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Author: Eva Brems
Publisher: Cambridge University Press
ISBN: 1139851845
Category : Political Science
Languages : en
Pages : 499
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Book Description
Through redrafting the judgments of the ECHR, Diversity and European Human Rights demonstrates how the court could improve the mainstreaming of diversity in its judgments. Eighteen judgments are considered and rewritten to reflect the concerns of women, children, LGB persons, ethnic and religious minorities, and persons with disabilities in turn. Each redrafted judgment is accompanied by a paper outlining the theoretical concepts and frameworks that guided the approaches of the authors and explaining how each amendment to the original text is an improvement. Simultaneously, the authors demonstrate how difficult it can be to translate ideas into judgments, whilst also providing examples of what those ideas would look like in judicial language. By rewriting actual judicial decisions in a wide range of topics this book offers a broad overview of diversity issues in the jurisprudence of the ECHR and aims to bridge the gap between academic analysis and judicial practice.
Author: Eva Brems
Publisher: Cambridge University Press
ISBN: 1139851845
Category : Political Science
Languages : en
Pages : 499
Get Book Here
Book Description
Through redrafting the judgments of the ECHR, Diversity and European Human Rights demonstrates how the court could improve the mainstreaming of diversity in its judgments. Eighteen judgments are considered and rewritten to reflect the concerns of women, children, LGB persons, ethnic and religious minorities, and persons with disabilities in turn. Each redrafted judgment is accompanied by a paper outlining the theoretical concepts and frameworks that guided the approaches of the authors and explaining how each amendment to the original text is an improvement. Simultaneously, the authors demonstrate how difficult it can be to translate ideas into judgments, whilst also providing examples of what those ideas would look like in judicial language. By rewriting actual judicial decisions in a wide range of topics this book offers a broad overview of diversity issues in the jurisprudence of the ECHR and aims to bridge the gap between academic analysis and judicial practice.
Author: Joseph Marko
Publisher: Routledge
ISBN: 1134830432
Category : Political Science
Languages : en
Pages : 622
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Book Description
Human and Minority Rights Protection by Multiple Diversity Governance provides a comprehensive overview and critical analysis of minority protection through national constitutional law and international law in Europe. Using a critical theoretical and methodological approach, this textbook: provides a historical analysis of state formation and nation building in Europe with context of religious wars and political revolutions, including the (re-)conceptualisation of basic concepts and terms such as territoriality, sovereignty, state, nation and citizenship; deconstructs all primordial theories of ethnicity and provides a sociologically informed political theory for how to reconcile the functional prerequisites for political unity, legal equality and social cohesion with the preservation of cultural diversity; examines the liberal and nationalist ideological framing of minority protection in liberal-democratic regimes, including the case law of the European Court of Human Rights and the European Court of Justice; analyses the ongoing trend of re-nationalisation in all parts of Europe and the number of legal instruments and mechanisms from voting rights to proportional representation in state bodies, forms of cultural and territorial autonomy and federalism. This textbook will be essential reading for students, scholars and practitioners interested in European politics, human and minority rights, constitutional and international law, governance and nationalism. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.
Author: Gavan Titley
Publisher: Council of Europe
ISBN: 9789287161710
Category : Political Science
Languages : en
Pages : 204
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Book Description
Diversity has become a key term in contemporary social politics, and is often used as both a description of complex social realities and a normative prescription for how those realities should be valued, influenced by the politics of multiculturalism and by social movements asserting "the right to be different" diversity has emerged as an open, fluid discourse that challenges reductive visions of legitimate identities and human possibilities.It is this apparent acceptance of diversity as a fact and value that this book looks at in several ways, it offers a countervailing assessment of diversity, seeing it less as a unifying social imaginary and more as a cost-free form of politics attuned to the needs of late capitalist, consumer societies.The essays collected here are developed from a research seminar entitled "Diversity, Human Rights and Participation" organised by the Partnership on Youth between the Council of Europe and the European Commission. The studies gathered here are embedded in 10 different national contexts. They track dimensions of 'diversity' in education, social services, jurisprudence, parliamentary proceedings and employment initiatives, and assess their significances for the social actors who must negotiate these frameworks in their daily experience.
Author: Gaetano Pentassuglia
Publisher: BRILL
ISBN: 9004328785
Category : Law
Languages : en
Pages : 389
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Book Description
What is the role of ethno-cultural groups in human rights discourse? Under international human rights law, standards are unclear and ambivalent, while traditional analyses have often failed to elucidate and unpack the conceptual, legal, and policy complexities involved. In Ethno-Cultural Diversity and Human Rights, prominent experts chart new territory by addressing contested dimensions of the field. They include the impact of collective interests on rights discourse and nation-building, international law’s responses to group demands for decision-making authority, and concerns for immigration, intersectionality, and peacebuilding. Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, this volume will be essential reading for scholars and practitioners of human rights, diversity, and conflict management.
Author: Ingrid Jungwirth
Publisher: Verlag Barbara Budrich
ISBN: 3847409484
Category : Social Science
Languages : en
Pages : 329
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Book Description
What concepts of ‘gender’ and ‘diversity’ emerge in the different regions and pertinent research and practical fields? On the back drop of current European developments – from the deregulation of economy, a shrinking welfare state to the dissolution and reinforcement of borders – the book examines the development of Gender and Diversity Studies in different European regions as well as beyond and focuses on central fields of theoretical reflection, empirical research and practical implementation policies and politics.
Author: Dr Jogchum Vrielink
Publisher: Ashgate Publishing, Ltd.
ISBN: 140946170X
Category : Law
Languages : en
Pages : 673
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Book Description
Issues of religious diversity in the workplace have become very topical and have been raised before domestic courts and the European Court of Human Rights. Examining the controversial and constantly evolving position of religion in the workplace, this collection brings together chapters by legal and social science scholars and provides a wealth of information on legal responses across Europe, Turkey and the United States to conflicts between professional and religious obligations involving employees and employers. The contributors examine how case law from the European Court of Human Rights, domestic experiences and comparative analyses can indicate trends and reveal established and innovative approaches. This multi-perspective volume will be relevant for legal practitioners, researchers, academics and policy-makers interested in human rights law, discrimination law, labour law and the intersection of law and religion.
Author: Eva Brems
Publisher: Cambridge University Press
ISBN: 1107026601
Category : Law
Languages : en
Pages : 499
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Book Description
A demonstration of how European Court of Human Rights judgments might better accommodate the concerns of minorities.
Author: Anne Lise Kjær
Publisher: Routledge
ISBN: 1317104927
Category : Law
Languages : en
Pages : 242
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Book Description
What role does linguistic diversity play in European democratic and legal processes? Is it an obstacle to deliberative democracy and a hindrance to legal certainty, or a cultural and economic asset and a prerequisite for the free movement of citizens? This book examines the tensions and contradictions of European language laws and policy from a multi-disciplinary perspective. With contributions from leading researchers in EU law and legal theory, political science, sociology, sociolinguistic and cognitive linguistics, it combines mutually exclusive and competing perspectives of linguistic diversity. The work will be a valuable resource for academics and researchers in the areas of European law, legal theory and linguistics.
Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 124
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Book Description
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, 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, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Author: Council of Europe
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 250
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Book Description
This updated publication contains the Committee of Ministers’ guidelines to member States on the protection and promotion of human rights in culturally diverse societies as well as the Compilation of Council of Europe standards relating to the principles of freedom of thought, conscience and religion and links to other human rights upon which the Guidelines are inspired. These standards are based mainly on the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights, but also on conclusions and recommendations of other monitoring mechanisms and other Council of Europe bodies. The Guidelines are innovative as they do not consider these standards in isolation, rather they rethink and recast them through their interaction with other human rights: freedom of expression, freedom of association and assembly, the right to private life. They are intended as a realistic and usable tool which reflects the often complex interplay of different rights within diverse societies.
