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Convention for the Protection of Human Rights and Fundamental Freedoms
The heart of the European system of human rights protection is the Convention for the Protection of Human Rights and Fundamental Freedoms (also called the European Convention on Human Rights) adopted in 1950 under the auspices of the Council of Europe. The Council of Europe is distinct from the European Union. Though fundamental rights are essential to European Union law (see below), in the field of human rights the Council of Europe plays the leading role in the region. All 47 states that are members of the Council of Europe are also parties to the Convention.
Now in its fourth edition, Harris, O'Boyle, and Warbrick's Law of the European Convention on Human Rights, remains an indispensable resource for undergraduates, postgraduates, and practitioners alike. The new edition builds on the strengths of previous editions, providing an up-to-date, clear and comprehensive account of Strasbourg case law and its underlying principles. It sets out and critically analyses each Convention article (including those addressed by relevant Protocols), and thoroughly examines the system of supervision. The book also addresses the pressures and challenges facing the Strasbourg system in the twenty-first century.
The seventh edition of Jacobs, White & Ovey: The European Convention on Human Rights is a clear and concise companion to this increasingly important and extensive area of the law. The authors examine each of the Convention rights in turn, explore the pivotal cases in each area and examine the principles that underpin the Court's decisions. The focus on the European Convention itself, rather than its implementation in any one member state, makes this book essential reading for all students looking for a concise yet authoritative overview of the work of the Strasbourg Court. Online Resource Centre The text is accompanied by an Online Resource Centre that features updates on cases and legislation since publication as well as links to useful websites and further reading on the European Convention.
This book provides a systematic and comprehensive overview of the functioning of the European Convention for the Protection of Human Rights and Fundamental Freedoms and its application by the European Court of Human Rights.
The negotiating history of the Convention, published in eight volumes
European Court of Human Rights
The Convention created the European Court of Human Rights, which sits in Strasbourg, France. All state parties to the Convention must accept the jurisdiction of the Court to decide cases involving individual complaints. Research on the case law of the European Court of Human Rights should begin with its website, and specifically, with the database of the Court's judgments, called HUDOC. HUDOC provides for full-text searching, plus options to search using additional fields and/or filters such as the name of the applicant, name of the respondent state, application number, and relevant article of the Convention.
Protecting Human Rights in the EU: controversies and challenges of the Charter of Fundamental Rights by Tanel Kerikmäe (Editor)Human rights are much talked about and much written about, in academic legal literature as well as in political and other social sciences and the general political debate. This book argues that the universality of basic human rights is one of the values of the concept of rights. It points out the risk of a certain "inflation" caused by the current habit of talking so much and so often about human rights and of using them as a basis for claims of various kinds. These rights, their understanding and interpretation may need to become more "purist" to ensure that universal human rights as a concept survive. Another chapter concentrates on the analysis of the frames of "EU protected human rights" from the perspective of effective implementation. Further, the book not only deals with the complicated relations between the EU and international law, but also seeks to show the horizontal effect. To that end, the fears and hopes of the member states and interest groups are categorized and commented on. Lastly, the gaps in theory and practice are addressed, current trends related to implementation are pointed out, and suggestions are made concerning how to make the best out of the Charter.
Call Number: KJE5132 .A32 P76 2014
Publication Date: 2013-09-16
Human Rights in Europe: commentary on the Charter of Fundamental Rights of the European Union by William B. T. MockHuman Rights in Europe is designed to help human rights lawyers and activists, as well as students and scholars of comparative and constitutional law, understand the European Union¿s Charter of Fundamental Rights and Freedoms. Drafted more than 50 years after the onset of European integration, the Charter is deeply influenced by the disparate legal practices of the member states, as well as by the 1948 Universal Declaration of Human Rights and the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms. Unlike the U.S. Bill of Rights, the Charter is a lengthy document, which seeks to provide European citizens with specific rights in areas as diverse as family law, labor law, administrative procedure, and the protection of personal data. Building upon an award-winning volume of European scholarship, this book brings together a dozen major Italian professors of constitutional law, political science, and economics, who have written chapters investigating each of the Charter¿s 54 articles with reference to national and international jurisprudence and political philosophy. Especially prepared for a U.S. audience, this volume is replete with references and sources that provide interested readers with access to some of the best European human rights scholarship available anywhere.
Call Number: KJE5132 .A432 H86 2010
Publication Date: 2009-08-01
The Protection of Fundamental Rights in the EU after Lisbon by Ulf Bernitz (Editor); Sybe De Vries (Editor); Stephen Weatherill (Editor)The changes made by the Lisbon Treaty suggest that its entry into force in December 2009 marks a new stage in the shaping of the EU's commitment to the protection of fundamental rights. This book's concern is to provide an examination of the several (and interlocking) challenges which the Lisbon reforms present. The book will not only address the fresh and intriguing challenges for the EU as an entity committed to the protection and promotion of fundamental rights presented by developments 'post-Lisbon', but also a number of conundrums about the scope and method of protection of fundamental rights in the EU which existed 'pre-Lisbon' and which endure. The book consists of three parts. The first part is concerned with the safeguarding of fundamental rights in Europe's internal market. The second part of the book is entitled 'The Scope of Fundamental Rights in EU Law' and the chapters discuss the reach of fundamental rights and their horizontal dimension. The last part of this book deals with 'The Constitutional Dimension of Fundamental Rights' analysing the special relationship between the ECJ and the ECtHR and the issue of rights competition between the EU Charter on Fundamental Rights, the European Convention on Human Rights and national rights catalogues.
Call Number: E-book and available in print: KJE5132 .A8 P765 2013
The EU As a 'Global Player' in Human Rights? by Jan Wetzel (Editor)The Treaty of Lisbon has endowed the EU with a normative human rights framework that confirms recognition as a fully-fledged regional mechanism for the protection of human rights. The aim of this book is to contribute to the growing discussion of the external human rights dimension of the European Union. Its theme sits at the crossroads between International and EU law, Human Rights, and Political Science. In moving beyond well-covered topics such as the protection of human rights within the EU, or their relevance for the accession of new Member States, this book asks the broader question of whether EU human rights law has any real relevance on a global scale. In total, The EU as a 'Global Player' in Human Rights gives an overview of the international relevance of EU human rights law by means of exemplary case-studies of the EU's institutional and substantive protection of human rights, whilst consideration of non-European perspectives from China and Japan underline its global focus. This book will be of particular interest to researchers, students, and practitioners in International and European law, Human Rights Law, European studies and International Relations.
The European Social Charter guarantees social and economic human rights. It was adopted in 1961 and revised in 1996. The European Committee of Social Rights (ECSR) is the body responsible for monitoring compliance in States Parties.
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