Diversity and European Human Rights
Rewriting Judgments of the ECHR
1st Edition
Published on 1. November 2012
978-1-139-84829-9 (ISBN)
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.
More details
Language
English
Place of publication
Cambridge
United Kingdom
Publishing group
Cambridge University Press
Target group
Professional and scholarly
File size
3,60 MB
ISBN-13
978-1-139-84829-9 (9781139848299)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Book
11/2012
1st Edition
Cambridge University Press
€174.00
Shipment within 15-20 days
Person
Eva Brems is a Professor of Human Rights Law at Ghent University, where she founded the Human Rights Centre. Her research interests include most areas of human rights law (Belgian law, European law, international law, comparative law), with special emphases on women's rights, children's rights and cultural diversity.
Content
Introduction Eva Brems; Part I. Children: 1. Rewriting V v. the United Kingdom: building on a groundbreaking standard Ursula Kilkelly; 2. Images of children in education: a critical reading of D. H. and Others v. The Czech Republic Sia Spiliopoulou Akermark; 3. Mainstreaming children's rights in migration litigation: Muskhadzhiyeva and Others v. Belgium Wouter Vandenhole and Julie Ryngaert; Part II. Gender: 4. Redrafting abortion rights under the Convention: A, B and C v. Ireland Patricia Londono; 5. A noble cause: a case study of discrimination, symbols and reciprocity Yofi Tirosh; 6. From inclusion to transformation: rewriting Konstantin Markin v. Russia Alexandra Timmer; Part III. Religious Minorities: 7. Rethinking Deschomets v. France: reinforcing the protection of religious liberty through personal autonomy in custody disputes Renata Uitz; 8. Mainstreaming religious diversity in a secular and egalitarian state: the road(s) not taken in Leyla Sahin v. Turkey Pierre Bosset; 9. Suku Phull v. France rewritten from a procedural justice perspective: taking religious minorities seriously Saila Ouald Chaib; Part IV. Sexual Minorities: 10. Rewriting Schalk and Kopf: shifting the locus of deference Holning S. Lau; 11. The burden of conjugality Aeyal Gross; 12. The public faces of privacy: rewriting Lustig-Prean and Beckett v. the United Kingdom Michael Kavey; Part V. Disability: 13. Unravelling the knot: Article 8, private life, positive duties and disability: rewriting Sentges v. The Netherlands Lisa Waddington; 14. Re-thinking Herczegfalvy: the Convention and the control of psychiatric treatment Peter Bartlett; 15. Rewriting Kolanis v. the United Kingdom: the right to community integration Maris Burbergs; Part VI. Cultural Minorities: 16. Minority marriage and discrimination: redrafting Munoz Diaz v. Spain Eduardo J. Ruiz Vieytez; 17. Chapman redux: the European Court of Human Rights and Roma traditional lifestyle Julie Ringelheim; 18. Erasing Q, W and X, erasing cultural difference Lourdes Peroni.
