent the Pilot-Judgment Procedure is reconcilable with the European Convention on Human Rights. After an analysis of the member states’ obligations to resolve structural deficiencies, the author asks if the European Court of Human Rights is empowered to take the procedural steps which are characteristic of the Pilot-Judgment Procedure. In particular, the Court's express orders are critically scrutinised.
This collection contains the most important separate opinions of Judge
Loukis Loucaides, member of the European Court of Human Rights from 1998 until 2008. It collates a decade of disagreement with the Court's judgments by a judge with strong moral convictions about the interpretation of the Convention. His opinions were largely inspired by the legal principles he was dedicated to serving. Separate opinions offer valuable insight into different trends and schools of thought that inevitably influence the development of the Court’s case-law. Always eager, as he liked to say, “to call a spade a spade”.
Judge Loucaides' opinions reflect his unfettered commitment to human rights and make for interesting reading.
This book provides a comprehensive guide to the jurisprudence of the criminal tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR), Special Court for Sierra Leone (SCSL), the International Criminal Court (ICC), the European Court of Human Rights (ECHR) on procedural and evidential matters.
The book contains a digest of relevant decisions, orders and judgments (which are collectively referred to as “decisions”) of the ICTY, ICTR, the Special Court (hereinafter “
ad hoc Tribunals”), the ICC, and the ECHR. The CD-ROM which accompanies this book includes the decisions themselves, which are organised topically on it. Most of the decisions on the CD-ROM are in electronically searchable format. The book also includes relevant provisions from the Statutes and Rules of Procedure and Evidence of the
ad hoc Tribunals and the ICC, as well as the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).
The book, together with the collections of decisions, will assist practitioners and researchers in studying the jurisprudence of the Tribunals. This jurisprudence reflects the current state of international criminal law. It will inevitably influence approaches of international courts, including the ICC and "hybrid" tribunals, as well as national courts.
This volume explores the role of the ECtHR in protecting marginalised individuals and minorities. What factors and conditions have led growing numbers of such individuals and minorities to pursue their rights and freedoms in front of the ECtHR and how has the latter responded to these? Does the Convention and the jurisprudence of the Strasbourg Court enhance the protection of vulnerable groups at the national level and expand their rights? Or do they mainly tend to fill in relatively minor gaps or occasional lapses in national rights guarantees? Comprising a set of eight country-based case studies, this volume examines litigation on behalf of marginalised individuals and minorities, and the relevant ECtHR jurisprudence across the following countries: Austria, Bulgaria, Germany, Greece, France, Italy, Turkey and the UK.
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 conflict between immunities and the right of access to court under Article 6 of the European Convention on Human Rights remains one of the most interesting problems in the current Strasbourg jurisprudence. The European Court of Human Rights had to rule repeatedly on interferences with the right of access by State immunity or the immunity of international organisations. It is here that human rights law and public international law are directly conflicting with each other. “Domestic immunities“ of Members of Parliament, judges, the police or the social services have likewise conflicted with the Convention. This book is the first comprehensive work which covers all kinds of immunities and which discusses the entire case-law of the European Court of Human Rights on the matter.
It is usually assumed that economic, social and cultural rights are two different kinds of rights. Despite this dichotomous perception of human rights we talk about human rights as indivisible, interrelated and interdependent. The purpose of the book has been to examine how the European Court of Human Rights perceives of the indivisibility notion as a legal phenomenon. This is done by analysing five different socio-economic rights: the right to health, the right to housing, the right to education, the right to social cash benefits and various work related rights. The examination clearly illustrates that the Court perceives of human rights as indivisible rights and this integrated approach to human rights protection and its further potential is discussed from a hermeneutic perspective.