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Author: Claire Fenton-Glynn
Publisher: Oxford University Press, USA
ISBN: 0198787510
Category : Law
Languages : en
Pages : 465
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Book Description
This book provides a comprehensive overview of the jurisprudence of the European Court of Human Rights as it relates to children. It includes detailed analysis of the Court's key decisions on children's rights, highlighting its achievements as well as offering informed critique of its ongoing weaknesses.
Author: Claire Fenton-Glynn
Publisher: Oxford University Press, USA
ISBN: 0198787510
Category : Law
Languages : en
Pages : 465
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Book Description
This book provides a comprehensive overview of the jurisprudence of the European Court of Human Rights as it relates to children. It includes detailed analysis of the Court's key decisions on children's rights, highlighting its achievements as well as offering informed critique of its ongoing weaknesses.
Author: Ursula Kilkelly
Publisher: Taylor & Francis
ISBN: 1317038622
Category : Law
Languages : en
Pages : 368
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Book Description
The European Convention on Human Rights is the most successful system for the enforcement of human rights in the world. However, to date its full potential for protecting children’s rights has not been explored as attention has focused on the UN Convention on the Rights of the Child. This unique book provides the first analysis of the extensive case law of the Commission and the Court of Human Rights on all issues concerning children and their rights. This study is important as a study of the regional protection of children’s rights and, moreover, the case law itself can be directly applied in the legal system of nearly every European country, including the UK. The book includes chapters on the rights of the child under the European Convention on Human Rights in relation to education, protection from abuse, the right to identity, child care, juvenile justice, health care and immigration and the family. It also explores the potential of the Strasbourg mechanism for the protection of children’s rights and thus provides a practical and vital guide to the study and use of the European Convention in the broad area of children’s rights.
Author: Geraldine Van Bueren
Publisher: Council of Europe
ISBN: 9789287162694
Category : Social Science
Languages : en
Pages : 214
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Book Description
This volume analyzes the effectiveness of the judicial protection of children's rights within the Council of Europe. The extent to which common standards have been developed by the courts in implementing children's rights is examined both from the perspective of the European Court of Human Rights and the judgments of the highest national courts within the member states of the Council of Europe. Further analysis is made of the Council of Europe's Social Charter and the reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.--Publisher's description
Author: Gabriel Vockel
Publisher: GRIN Verlag
ISBN: 363858450X
Category : Law
Languages : en
Pages : 64
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Book Description
Master's Thesis from the year 2005 in the subject Law - European and International Law, Intellectual Properties, grade: Merit, 68%, University of Warwick (Coventry Business School), course: Module Human Rights in Europe, language: English, abstract: The analysis undertaken in this dissertation gives attention to three core foci of examination. The first two are international legal documents used in the protection of human rights: The United Nations Convention on the Rights of the Child (CRC) from 1989 and the European Convention on Human Rights and Fundamental Freedoms (ECHR) from 1950. The third focal point consists of an investigation into a specific area of jurisprudence of the European Court of Human Rights (the Court) regarding the protection of human rights of children: the phenomenon of the corporal punishment and abuse of children in the UK. This selection of verdicts of the European Court aims at portraying how the ECHR impacts on the child’s human rights in practice and how well the work of the European Court reflects the values enshrined in the CRC and also gain an understanding of how the two conventional systems might impact on the other. The third chapter investigates verdicts of the Court that have dealt with cases that derive from institutional settings (judicial corporal punishment and punishment in public schools). The fourth chapter will observe private settings, where cases of corporally punished children relate to the private sphere (e.g. punishment through parents). Beside, it is intended to give a short outlook on two selected cases where a matter of more general abuse of children was under judicial scrutiny. The dissertation concludes that both the CRC and the ECHR are characterised by a number of more or less serious flaws and drawbacks in relation to the protection of children’s human rights. The narrow textual scope of the ECHR and the significant weaknesses of the CRC regarding its implementation mechanism are two prominent examples. The paper suggests that in Europe, the trend of maximising the potential of the European Convention by combining the widely accepted, detailed standards on children’s rights set out in the UN Convention with the highly successful and influential system of individual petition and implementation should find its continuation and be strengthened even further.
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287165336
Category : Law
Languages : en
Pages : 164
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Book Description
Children's rights have gained greater global visibility through the almost universal ratification of the United Nations Convention on the Rights of the Child. Treaty bodies for other international and regional instruments, which cover the rights of "everyone", including children, are giving increasing attention to children's rights. In the same vein, human rights mechanisms, including regional ones such as the European Court of Human Rights, the European Committee of Social Rights and the Inter-American Commission and Court, have become more sensitive to children's rights. With this increasing visibility comes the recognition that children in every country of the world suffer widespread and often severe breaches of the full range of their rights - civil, political, economic, social and cultural. In many cases, children do not have adequate or realistic remedies for breaches of their rights at national level. Seeking remedy through international and regional human rights mechanisms, though on the increase, is not well-developed. International justice for children discusses the principles of child-friendly justice at international level and examines monitoring mechanisms and current systems of admissibility, determining how easy or difficult it is for children to gain access to them. This publication also identifies the obstacles to be overcome and proposes concrete ways to remove them through specific recommendations to governments, international organizations and monitoring bodies.--Publisher's description.
Author: Mark Ensalaco
Publisher: Rowman & Littlefield
ISBN: 9780742529885
Category : Law
Languages : en
Pages : 290
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Book Description
Childrens human rights are regularly violated around the world. Child soldiers, child slavery, and child prostitution are some of the more graphic examples this books deals with, but hungry, sick, and orphaned children are equally at risk and more prevalent. In the United States, children suffer similar abuses, but some are unique to the United States justice system. Unlike most of the rest of the world, the U.S. is a well-developed western nation in which juvenile offenders can be tried as adults and subjected to capital punishment. This book brings together a wide array of original essays from a variety of academic and practitioner perspectives on human rights and the status of children. The details are disturbing the message, powerful We must vigorously extend the universal declaration of human rights to the most vulnerable humans of all--the children of the world, starting at home in the United States.
Author: Angelika Nussberger
Publisher: Elements of International Law
ISBN: 0198849648
Category : Law
Languages : en
Pages : 257
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Book Description
Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.
Author: Geraldine Van Bueren
Publisher: Martinus Nijhoff Publishers
ISBN: 9004482199
Category : Family & Relationships
Languages : en
Pages : 464
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Book Description
Only available in paperback version ISBN 90 411 1091 7 This volume draws upon the author's own experience to highlight the complexities behind the global violations of children's rights. Analysis and description are interwoven to provide a coherent study of the international status of children and the rights which attach to this status, both for those familiar and unfamiliar with international law. The author demonstrates the potential of international law in protecting the rights of children, even in states which are restructuring their economies. To be effective, international law cannot be used in isolation and the text seeks to place the rights of the child in their cultural and historical contexts. All royalties from The International Law on the Rights of the Child are being donated to the International Save the Children Alliance to assist them in their work with children. 'Ms van Bueren combines skilfully an enormous amount of factual material with careful legal analysis and comment. [...] this book will rapidly become indispensable to children's rights lawyers...' C.M. Chinkin, University of Southampton 'Among numerous publications dealing with the subject of promotion and protection of the rights of the child issued up to date, G. Van Bueren's The International Law on the Rights of the Child is the most serious monograph in the field of international law.'
Author: Lawrence Early
Publisher: Wolf Legal Publishers
ISBN: 9789462403604
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
Languages : en
Pages : 0
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Book Description
Now available in paperback! On February 13, 2015, a Seminar took place in the European Court of Human Rights in Strasbourg titled "The Right to Life: Twenty Years of Legal Developments since McCann v. the United Kingdom." The Seminar celebrated the work and achievements of the Court's Deputy Registrar, Michael O'Boyle, on the occasion of his retirement. This volume contains the submissions made during and after the Seminar. The order of inclusion of the submissions is based on the three working sessions of the Seminar. [Subject: Human Rights Law, European Law]
Author: Sonja C. Grover
Publisher: Springer Science & Business Media
ISBN: 3642107990
Category : Law
Languages : en
Pages : 317
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Book Description
Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition...The Court’s role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this “inevitable element of judicial interpretation” has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.
