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Prohibition of Discrimination Under the European Convention on Human Rights

Author: Frédéric Edel

Publisher: Council of Europe

Published: 2010-01-01

Total Pages: 156

ISBN-13: 9789287168177

The European Convention on Human Rights guarantees equality among human beings by means of two provisions that prohibit discrimination: On the one hand, Article 14 of the Convention, ratified by all member states of the Council of Europe; and, On the other hand, The first article of Protocol No. 12, ratified by only some of the members. The content of the prohibition laid down by these two provisions is the same, The only difference is in the extent of their scope: whereas Article 14 prohibits discrimination in the "enjoyment of rights and freedoms set forth by the present Convention", The first article of Protocol No. 12 prohibits discrimination in a broader sense in the "enjoyment of all rights set forth by law". This study proposes an insight into the case law of the European Court of Human Rights on discrimination with respect both To The main principles which guide its implementation and To The specific solutions which the Court has adopted in relation to discrimination. Other questions examined include the scope of the prohibition of discrimination (to what does it apply?), The question of the content of such a prohibition (what precise obligations does it imply?), and last, The question of a judicial review (how does the Court assess compliance with it?).The "Human rights files" series is aimed at specialists in European law: lawyers, practitioners and research students. it also constitutes a useful resource For The implementation of the European Convention on Human Rights in the signatory states.

The Prohibition of Discrimination Under European Human Rights Law

Author: Olivier De Schutter

Publisher:

Published: 2005

Total Pages: 58

ISBN-13: 9789289491716

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The Prohibition of Discrimination Under European Human Rights Law

Author:

Publisher:

Published: 2011

Total Pages: 77

ISBN-13: 9789279221521

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This report offers an overview of protection from discrimination under the 1950 European Convention on Human Rights and the 1961 European Social Charter as well as the 1996 Revised European Social Charter, which are the main human rights treaties of the Council of Europe. The report seeks to identify aspects of that protection which could influence the outstanding questions of interpretation of Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, as well as the proposed Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation that is currently under discussion.

Contemporary Issues in Human Rights Law

Author: Yumiko Nakanishi

Publisher: Springer

Published: 2017-10-05

Total Pages: 218

ISBN-13: 9811061297

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This book is published open access under a CC BY-NC-ND 4.0 license. This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another. The various chapters cover general fundamental rights and human rights issues in Europe and Asia as well as specific topics regarding the principles of nondiscrimination, women’s rights, the right to freedom of speech in Japan, and China’s Development Banks in Asia. Protection of human rights should be guaranteed in the international community, and research based on a comparative law approach is useful for the protection of human rights at a higher level. As the product of academic cooperation between ten professors of Japanese, Taiwanese, German, Italian, and Belgian nationalities, this work responds to such needs.

The Right to Equality in European Human Rights Law

Author: Charilaos Nikolaidis

Publisher: Routledge

Published: 2014-07-25

Total Pages: 255

ISBN-13: 1317701380

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A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.

The prohibition of discrimination under the European Convention on Human Rights (Human rights files, No. 22).

Author:

Publisher:

Published: 2010

Total Pages: 0

ISBN-13:

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The European Convention on Human Rights guarantees equality among human beings by means of two provisions that prohibit discrimination: on the one hand, Article 14 of the Convention, ratified by all member states of the Council of Europe; and, on the other hand, the first article of Protocol No. 12, ratified by only some of the members.The content of the prohibition laid down by these two provisions is the same, the only difference is in the extent of their scope: whereas Article 14 prohibits discrimination in the "enjoyment of rights and freedoms set forth by the present Convention", the first article of Protocol No. 12 prohibits discrimination in a broader sense in the "enjoyment of all rights set forth by law".This study proposes an insight into the case law of the European Court of Human Rights on discrimination with respect both to the main principles which guide its implementation and to the specific solutions which the Court has adopted in relation to discrimination.Other questions examined include the scope of the prohibition of discrimination (to what does it apply?), the question of the content of such a prohibition (what precise obligations does it imply?), and last, the question of a judicial review (how does the Court assess compliance with it?).The "Human rights files" series is aimed at specialists in European law: lawyers, practitioners and research students. It also constitutes a useful resource for the implementation of the European Convention on Human Rights in the signatory states.

Courts, Politics and Constitutional Law

Author: Martin Belov

Publisher: Routledge

Published: 2019-10-16

Total Pages: 201

ISBN-13: 1000707970

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This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

European Human Rights Law

Author: Mark W. Janis

Publisher:

Published: 2008

Total Pages: 1015

ISBN-13: 019927746X

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The third edition of European Human Rights Law: Text and Materials has been substantially expanded to provide a complete review of the wide range of rights the Convention protects, with new chapters on the right to life, property, discrimination, religious freedom, and education. The book introduces both the process and the substance of this increasingly important area of European law. A broad selection of extracts from essential cases and materials is accompanied by stimulating commentary that guides the reader through the legal rules and court system that have evolved in Strasbourg, how the court works, and how European human rights law is enforced both at the national and international level. European human rights law is also placed into a useful comparative framework alongside human rights cases decided by courts in the United States, Canada, and elsewhere. This third edition has been extensively updated to cover the major developments of recent years, including the reform of the European Court of Human Rights and the expansion of the system to central and eastern Europe.

Human Rights in the Council of Europe and the European Union

Author: Steven Greer

Publisher: Cambridge University Press

Published: 2018-03-29

Total Pages: 562

ISBN-13: 1108647456

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Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.

Discrimination at Work

Author: Marie Mercat-Bruns

Publisher: Univ of California Press

Published: 2016-02-22

Total Pages: 387

ISBN-13: 0520283805

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Consists of interviews with American professors.