Jacobs, White, and Ovey: The European Convention on Human Rights

Höfundar: Bernadette Rainey; Pamela McCormick; Clare Ovey (Útgáfa: 8)
Jacobs, White, and Ovey: The European Convention on Human Rights

Kaup valmöguleikar

Áttunda útgáfa Jacobs, White and Ovey: The European Convention on Human Rights er skýr og hnitmiðuð leiðsögn um þetta sífellt mikilvægara og umfangsmeira réttarsvið. Höfundarnir fjalla um hvert réttindi mannréttindasáttmálans fyrir sig, greina helstu dómsmálin á hverju sviði og skoða meginreglurnar sem liggja ákvörðunum dómstólsins til grundvallar. Þar sem áherslan er á Mannréttindasáttmála Evrópu sjálfan, en ekki innleiðingu hans í einstökum aðildarríkjum, er bókin nauðsynlegt lesefni fyrir alla nemendur sem vilja hnitmiðað en traust yfirlit yfir starf Mannréttindadómstóls Evrópu í Strassborg.

Nánar um bókina

Útgefandi
Oxford University Press Academic UK
ISBN
9780192586438
Print ISBN
9780192586421
Format
ePub
Útgáfa
8
Höfundar
Bernadette Rainey; Pamela McCormick; Clare Ovey
Tungumál
English
Útgefið
2020-12-23
Prent takmörkun á líftíma
100
Prent takmörkun
2
Afritunar takmörkun
2

Kaflar

  • Cover
  • Title page
  • Copyright
  • Dedication
  • CONTENTS
  • PREFACE TO THE EIGHTH EDITION
  • NEW TO THIS EDITION
  • A NOTE ON CITATION CONVENTIONS
  • TABLE OF JUDGMENTS AND DECISIONS OF THE COURT OF HUMAN RIGHTS
  • TABLE OF DECISIONS AND REPORTS OF THE COMMISSION OF HUMAN RIGHTS
  • TABLE OF TREATIES AND RELATED DOCUMENTS
  • TABLE OF CASES
  • ABBREVIATIONS
  • PART I: INSTITUTIONS AND PROCEDURES
  • 1 CONTEXT, BACKGROUND, AND INSTITUTIONS
  • CONTEXT
  • THE STRUCTURE AND AIMS OF THE COUNCIL OF EUROPE
  • THE CONTENT OF THE EUROPEAN CONVENTION
  • THE SYSTEM OF PROTECTION
  • THE ROLE OF THE SECRETARY-GENERAL OF THE COUNCIL OF EUROPE
  • THE COMMISSIONER FOR HUMAN RIGHTS
  • OTHER HUMAN RIGHTS INSTRUMENTS OF THE COUNCIL OF EUROPE
  • RELATIONSHIP WITH OTHER INTERNATIONAL COURTS AND TRIBUNALS
  • CONCLUDING REMARKS
  • FURTHER READING
  • 2 PROCEEDINGS BEFORE THE COURT
  • INTRODUCTION
  • COMPOSITION AND GENERAL PROCEDURE
  • PROCEDURE PRIOR TO THE DECISION ON ADMISSIBILITY
  • EXAMINATION OF ADMISSIBILITY: PROCEDURAL ISSUES
  • CONDITIONS OF ADMISSIBILITY
  • JUDGMENT
  • REMEDIES UNDER ARTICLE 41
  • ADVISORY OPINIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS
  • THE REFORM PROCESS: PROTOCOLS 15 AND 16 AND BEYOND
  • CONCLUDING REMARKS
  • FURTHER READING
  • APPENDIX
  • 3 SUPERVISING THE ENFORCEMENT OF JUDGMENTS
  • INTRODUCTION
  • MEASURES REQUIRED FOR THE EXECUTION OF JUDGMENTS
  • THE PROCEDURE FOR THE SUPERVISION OF EXECUTION
  • THE COURT’S JURISDICTION TO RULE ON THE SUFFICIENCY OF EXECUTION
  • CONCLUDING REMARKS
  • 4 INTERPRETING THE CONVENTION
  • INTRODUCTION
  • THE INFLUENCE OF THE VIENNA CONVENTION
  • THE PRINCIPLE OF EVOLUTIVE INTERPRETATION
  • APPROACHES AND IDEOLOGIES, AND THE MARGIN OF APPRECIATION
  • CONCLUDING REMARKS
  • FURTHER READING
  • 5 THE SCOPE OF THE CONVENTION
  • GENERAL SCOPE OF THE CONVENTION
  • LIABILITY FOR ACTS OF STATE-OWNED ENTERPRISES AND STATE AGENTS
  • TEMPORAL SCOPE
  • THE CONCEPT OF TERRITORIAL JURISDICTION IN ARTICLE 1 OF THE CONVENTION
  • LIABILITY FOR ACTS OF INTERNATIONAL ORGANISATIONS
  • OTHER ISSUES RELATING TO TERRITORIAL SCOPE
  • CONCLUDING REMARKS
  • FURTHER READING
  • 6 RESERVATIONS AND DEROGATIONS
  • INTRODUCTION
  • RESERVATIONS
  • DEROGATIONS IN EMERGENCY SITUATIONS
  • PROHIBITION OF ABUSE OF RIGHTS
  • LIMITATION ON USE OF RESTRICTIONS ON RIGHTS
  • FURTHER READING
  • PART II: CONVENTION RIGHTS
  • 7 THE RIGHT TO AN EFFECTIVE REMEDY
  • INTRODUCTION
  • WHAT IS AN ARGUABLE COMPLAINT?
  • THE NATURE OF THE REMEDIES REQUIRED
  • VIOLATIONS BY PERSONS IN AN OFFICIAL CAPACITY
  • CONCLUDING REMARKS
  • FURTHER READING
  • 8 THE RIGHT TO LIFE
  • INTRODUCTION
  • THE DEATH PENALTY AND THE EXTRATERRITORIAL APPLICATION OF THE RIGHT TO LIFE
  • PROHIBITION OF INTENTIONAL KILLING BY THE STATE
  • DEATH IN CUSTODY AND FORCED DISAPPEARANCE
  • THE POSITIVE OBLIGATION TO PROTECT LIFE
  • THE DUTY TO INVESTIGATE SUSPICIOUS DEATHS
  • MEDICAL TERMINATION OF PREGNANCY AND THE RIGHTS OF THE UNBORN CHILD
  • EUTHANASIA AND THE QUALITY OF LIFE
  • CONCLUDING REMARKS
  • FURTHER READING
  • 9 PROHIBITION OF ILL-TREATMENT
  • INTRODUCTION
  • DEFINING THE TERMS
  • OBLIGATIONS CONCERNING THE REMOVAL OF PERSONS FROM THE STATE
  • DISAPPEARANCES
  • USE OF FORCE BY THE STATE
  • DESTRUCTION OF HOMES AND POSSESSIONS
  • CORPORAL PUNISHMENT
  • PROTECTION FROM GENDER-BASED VIOLENCE
  • ACTS IN THE COURSE OF ARREST AND POLICE DETENTION
  • CONDITIONS OF DETENTION
  • POSITIVE OBLIGATIONS
  • EVIDENTIAL ISSUES
  • EUROPEAN CONVENTION FOR THE PREVENTION OF TORTURE
  • CONCLUDING REMARKS
  • FURTHER READING
  • 10 PROTECTION FROM SLAVERY AND FORCED LABOUR
  • INTRODUCTION
  • SLAVERY OR SERVITUDE
  • HUMAN TRAFFICKING
  • POSITIVE OBLIGATIONS
  • FORCED OR COMPULSORY LABOUR
  • PRISON LABOUR
  • MILITARY SERVICE
  • EMERGENCIES
  • CIVIC OBLIGATIONS
  • ARTICLE 4 AND ARTICLE 14
  • CONSENT
  • CONCLUDING REMARKS
  • FURTHER READING
  • 11 PERSONAL LIBERTY AND SECURITY
  • INTRODUCTION
  • STRUCTURE OF ARTICLE 5
  • WHAT AMOUNTS TO A DEPRIVATION OF LIBERTY?
  • THE LAWFULNESS OF THE DEPRIVATION OF LIBERTY
  • THE CONCEPT OF ARBITRARINESS
  • POSITIVE OBLIGATIONS
  • UNACKNOWLEDGED DETENTION
  • PERMITTED PRE-TRIAL DETENTION
  • THE RIGHT TO RELEASE PENDING TRIAL AND TRIAL WITHIN A REASONABLE TIME
  • THE REMAINING PERMITTED GROUNDS OF DETENTION
  • NOTIFICATION OF THE REASONS FOR ARREST OR DETENTION
  • TESTING THE LEGALITY OF THE DETENTION
  • AN ENFORCEABLE RIGHT TO COMPENSATION
  • CONCLUDING REMARKS
  • FURTHER READING
  • 12 THE RIGHT TO A FAIR TRIAL IN CIVIL AND CRIMINAL CASES
  • INTRODUCTION
  • THE SCOPE OF ARTICLE 6(1)
  • RIGHT OF ACCESS TO COURT
  • THE EFFECTIVENESS OF COURT PROCEEDINGS
  • THE OVERALL REQUIREMENTS OF A FAIR HEARING
  • THE SPECIFIC REQUIREMENTS OF ARTICLE 6(1)
  • WAIVING RIGHTS
  • EXTRATERRITORIAL EFFECT
  • CONCLUDING REMARKS
  • FURTHER READING
  • 13 ASPECTS OF THE CRIMINAL PROCESS
  • INTRODUCTION
  • THE SCOPE OF ARTICLE 6(2) AND (3)
  • FAIR TRIAL GUARANTEES IN CRIMINAL CASES
  • ARTICLE 7: THE PRINCIPLE OF LEGALITY
  • PROTOCOL 7
  • CONCLUDING REMARKS
  • FURTHER READING
  • 14 LIMITATIONS COMMON TO ARTICLES 8 TO 11
  • INTRODUCTION
  • EXPRESS LIMITATIONS: SOME GENERAL POINTS
  • A REQUIRED LEGAL BASIS FOR THE INTERFERENCE
  • SPECIFIED LEGITIMATE AIMS
  • THE LIMITATION MUST BE NECESSARY IN A DEMOCRATIC SOCIETY
  • CONCLUDING REMARKS
  • FURTHER READING
  • 15 PROTECTING FAMILY LIFE
  • INTRODUCTION
  • DEFINING FAMILY LIFE
  • POSITIVE OBLIGATIONS AND FAMILY LIFE
  • A RIGHT TO REPRODUCE BY MEANS OF ASSISTED REPRODUCTION AND/OR SURROGACY?
  • CUSTODY, ACCESS, AND CARE PROCEEDINGS
  • THE RIGHT TO ADOPT
  • INHERITANCE RIGHTS
  • THE FAMILY LIFE OF NON-NATIONALS
  • THE FAMILY LIFE OF PRISONERS
  • THE RIGHT TO MARRY AND FOUND A FAMILY
  • EQUALITY BETWEEN SPOUSES
  • CONCLUDING REMARKS
  • FURTHER READING
  • 16 PROTECTING PRIVATE LIFE, THE HOME, AND CORRESPONDENCE
  • INTRODUCTION
  • DEFINITIONS
  • POSITIVE OBLIGATIONS AND PRIVATE LIFE
  • FREEDOM FROM INTERFERENCE WITH PHYSICAL AND PSYCHOLOGICAL INTEGRITY
  • THE COLLECTION, STORAGE, AND USE OF PERSONAL DATA
  • FREEDOM TO DEVELOP ONE’S IDENTITY
  • IMMIGRATION ISSUES AND PRIVATE LIFE
  • HEALTH AND MEDICAL PROCEDURES
  • PROTECTION OF THE ENVIRONMENT
  • PROTECTION OF THE HOME
  • PROTECTION OF PRISONERS’ CORRESPONDENCE
  • CONCLUDING REMARKS
  • FURTHER READING
  • 17 FREEDOM OF THOUGHT, CONSCIENCE, AND RELIGION
  • INTRODUCTION
  • THE SCOPE OF ARTICLE 9
  • PROSELYTISM
  • RELIGIOUS DRESS AND SYMBOLS
  • MANIFESTATION OF RELIGION AND BELIEF BY PRISONERS
  • CONSCIENTIOUS OBJECTION TO MILITARY SERVICE
  • IMMIGRATION ISSUES AND FREEDOM OF RELIGION
  • A RIGHT NOT TO MANIFEST A RELIGION
  • THE RECOGNITION AND AUTHORISATION OF RELIGIOUS ORGANISATIONS
  • POSITIVE OBLIGATIONS
  • CONCLUDING REMARKS
  • FURTHER READING
  • 18 FREEDOM OF EXPRESSION
  • INTRODUCTION
  • WHAT CONSTITUTES AN INTERFERENCE WITH FREE EXPRESSION?
  • LIMITATIONS ON FREEDOM OF EXPRESSION
  • HATE SPEECH AND INCITEMENT TO VIOLENCE
  • OBSCENITY AND BLASPHEMY
  • THE PRESS AS THE ‘WATCHDOG’ OF DEMOCRACY
  • THE CONFLICT WITH THE RIGHT TO PRIVATE LIFE
  • LEGAL AID TO DEFEND DEFAMATION PROCEEDINGS
  • CONFIDENTIAL INFORMATION
  • WHISTLE-BLOWERS
  • PROTEST
  • ADVERTISEMENTS
  • BROADCASTING
  • SEVERITY OF ANY PENALTY
  • POSITIVE OBLIGATIONS
  • CONCLUDING REMARKS
  • FURTHER READING
  • 19 FREEDOM OF ASSEMBLY AND ASSOCIATION
  • INTRODUCTION
  • POSITIVE OBLIGATIONS
  • PEACEFUL PROTEST
  • DEFINING ASSOCIATIONS
  • REGISTRATION
  • POLITICAL PARTIES
  • OTHER ASSOCIATIONS
  • TRADE UNIONS
  • RESTRICTIONS ON PARTICULAR GROUPS OF WORKERS
  • CONCLUDING REMARKS
  • FURTHER READING
  • 20 PROTECTION OF PROPERTY
  • INTRODUCTION
  • POSITIVE OBLIGATIONS
  • DEFINING POSSESSIONS
  • DEPRIVATION OF PROPERTY
  • CONTROLLING THE USE OF PROPERTY
  • OTHER INTERFERENCES WITH PEACEFUL ENJOYMENT OF POSSESSIONS
  • CONCLUDING REMARKS
  • FURTHER READING
  • 21 THE RIGHT TO EDUCATION
  • INTRODUCTION
  • THE RIGHT TO EDUCATION
  • REGULATING EDUCATION
  • SAFEGUARDING PLURALISM IN EDUCATION
  • EDUCATION FOR CONVICTED PRISONERS
  • CONCLUDING REMARKS
  • FURTHER READING
  • 22 THE RIGHT TO FREE ELECTIONS
  • INTRODUCTION
  • WHAT IS THE LEGISLATURE?
  • ELECTORAL SYSTEMS
  • THE RIGHT TO VOTE
  • THE RIGHT TO STAND FOR ELECTION
  • CONCLUDING REMARKS
  • FURTHER READING
  • 23 FREEDOM OF MOVEMENT
  • INTRODUCTION
  • MOVEMENT AND RESIDENCE
  • THE PROHIBITION OF EXPULSION OF NATIONALS
  • THE RIGHT OF ENTRY TO THE TERRITORY OF THE STATE OF NATIONALITY
  • PROHIBITING THE COLLECTIVE EXPULSION OF ALIENS
  • EXPULSION ONLY TO FOLLOW DUE PROCESS
  • CONCLUDING REMARKS
  • FURTHER READING
  • 24 FREEDOM FROM DISCRIMINATION
  • INTRODUCTION
  • POSITIVE OBLIGATIONS
  • THE COURT’S METHODOLOGY
  • DOES THE COMPLAINT OF DISCRIMINATION FALL WITHIN THE SCOPE OF A PROTECTED RIGHT?
  • IS THE ALLEGED REASON FOR THE DISCRIMINATION ONE OF THE GROUNDS LISTED IN ARTICLE 14?
  • CAN THE APPLICANTS PROPERLY COMPARE THEMSELVES WITH ANOTHER CLASS OF PERSONS WHICH IS TREATED MORE FAVOURABLY?
  • IS THE DIFFERENCE OF TREATMENT CAPABLE OF OBJECTIVE AND REASONABLE JUSTIFICATION?
  • INDIRECT DISCRIMINATION AND MINORITIES
  • PROVING DISCRIMINATION
  • PROTOCOL 12: A GENERAL PROHIBITION OF DISCRIMINATION
  • CONCLUDING REMARKS
  • FURTHER READING
  • PART III: REFLECTIONS
  • 25 RESULTS AND PROSPECTS
  • INTRODUCTION
  • RESULTS
  • PROSPECTS
  • FINAL REMARKS
  • INDEX