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.
This volume offers a comprehensive analysis and comparison of the case law and practice of the European Court of Human Rights and the United Nations Committee against Torture in individual cases concerning the principle of non-refoulement. It covers both procedural and material aspects relevant in expulsion and extradition cases submitted by individuals under Article 3 of the European Convention on Human Rights (ECHR) or Article 3 of the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).
The book is a particularly helpful tool for asylum lawyers, human rights advocates, and other practitioners. It is also a reference work of significant value to scholars interested in non-refoulement under both conventions and in the context of human rights or refugee law in general.
Human Rights, State Sovereignty and Medical Ethics: Examining Struggles Around Coercive Sterilisation of Romani Women examines the mobilized use by people and groups of the international human rights law framework to move legal, policy and ultimately social change at national and local level. One particular case study is examined in detail: efforts by Romani women in the Czech Republic and Slovakia to secure legal remedy for coercive sterilization. International legal aspects of these cases are examined in detail. The book concludes by endeavouring to answer questions concerning the nature of international law and the evolution of the post-World War II international human rights framework, the structure of national sovereignty, and the potential impact of both on human autonomy.
Mental disability has come of age as a subject of concern under the European Convention on Human Rights. It was only in 1979 that the first significant decision of the ECHR was decided on the subject, and after that, cases were relatively few for many years. It is only recently that this has begun to change. This volume provides an account of where the law currently stands and speculation as to how it may develop. The initial chapters deal with substantive aspects of Convention rights (including issues of detention in institutions, conditions within institutions, medical treatment, problems associated with guardianship and others). The final two chapters move to discuss the practicalities of litigation. The book concludes with a number of appendices (primarily the primary international legal materials of relevance to mental disability rights under the ECHR, and the relevant recommendations and principles from the Council of Europe). It is hoped that this volume, in addition to shedding light on where the law currently stands, will offer practical guidance to lawyers concerning the mechanics of representing people with mental disabilities.
The International Convention on the Rights of Persons with Disabilities is the first human rights treaty adopted by the United Nations in the 21st century. It seeks to secure the equal and effective enjoyment of human rights for the estimated 650 million persons with disabilities in the world. It does so by tailoring gerneral human rights norms to their circumstances. It reflects and advances the shift away from welfare to rights in the context of disability. The Convention itself represents a mix between non-discrimination and other substantive human rights and gives practical effect to the idea that all human rights are indivisible and interdependent. This collection of essays examines these developments from the global, European and Scandinavian perspectives and the challenge of transposing its provisions into national law. It marks the coming of age of disabilty as a core human rights concern.
Segregation of Roma Children in Education, Sina Van den Bogaert examines, from the perspective of public international law, how the Framework Convention for the Protection of National Minorities (Council of Europe) and the Racial Equality Directive 2000/43/EC (European Union) have contributed towards desegregation of Roma children in education in Europe. The fields of application
ratione personae and
ratione materiae of both instruments are discussed, as well as their "added value". Sina Van den Bogaert demonstrates that the Framework Convention and the Racial Equality Directive are complementary instruments and formulates useful suggestions for a more effective monitoring and implementation of both instruments in the field of Roma education. This book is the first and only comprehensive scholarly treatment in public international law of the still widespread phenomenon of segregation of Roma children in education.
Collective cultural rights are commonly perceived as the most neglected or least developed category of human rights.
Cultural Rights as Collective Rights – An International Law Perspective endeavours to challenge this view and offers a comprehensive, critical analysis of recent developments in distinct areas of international law and jurisprudence, from every region of the world, in relation to the scope, legal content, and enforceability of such rights.
Leading international scholars explore the conceptualisation and operationalisation of collective cultural rights as human rights, encompassing community rights, and discuss the ways in which such rights may collide with other, mostly individual, human rights. As such,
Cultural Rights as Collective Rights – An International Law Perspective offers a cross-cutting and original overview on how the protection, recognition and enforcement of collective cultural rights affect the development, changes and formation of general international law norms.
This edited volume sets out to unravel various dimensions of a particular topical question pertaining to minorities and minority protection, which has not been explored yet, more particularly the socio-economic participation of minorities in relation to their right to (respect for) identity. This interrelation and interaction is studied from a multi-disciplinary perspective, spanning a broad range of disciplines, while drawing on a rich variety of case studies covering various corners of the world. This interrelation manifests itself in distinctive ways for religious minorities, ethnic minorities, and indigenous peoples. As it is impossible to provide a comprehensive coverage, this volume aims to offer a range of articles that reveal the breadth of the theme under review, while combining theoretical analysis with fascinating case studies.
Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.