The European Court of Human Rights and the Rights of Marginalised Individuals and Minorities in National Context PDF Download
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Author: Dia Anagnostou
Publisher: BRILL
ISBN: 9004173269
Category : Political Science
Languages : en
Pages : 269
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Book Description
This volume examines the effects of Strasbourg Court jurisprudence for protecting the rights of marginalised individuals and minorities. It argues that its consequences vary depending upon the diverse social, legal and institutional context that shapes litigation and judicial approaches in each country.
Author: Dia Anagnostou
Publisher: BRILL
ISBN: 9004173269
Category : Political Science
Languages : en
Pages : 269
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Book Description
This volume examines the effects of Strasbourg Court jurisprudence for protecting the rights of marginalised individuals and minorities. It argues that its consequences vary depending upon the diverse social, legal and institutional context that shapes litigation and judicial approaches in each country.
Author: Dia Anagnostou
Publisher:
ISBN:
Category :
Languages : en
Pages : 244
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Book Description
Author: Dia Anagnostou
Publisher: Bloomsbury Publishing
ISBN: 1782251871
Category : Law
Languages : en
Pages : 320
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Book Description
Over the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors?
Author: Dia Anagnostou
Publisher: Edinburgh University Press
ISBN: 0748670580
Category : Law
Languages : en
Pages : 256
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Book Description
Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments. Dia Anagnostou explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. She relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now. By adopting an inter-disciplinary perspective, Anagnostou goes beyond the existing studies--mainly legal and descriptive--and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.
Author: Kirsten Shoraka
Publisher: Routledge
ISBN: 113695399X
Category : Law
Languages : en
Pages : 452
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Book Description
The end of the Cold War has ushered a restructuring of the institutions of the European Community, culminating into its enlargement to Eastern Europe, under the aegis of economic integration, democracy and human rights. This book examines the development and the role of human rights in the European Union, from its inception as an economic co-operation project to an organisation of European States with a political agenda that goes beyond its borders. It argues that human rights have become an important component of the foreign policy of the European Union and that this role has grown from the inception of the Union through the Cold War and thereafter onto the process of enlargement of the Union. The book goes on to analyse the EU’s policy on minorities, as a particular example of human rights. It considers the level of their protection within the EU and the framework of international law, and compares minority rights in the older Member States including France, Germany and the UK, with newer Eastern European states.
Author: Effie Fokas
Publisher: Routledge
ISBN: 0429954409
Category : Social Science
Languages : en
Pages : 229
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Book Description
This book includes a collection of studies focused on engagements of religious minorities with the European Court of Human Rights (ECtHR). Beginning with an introduction of the global importance of the ECtHR as a standard setter in the protection of religious minority rights, the subsequent five chapters entail critical assessments of some of the Court’s case law dealing with religious minority claims (exploring their clarity and consistency – or lack thereof – and controversiality). In the process these texts impart a nuanced perspective on the challenges the Court faces in striking the right balance between protecting individual freedoms and respecting state rights to manage ‘nationally’ and ‘culturally’ sensitive matters. The second set of contributions makes readers privy to the varied results of this balancing act on the ground. Specifically, it offers empirically-based insight into the impact of the Court’s religion-related case law on grassroots religious minority groups working to defend their individual and communal rights. The chapters taken together deepen our understanding of the ECtHR in its approach to and impact on religious minorities and offer a rare vantage point on the Court, from the messages its generates to the messages received by religious minorities at the grassroots level. The chapters in this book were originally published in Religion, State & Society, the Journal of Muslim Minority Affairs and Democratization.
Author: Andreas Føllesdal
Publisher: Cambridge University Press
ISBN: 1107024447
Category : Law
Languages : en
Pages : 485
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Book Description
An assessment of the European Court of Human Rights at the national, European and international levels.
Author: Cezar Bîrzea
Publisher: Council of Europe
ISBN: 9789287129758
Category : Political Science
Languages : en
Pages : 150
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Book Description
"[O]rganised jointly by the Council of Europe and the Estonian authorities"--P. 9.
Author: Tawhida Ahmed
Publisher: Bloomsbury Publishing
ISBN: 1847316174
Category : Law
Languages : en
Pages : 246
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Book Description
This book provides a critical evaluation of the ways in which EU law engages with minority rights protection: at its core is an analysis of EU law and minority rights. Unlike the UN or ECHR, the EU has no competence to set standards on minority protection and this has been a point of disappointment for minority rights advocates. Indeed, this book will demonstrate that, in EU law, binding standards really only exist in the sphere of non-discrimination and are at their strongest in the field of employment. As such, binding standards within EU law affect only a small proportion of the canon of minority rights. However, the EU does have competence to promote diversity and facilitate redistribution of power and resources across the EU. According to a broad understanding of minority rights protection, acts of promotion and facilitation -alongside those of standard-setting - constitute essential underpinnings for minority protection. The EU's existing competences do therefore play a key role in minority protection. In order to support these conclusions, the book undertakes a comprehensive examination of the impact of EU law on minority rights protection. The book examines a broad range of the EU's legal provisions and principles which may affect minority protection, before undertaking in-depth analyses of the examples of minority cultural rights and minority linguistic rights. In addition, the final substantive chapter of the book contextualises the impact of EU law within the perspective of the overall needs of a specific group - the Roma minority. The concluding chapter draws together the EU's contribution to minority rights. In short, the EU can be seen as a promoter, but not a protector, of minority rights. Although not ideal, especially from the perspective of minorities, it is worth at least exploring such a view. Such an exploration would enable the EU most easily to build upon its existing competences and regulatory capacities. This book will be of interest to lawyers and activists concerned with minority rights and Roma rights protection within the EU. It will also be of relevance to those interested in understanding the dynamics between the EU and the international law community in overlapping areas of rights protection, and exploring how this informs our perception of the capacity of the EU to be a central actor in the field of rights protection.
Author: Ezgi Yildiz
Publisher: Cambridge University Press
ISBN: 1009100041
Category : Law
Languages : en
Pages : 275
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Book Description
Explains why international courts underutilize their power and traces how this impacts international norms through legal and social science-based analyses.
