Results for ' European Court of Human Rights'

993 found
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  1.  37
    The European Court of Human Rights' Lautsi Decision: Context, Contents, Consequences.Gabriel Andreescu & Liviu Andreescu - 2010 - Journal for the Study of Religions and Ideologies 9 (26):47-74.
    The paper discusses the context, substance and likely implications of the European Court of Human Rights’ very recent but, in our view, historic decision in the case of Lautsi v. Italy. The article offers an outline of the case and of the decision’s motivation, a presentation of the responses, and a brief discussion of its relevance to the similar Romanian case. We examine in some detail the objections leveled against the ruling, track the progress of the (...)
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  2. The European Court of Human Rights : Would Marx have Endorsed It?Author Name] - 2017 - In Alejandro Abraham-Hamanoiel (ed.), Liberalism in neoliberal times: dimensions, contradictions, limits. London: Goldsmiths Press.
  3.  27
    The European Court of Human Rights, Secular Education and Public Schooling.James Arthur & Michael Holdsworth - 2012 - British Journal of Educational Studies 60 (2):129-149.
    Since 9/11 the European Court of Human Rights (the European Court) has raised anew the question of the relationship between religion and public education. In its reasoning, the European Court has had to consider competing normative accounts of the secular, either to accept or deny claims to religious liberty within Europe's public education system. This article argues that the trajectory on which the term 'secularism' had been used by the European (...) pointed increasingly towards secular fundamentalism. This study is located at the cutting edge of religion, education and the law and builds on previous work in the field (Arthur, 1998, 2008). It examines, through extensive research of legal cases, the most important developments of the usage of secular and secular education in modern discourse and explores the background to these concepts. Unless otherwise stated, religion in this article shall refer to the Christian tradition because Christianity has been the historical context for the development of the concept of 'secular' in Europe. The paper outlines three models of secular education before moving on to scrutinise how the European Court has understood and evaluated various legal cases before it on the interaction between secular States, public education and notions of religious symbolism and influence. The paper will discuss the significance of the European Court's reasoning and decisions for public education within a secular State context and offer some conclusions on the implications of these decisions. It examines the legal principles that underpin the European Court's supervision of the State's role in the provision of education. It focuses on the chimeric goal of neutrality and highlights the risks attached to the use of an ideological conception of secularism that could lead potentially to the complete removal of the religious as a vital cultural and intellectual dimension of public education. (shrink)
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  4. The European Court of Human Rights and the emergence of human germline genome editing-'The right to life' and 'the right to (artificial) procreation'.Merel M. Spaander - 2023 - In Santa Slokenberga, Timo Minssen & Ana Nordberg (eds.), Governing, protecting, and regulating the future of genome editing: the significance of ELSPI perspectives. Boston: Brill/Nijhoff.
     
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  5.  34
    Substantive equality in the european court of human rights?Rory O'Connell - unknown
    The European Court of Human Rights ("ECtHR") has a distinguished track record. Established under the European Convention on Human Rights 1950 ("ECHR"), it was the world's first international human rights court. It decides thousands of cases every year, and its opinions are cited world-wide. For most of its history, the Court's jurisprudence on equality was uninspiring, as it was based on a formal conception of equality. In recent years, however, (...)
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  6.  14
    Jurisdiction of the European Court of Human Rights in the Baltic States’ Cases.Elżbieta Kużelewska - 2019 - Studies in Logic, Grammar and Rhetoric 59 (1):97-109.
    The Baltic States – Estonia, Lithuania and Latvia – are democratic states of law that respect human rights. As members of the Council of Europe, they implemented into domestic law the Convention on the Protection of Human Rights and Fundamental Freedoms (known as the European Convention on Human Rights) – an international document for the universal protection of human rights adopted by the Council of Europe. The aim of the paper is (...)
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  7.  30
    Heteronormativity and the European Court of Human Rights.Paul Johnson - 2012 - Law and Critique 23 (1):43-66.
    This article examines a recent judgment by the European Court of Human Rights that upheld the complaint of a homosexual woman who alleged that her application for authorization to adopt a child had been refused by domestic French authorities on the grounds of her sexual orientation. I argue that the judgment constitutes an innovative and atypical legal consideration of, and challenge to, the heteronormative social relations of contemporary European societies. After exploring the evidence presented by (...)
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  8. Using machine learning to predict decisions of the European Court of Human Rights.Masha Medvedeva, Michel Vols & Martijn Wieling - 2020 - Artificial Intelligence and Law 28 (2):237-266.
    When courts started publishing judgements, big data analysis within the legal domain became possible. By taking data from the European Court of Human Rights as an example, we investigate how natural language processing tools can be used to analyse texts of the court proceedings in order to automatically predict judicial decisions. With an average accuracy of 75% in predicting the violation of 9 articles of the European Convention on Human Rights our approach (...)
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  9.  15
    Using machine learning to predict decisions of the European Court of Human Rights.Masha Medvedeva, Michel Vols & Martijn Wieling - 2020 - Artificial Intelligence and Law 28 (2):237-266.
    When courts started publishing judgements, big data analysis within the legal domain became possible. By taking data from the European Court of Human Rights as an example, we investigate how natural language processing tools can be used to analyse texts of the court proceedings in order to automatically predict judicial decisions. With an average accuracy of 75% in predicting the violation of 9 articles of the European Convention on Human Rights our approach (...)
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  10.  12
    The European Court of Human Rights in the Post-Cold War Era: Universality in Transition by James A. Sweeney: London and New York: Routledge, 2013. [REVIEW]David A. Messenger - 2014 - Human Rights Review 15 (2):233-235.
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  11.  7
    When the European Court of Human Right Speaks What Should It Say?Alain Zysset - 2016 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 6 (1).
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  12.  15
    Labour Law Within the Recent Jurisprudence of the European Court of Human Rights.Martin Reufels & Karl Molle - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (4):1567-1583.
    The article deals with the impact of the recent jurisprudence of the European Court of Human Rights (ECHR) on the German labour law practice. After a brief introduction of the general importance of the jurisprudence of the ECHR for the German labour law (I.), the authors illustrate the German and the ECHR’s jurisprudence on the duty of loyalty towards the ecclesiastic employer (II.) and whistle blowing (III.). Analysing this jurisprudence, the authors come to the conclusion that (...)
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  13. Damned if they do, Damned if they don’t: the European Court of Human Rights and the Protection of Religion from Attack.Ian Leigh - 2011 - Res Publica 17 (1):55-73.
    The approach of the European Court of Human Rights to cases of religiously offensive expression is inconsistent and unsatisfactory. A critical analysis of the Court’s jurisprudence on blasphemy, religious insult and religious hatred identifies three problems with its approach in this field. These are: the embellishment and over-emphasis of freedom of religion, the use of the margin of appreciation and the devaluing of some forms of offensive speech. Nevertheless, it is possible to defend a more (...)
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  14.  35
    Legal Aspects of Regulation of Abortion in the Context of Jurisprudence of the European Court of Human Rights.Edita Gruodytė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (2):739-752.
    Regulatory approach to the right to abortion in Europe is diverse and basically related to the issue of when the right to life begins and how this question is reflected in national legislation. Such an approach and diversity is tolerated by the European Court of Human Rights, but only if some specific standards and criteria formulated in the jurisprudence of the European Court of Human Rights are reflected in national legislation. Research of (...)
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  15. Towards Intersectionality in the European Court of Human Rights: The Case of B.S. v Spain. [REVIEW]Keina Yoshida - 2013 - Feminist Legal Studies 21 (2):195-204.
    The term ‘intersectionality’ recognises the need for a ‘holistic approach’ in the determination of the right to be free from discrimination and violence. While the European Court of Human Rights has never expressly used the term, this article argues that the recent case of B.S. v Spain provides an example of a more robust use of Article 14 of the convention taking into account the real life experiences of those facing intersectional discrimination. The decision recognising the (...)
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  16.  39
    Some Aspects Related to the Interpretation of the Right to Free Elections in the Case-Law of the European Court of Human Rights.Indrė Pukanasytė - 2009 - Jurisprudencija: Mokslo darbu žurnalas 115 (1):155-182.
    The paper focuses on the general principles established in the caselaw of the European Court of Human Rights while applying and interpreting the Article 3 of the First Protocol of the Convention for the Protection of Human Rights and Fundamental Freedoms which provides: „The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice (...)
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  17.  24
    Russia and the European Court of Human Rights: The Strasbourg Effect by Lauri Mälksoo and Wolfgang Benedek, eds.: Cambridge: Cambridge University Press, 2017.Elena A. Khabarova & Galina A. Nelaeva - 2019 - Human Rights Review 20 (1):131-133.
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  18.  23
    The Philosophy of the European Court of Human Rights: Axiological Paradigm.Mariia Blikhar - 2020 - Beytulhikme An International Journal of Philosophy 10 (10:2):355-371.
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  19.  20
    “Unity in Diversity” Reloaded: The European Court of Human Rights’ Turn to Subsidiarity and its Consequences.Mikael Rask Madsen - 2021 - The Law and Ethics of Human Rights 15 (1):93-123.
    The European Convention of Human Rights system was originally created to sound the alarm if democracy was threatened in the member states. Yet, it eventually developed into a very different system with a focus on providing individual justice in an ever growing number of member states. This transformation has raised fundamental questions as to the level of difference and diversity allowed within the common European human rights space. Was the system to rest on minimum (...)
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  20.  17
    Cudak v. Lithuania and the European Court of Human Rights Approach to the State Immunity Doctrine.Lijana Štarienė - 2010 - Jurisprudencija: Mokslo darbu žurnalas 120 (2):159-175.
    The application of the state immunity doctrine with regard to the guarantee of access to court in the case-law of the European Court of Human Rights has been proved to be a complicated issue. In the ECHR’s case-law before the case Cudak v. Lithuania, the application of the state immunity doctrine had been considered as a proportionate restriction of the right of access to court even in cases of the realization of the protection of (...)
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  21.  12
    Beyond Acts and Omissions — Distinguishing Positive and Negative Duties at the European Court of Human Rights.Johan Vorland Wibye - 2022 - Human Rights Review 23 (4):479-502.
    The article examines methods of distinguishing positive and negative duties within the provisions of the European Convention of Human Rights as applied by the European Court of Human Rights. It highlights problems with tying positive duties to acts and negative duties to omissions, and sets out a supplemental delineation method when those problems lead to systematic classification errors: duties sort as positive if they have the capacity for multiple fulfilment options and negative if (...)
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  22.  26
    Russia’s Relations with the European Court of Human Rights in the Aftermath of the Markin Decision: Debating the “Backlash”.Galina A. Nelaeva, Elena A. Khabarova & Natalia V. Sidorova - 2020 - Human Rights Review 21 (1):93-112.
    Russia’s relations with the European Court of Human Rights since the time of Russia’s accession to the Council of Europe have received a lot of attention on the part of academic scholars, practitioners, and media. Research on the ECtHR became especially important in the context of the twentieth anniversary of Russia’s acceptance of ECtHR jurisdiction that coincided with the unprecedented worsening of relations between Russia and the European countries due to the 2014 Crimea annexation. With (...)
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  23. Beyond Couples: Burden v United Kingdom 47 EHRR 38; [2008] 2 FLR 787; Grand Chamber of the European Court of Human Rights, 29 April 2008.Rosemary Auchmuty - 2009 - Feminist Legal Studies 17 (2):205-218.
    Two elderly sisters who lived together complained of discrimination on the ground that, when one of them died, the other would face a heavy inheritance tax bill, unlike the survivor of a marriage or civil partnership who enjoys a “spousal exemption” under the Inheritance Tax Act 1984. They lost in both the lower chamber of the European Court of Human Rights and on appeal to the Grand Chamber. At first instance, discrimination was found but held to (...)
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  24.  96
    Implementing International Human Rights Law at Home: Domestic Politics and the European Court of Human Rights.Courtney Hillebrecht - 2012 - Human Rights Review 13 (3):279-301.
    The European Court of Human Rights (ECtHR) boasts one of the strongest oversight systems in international human rights law, but implementing the ECtHR’s rulings is an inherently domestic and political process. This article begins to bridge the gap between the Court in Strasbourg and the domestic process of implementing the Court’s rulings by looking at the domestic institutions and politics that surround the execution of the ECtHR’s judgments. Using case studies from the (...)
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  25.  13
    Comments on the Lambert case: the rulings of the French Conseil d’État and the European Court of Human Rights.Denard Veshi - 2017 - Medicine, Health Care and Philosophy 20 (2):187-193.
    This study examines the decisions of the French Conseil d’Etat and the European Court of Human Rights in the Lambert case concerning the withdrawal of life-sustaining treatments. After presenting the facts of this case, the main legal question will be analyzed from an ethical and medical standpoint. The decisions of the Conseil d’État and then of the European Court of Human Rights are studied from a comparative legal perspective. This commentary focuses on (...)
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  26. Review of Judgments of the European Court of Human Rights in Cases Against the Republic of Lithuania in 2011. [REVIEW]Justinas Žilinskas & Dovilė Gailiūtė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (1):369-390.
    In 2011 the European Court of Human Rights delivered 10 judgments in cases against the Republic of Lithuania. In 9 judgments the Court found at least one violation of rights and freedoms guaranteed by the European Convention on Human Rights. Article 6 which provides the right to a fair trial, remains dominant in the applications against Lithuania, since in 7 out of 10 delivered judgments the Court declared violations of Article (...)
     
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  27.  6
    Freedom of Commercial Expression and Public Health Protection at the European Court of Human Rights.Kanstantsin Dzehtsiarou & Amandine Garde - 2022 - Journal of Law, Medicine and Ethics 50 (2):250-258.
    This contribution considers the case law of European Court of Human Rights (ECtHR) and focuses on the extent to which the Contracting Parties to the European Convention on Human Rights (ECHR) can regulate the tobacco, alcohol, and food industries in a manner compatible with their ECHR obligations. After briefly presenting the two key cases dealing specifically with tobacco advertising, this contribution considers the main factors that the ECtHR takes into account when balancing competing (...)
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  28. A quiet revolution : vulnerability in the European Court of Human Rights.Alexandra Timmer - 2013 - In Martha Fineman & Anna Grear (eds.), Vulnerability: reflections on a new ethical foundation for law and politics. Burlington, VT: Ashgate.
     
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  29.  2
    Making Sense of Semenya before the European Court of Human Rights.Matteo Winkler & Giovanna Gilleri - 2024 - Journal of Law, Medicine and Ethics 52 (1):205-206.
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  30.  21
    Explainable AI tools for legal reasoning about cases: A study on the European Court of Human Rights.Joe Collenette, Katie Atkinson & Trevor Bench-Capon - 2023 - Artificial Intelligence 317 (C):103861.
  31.  46
    Consensus, Difference and Sexuality: Que(e)rying the European Court of Human Rights’ Concept of‘ European Consensus’.Claerwen O’Hara - 2020 - Law and Critique 32 (1):91-114.
    This paper provides a queer critique of the European Court of Human Rights’ use of ‘European consensus’ as a method of interpretation in cases concerning sexuality rights. It argues that by routinely invoking the notion of ‘consensus’ in such cases, the Court (re)produces discourses and induces performances of sexuality and Europeanness that emphasise sameness and agreement, while simultaneously suppressing expressions of difference and dissent. As a result, this paper contends that the Court’s (...)
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  32.  8
    Speech that Isn’t Mine: Obligations Under the European Court of Human Rights.Natalie Alkiviadou - 2023 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 37 (1):77-90.
    In 2023, the Grand Chamber of the European Court of Human Rights issued its ruling in the case of Sanchez v France. The case revolved around the conviction of the applicant, a politician, for inciting hatred or violence against people due to their religious affiliation. What makes this case unique among hate speech cases before the Strasbourg Court was that the applicant’s conviction did not stem from his own words but rather from his alleged failure (...)
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  33.  19
    Seeking Life, Finding Justice: Russian NGO litigation and Chechen Disappearances before the European Court of Human Rights.Freek van der Vet - 2012 - Human Rights Review 13 (3):303-325.
    This article presents findings from an interview study of human rights practitioners who assist relatives of the disappeared from Chechnya with their complaints before the European Court of Human Rights (ECtHR). These practitioners work for nongovernmental organizations (NGOs). The study contributes to the scant literature on NGO litigation before the ECtHR and to the social scientific literature on how human rights are actively practiced. It investigates the NGOs’ intermediary position between the ECtHR (...)
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  34. Constitutional patriotism and the right to privacy : a comparison of the European Court of Justice and the European Court of Human Rights.Francesca Bignami - 2009 - In Thérèse Murphy (ed.), New technologies and human rights. New York: Oxford University Press.
  35.  44
    The legitimacy of international human rights review: The case of the european court of human rights.Andreas Follesdal - 2009 - Journal of Social Philosophy 40 (4):595-607.
  36.  1
    Proving Domestic Violence as Gender Structural Discrimination before the European Court of Human Rights.Katarzyna Sękowska-Kozłowska - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-13.
    Since Opuz v. Turkey (2009), the European Court of Human Rights (ECHR) delivered over a dozen judgments in which it examined domestic violence through the prism of gender-based discrimination. Apart from the individual circumstances of the cases, the Court considered the general approach to domestic violence in the defendant states, searching for a large-scale structural gender bias. Hence, although the Court has not directly referred to the notion of “structural discrimination” in relation to domestic (...)
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  37.  18
    Bioethical and Legal Aspects of Mandatory Vaccination in the Practice of the European Court of Human Rights.Aleksandar Todorović & Tanja Todorović - 2022 - Filozofska Istrazivanja 42 (1):35-52.
    In this paper, the authors first emphasise the connection that exists between bioethics and law. However, special attention is given to the link between bioethics and human rights, which share the idea of protecting similar values, especially the protection of life and human dignity. Identifying the interdependence and interrelation of these concepts is a prerequisite for further exploration of how and in what context the European Court of Human Rights decides on bioethical issues (...)
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  38.  41
    Coming to Terms with the Supranational: Translating for the European Court of Human Rights[REVIEW]James Brannan - 2013 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (4):909-925.
    Translators at the European Court of Human Rights, as at other international courts, have to deal with two different types of legal terminology in judgments and decisions: on the one hand, terms that would be used by a national practitioner in the relevant language, and on the other, the supranational language that has evolved in general international law or that is specific to the Court itself, being enshrined in its basic texts or case-law. The choice (...)
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  39. The inter-state cases by Cyprus against Turkey before the European Commission and the European Court of Human Rights.Andreas N. Loizou - 2003 - Rechtstheorie 34 (1):97-109.
     
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  40.  11
    The Construction of Fatherhood: The Jurisprudence of the European Court of Human Rights by Alice Margaria, 1st ed.Tapio Koivula - 2023 - Human Rights Review 24 (3):457-459.
  41.  21
    Review of Decisions of the European Court of Human Rights in Cases against the Republic of Lithuania in 2010. [REVIEW]Saulius Katuoka & Andrius Bambalas - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (4):1641-1657.
    This article presents the review of the cases decided by the European Court of Human Rights against Lithuania during 2010. Authors provide the summary of relevant cases so that the potential reader is updated with the latest developments of human rights protection concerning Lithuania. Among other cases, this article reviews the case Cudak v. Lithuania decided by the Grand Chamber, which clarified the issues of restrictive principle of State immunity in employment disputes.
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  42.  48
    The Margin of Appreciation Doctrine and the Case-Law of the European Court of Human Rights on the Islamic Veil.Raffaella Nigro - 2010 - Human Rights Review 11 (4):531-564.
  43.  28
    Delivering Democracy to Abortion Politics: Bowman v. United Kingdom (European Court of Human Rights, Case No. 141/1996/762/959, 19 February 1998, (1998) 26 E.H.R.R. 1). [REVIEW]Susan Millns & Sally Sheldon - 1999 - Feminist Legal Studies 7 (1):63-73.
  44.  14
    The hidden meanings in the case law of the European Court for Human Rights.Laura Ervo - 2016 - Semiotica 2016 (209):209-230.
    Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 209 Seiten: 209-230.
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  45.  18
    Delivering Democracy to Abortion Politics: Bowman v. United Kingdom (European Court of Human Rights, Case No. 141/1996/762/959, 19 February 1998, (1998) 26 E.H.R.R. 1). [REVIEW]Sally Sheldon & Susan Millns - 1999 - Feminist Legal Studies 7 (1):63-73.
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  46.  39
    Protection of Human Rights under the European Convention on Human Rights and the European Union Law (text only in Lithuanian).Danutė Jočienė - 2010 - Jurisprudencija: Mokslo darbu žurnalas 121 (3):97-113.
    The system of the European Convention on Human Rights created in 1950 is still regarded as the most important and effective regional system for the protection of human rights in the whole world. However, the experience of the European Court of Human Rights (ECHR) has clearly showed that the steady growth in the number of cases brought before the ECHR makes it increasingly difficult to keep the length of proceedings within the (...)
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  47.  33
    Intersection of the Jurisprudences. The European Convention on Human Rights and the Constitutional Doctrine Formulated by the Constitutional Court of the Republic of Lithuania.Toma Birmontiene - 2010 - Jurisprudencija: Mokslo darbu žurnalas 119 (1):7-27.
    The article discusses the certain features of the constitutional doctrine of human rights developed by the Constitutional Court of Lithuania which were influenced by the jurisprudence of the European Court of Human Rights, the role of the European Convention on Human Rights as a legal source in the system of sources of constitutional law. The intersection of the jurisprudences, which came into being due to different assessments of the legal regulation (...)
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  48.  45
    Crossing and Not Crossing: Gender, Sexualityand Melancholy in the European Court of Human RightsChristine Goodwin v. United Kingdom(Application no. 28957/95) [2002] I.R.L.R. 664,[2002] 2 F.L.R. 487, [2002] 2 F.C.R. 577,(2002) 35 E.H.R.R. 18, 13 B.H.R.C. 120, (2002)67 B.M.L.R. 199, I v. United Kingdom(Application no. 25680/94) [2002] 2 F.L.R. 518, [2002] 2 F.C.R. 613 (ECHR). [REVIEW]Ralph Sandland - 2003 - Feminist Legal Studies 11 (2):191-209.
    In the cases of Goodwin v. U.K.and I. v. U.K. the European Court of Human Rights held the U.K. Government to be in breach of Articles 8 and 12 of the European Convention for denying certain rights and entitlements, particularly the right to marry, to post-operative transsexuals. This article argues that although on some level these are welcome decisions, they are also conservative and recuperative in that they seek to shore up traditional binarist ideas (...)
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  49.  31
    Should there be a right to die with dignity in certain medical cases in the United Kingdom? Some reflections on the decision of the United Kingdom Supreme Court regarding the protection afforded by Article 8 of the European Convention for the Protection of Human Rights.Lisa Claydon - 2015 - Jahrbuch für Wissenschaft Und Ethik 19 (1):91-106.
    Name der Zeitschrift: Jahrbuch für Wissenschaft und Ethik Jahrgang: 19 Heft: 1 Seiten: 91-106.
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  50.  9
    The European Union and Human Rights.Sionaidh Douglas-Scott - 2015 - In Dennis Patterson (ed.), A Companion to European Union Law and International Law. Wiley-Blackwell. pp. 458–478.
    Human rights have occupied a variety of roles in the course of history of the European Union. They played a negligible role at the outset, overlooked by the original Treaty of Rome and, even today, the Union's formidable associations with free trade, the single market, and regulation might suggest that it cannot be primarily defined as a human rights organization. The Charter of Fundamental Rights of the European Union has at last acquired binding (...)
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