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In applying an intersectional feminist legal analysis of the European Court of Human Rights’ case law in a variety of human rights issues, this book reveals a different and nuanced understanding of the gender issues. Case law within the ECtHR, which does not explicitly raise gender issues, may have gendered consequences. Profound developments have occurred in Europe in several related areas, including gender equality case law in the context of the prohibition of discrimination under Article 14 of the European Convention on Human Rights; non-conventional parenting rights; discrimination on grounds of sexual orientation and gender identity; rights of asylum seekers; and family reunification ...
This book is a concise practical guide to some of the most relevant ways of thinking and doing international legal research today. It is designed to help students and early career researchers to get acquainted with the theory and practice of a selection of non-doctrinal modes of legal research that include feminist international law, critical international law and TWAIL, complemented with qualitative methods of empirical legal research. The book also encourages a meaningful dialogue with traditional doctrinal styles of legal research. The book’s most innovative aspect is its practical, learner-centred approach, which focuses on the applied learning of the modes of research presented.
To what extent do a state's obligations under the European Convention on Human Rights apply beyond its territorial borders? Are soldiers deployed on overseas operations bound by the human rights commitments of their home state? What about other agents, like the police or diplomatic and consular services? If a state's obligations do apply abroad, are they to be upheld in full or should they be tailored to the situation at hand? Few topics have posed more of a challenge for the European Court of Human Rights than this issue of the Convention's extraterritorial application. This book provides a novel understanding on why this is by looking at the behaviour of those principally tasked with inter...
The Oxford Handbook of Women and International Law interrogates women's interrelationship with international law's institutions, norms, and theoretical approaches. Its 35 chapters feature diverse and interdisciplinary contributions from across the globe from leading scholars, international judges, and legal practitioners.
From the perspective of a number of different social science disciplines, this book explores the ways in which the election of politicians can be made more fair and credible by adopting a human rights approach to elections. It discusses existing international standards for the conduct of elections and presents case studies relating to jurisdictions within Europe, especially those emerging from conflict or from an authoritarian past, which demonstrate how problems occur and can be addressed. Significant advances have been achieved through the Council of Europe’s soft and hard law frameworks but the book demonstrates that much more needs to be done to ensure that these and other standards ar...
The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.
The volume contains the contributions to the Gießen-Warwick-Lodz-Colloquium 2002 honouring the 65th birthday of Professor Dr. Günter Weick. Scholars from the United Kingdom, Germany, Poland and Russia deal with contemporary and historical aspects of international and comparative law, covering the fields of civil law, labour law, criminal procedure and constitutional law.
The Yearbook of the European Convention on Human Rights, edited by the Directorate General of Human Rights and Legal Affairs, is an indispensable record of the development and impact of the world's oldest binding international human rights treaty. It reviews the implementation of the Convention both by the European Court of Human Rights and by the Council of Europe's Committee of Ministers, responsible for supervising the application of the Court's judgments in the member states. The Yearbook includes: Full text of any new protocols to the Convention as they are opened for signature, together with the state of signatures and ratifications. Full listing of Court judgments; judgments broken do...
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