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Diversity and European human rights : rewriting judgments of the ECHR /
A demonstration of how European Court of Human Rights judgments might better accommodate the concerns of minorities.
| Clasificación: | Libro Electrónico |
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| Otros Autores: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Cambridge ; New York :
Cambridge University Press,
2013.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; Contents; Tables; Notes on the contributors; Foreword; Acknowledgments; Guide to understanding the rewritten judgments; Abbreviations; Introduction; Redrafting eighteen judgments/decisions; Improving judicial reasoning; Dealing with diversity; Part I Children; 1 Rewriting V v. United Kingdom: building on a ground-breaking standard; Introduction; V v. United Kingdom: relevant facts; V v. United Kingdom: summary of the judgment; Subsequent developments: viewing the judgment in hindsight; The special circumstances of young offenders; Publicity and the protection of the child's identity.
- A specialist, child-friendly courtGeneral Comment No. 10 of the Committee on the Rights of the Child; Guidelines on Child-Friendly Justice; Further developments in the European Court of Human Rights; Transferring to adult court; Age of criminal responsibility; Conclusion; Rewriting V v. United Kingdom; C. Article 6 1 of the Convention; 2 Images of children in education: a critical reading of DH and others v. Czech Republic; Introduction; A summary of the facts of the cases discussed; The main legal issues raised in the DH case; Segregation of Roma pupils; The right of children to be heard.
- The importance of a right for the applicant and the margin of appreciationThe Court's treatment of the right to education; The image of Roma children and their parents in the Ostrava case; Children as incompetent and passive objects; The problem of the absence of speci.c and individualised information on the applicants; The images of parents; Concluding remarks; Rewriting DH and others v. Czech Republic; C. The Court's assessment; (a) Whether a presumption of indirect discrimination arises in the instant case; (b) Objective and reasonable justification; (c) Conclusion.
- 3 Mainstreaming children's rights in migration litigation: Muskhadzhiyeva and others v. BelgiumImage of the child: vulnerability and agency; A rationale for the irrelevance of the distinction between unaccompanied and accompanied migrant children regarding (positive) State obligations; The relationship between the human rights of children and adults; Towards parameters for the 'minimum level of severity' threshold in Article 3; Strict necessity of detention in order to be free from arbitrariness (Article 5); Positive obligations to promote and facilitate family life.
- The role of other instruments in the interpretation of the ConventionConclusion; Rewriting Muskhadzhiyeva and others v. Belgium; 1. On the alleged violation of Article 3 of the Convention; 2. The Court's assessment; a) Concerning the applicant children; Relevant principles; Application of these principles to the present case; Conclusion; b) Concerning the first applicant; II. On the alleged violation of Article 5 1 of the Convention; a) Concerning the applicant children; b) Concerning the mother; V. On the alleged violation of Article 8 of the Convention; Part II Gender.