Cases, Materials, and Commentary on the European Convention on Human Rights

Höfundur: Alastair Mowbray (Útgáfa: 3)
Cases, Materials, and Commentary on the European Convention on Human Rights

Kaup valmöguleikar

The European Convention on Human Rights can now be invoked by 800 million people across 47 member States. It is the most developed and successful system of international legal protection for fundamental human rights in existence. The first two editions of this widely used and highly praised work were designed to address the challenge faced by undergraduate and postgraduate students in comprehending the extensive, complex and lengthy jurisprudence emanating from Strasbourg.

This updated edition continues that mission. It provides a selection of the leading jurisprudence, together with commentary, enabling readers to gain a critical and contemporary understanding of the major rights and freedoms guaranteed by the ECHR. Separate chapters are devoted to each of the fundamental rights, providing an in-depth analysis of the rights and freedoms and their limitations. An examination of the background to the creation of the Convention, and the constantly developing system of adjudication and remedies at the European level are also included.

Nánar um bókina

Útgefandi
Oxford University Press Academic UK
ISBN
9780191005725
Print ISBN
9780199577361
Format
Page Fidelity (PDF)
Útgáfa
3
Höfundar
Alastair Mowbray
Tungumál
English
Útgefið
2012-03-29
Prent takmörkun á líftíma
100
Prent takmörkun
10
Afritunar takmörkun
2

Kaflar

  • Contents
  • Acknowledgements
  • Table of statutes
  • Table of European legislation
  • Table of cases
  • 1 The creation of the Convention
  • 2 The Strasbourg System for determining applications under the Convention
  • Introduction
  • The original system
  • The Protocol 11 system
  • The Protocol 14 system
  • Background
  • Composition of the Court
  • Status of the judges
  • Organization of the Court
  • The Registry of the Court
  • Cost of the Court
  • The determination of applications
  • Further reforms
  • 3 Article 1 Obligation to respect human rights
  • 4 Article 2 Right to life
  • The Court’s general approach
  • Article 2(1)
  • States’ positive obligations
  • The duty on States to undertake effective investigations into alleged breaches of the right to life
  • The death penalty
  • Article 2(2)
  • Defence of persons from unlawful violence (Article 2(2)(a))
  • To effect a lawful arrest or to prevent the escape of a person lawfully detained (Article 2(2)(b))
  • Action lawfully taken to quell a riot or insurrection (Article 2(2)(c))
  • 5 Article 3 Prohibition of torture
  • The Court’s general approach
  • Torture
  • Inhuman treatment
  • Physical violence
  • Inhuman punishment
  • Degrading treatment
  • Degrading punishment
  • 6 Article 4 Prohibition of slavery and forced labour
  • 7 Article 5 Right to liberty and security
  • The concept of liberty
  • The obligation to account for a person in custody
  • In accordance with a procedure prescribed by law
  • Article 5(1): permissible grounds for arrest and detention
  • Article 5(1)(a): conviction by a competent court
  • Article 5(1)(b): non-compliance with a court order or failure to fulfil an obligation prescribed by
  • Article 5(1)(c): reasonable suspicion of a criminal offence, etc
  • Article 5(1)(d): educational supervision, etc, of minors
  • Article 5(1)(e): infectious diseases, unsound mind, alcoholics, vagrants, etc
  • Article 5(1)(f): deportation or extradition
  • Article 5(2): reasons for detention
  • Article 5(3): pre-trial detention and trial within a reasonable time
  • Right to be brought promptly before a judge
  • Granting of bail
  • Article 5(4): remedy to challenge the legality of detention
  • Article 5(5): right to compensation
  • 8 Article 6 Right to a fair trial
  • Article 6(1)
  • Civil rights and obligations
  • Criminal charge
  • Fair hearing
  • Public hearing
  • Within a reasonable time
  • An independent and impartial tribunal
  • Public pronouncement of judgment
  • Article 6(2): presumption of innocence
  • Article 6(3)
  • Article 6(3)(a): defendant’s right to be informed of the accusation
  • Article 6(3)(b): defendant’s right to adequate time/facilities to prepare defence
  • Article 6(3)(c): legal assistance
  • Article 6(3)(d): examination of witnesses
  • Article 6(3)(e): provision of free interpretation
  • 9 Article 7 No punishment without law
  • Article 7(1)
  • Article 7(2)
  • 10 Article 8 Right to respect for private and family life
  • Article 8(1)
  • Private life
  • Family life
  • Home
  • Correspondence
  • Respect for the rights protected under Article 8(1)
  • Article 8(2)
  • Interference by public authorities with the rights protected by Article 8
  • In accordance with the law
  • Necessary in a democratic society
  • Legitimate aim of interference
  • 11 Article 9 Freedom of thought, conscience and religion
  • The Court’s general approach
  • Article 9(1)
  • Freedom of thought, conscience and religion: protected beliefs
  • The right to manifest a person’s religion or belief
  • Article 9(2)
  • Express limitations on the right to manifest a person’s religion or belief
  • 12 Article 10 Freedom of expression
  • The Court’s general approach
  • The margin of appreciation
  • Article 10(1)
  • The scope of freedom of expression
  • Freedom to hold opinions
  • Right to receive and impart information and ideas
  • The licensing of broadcasting, television, or cinema
  • Article 10(2)
  • Duties and responsibilities
  • Formalities, conditions, restrictions, or penalties
  • Prescribed by law
  • Necessary in a democratic society
  • Legitimate aims of interferences with freedom of expression
  • Territorial integrity or public safety
  • For the prevention of disorder or crime
  • For the protection of health or morals
  • For the protection of the reputation or rights of others
  • For preventing the disclosure of information received in confidence
  • For maintaining the authority and impartiality of the judiciary
  • 13 Article 11 Freedom of assembly and association
  • The Court’s general approach
  • Article 11(1)
  • The right to freedom of peaceful assembly
  • The right to freedom of association with others
  • The right to form and to join trade unions for the protection of his interests
  • The negative right to freedom of association
  • Article 11(2)
  • The restrictions contained in the first sentence
  • The restrictions contained in the second sentence
  • 14 Article 12 Right to marry
  • 15 Article 13 Right to an effective remedy
  • 16 Article 14 Prohibition of discrimination
  • 17 Article 15 Derogation in time of emergency
  • Index
  • A
  • B
  • C
  • D
  • E
  • F
  • G
  • H
  • I
  • J
  • K
  • L
  • M
  • N
  • O
  • P
  • R
  • S
  • T
  • U
  • V
  • W
  • Y