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The European System for the Protection of Human Rights : International Studies in Human Rights - Ronald MacDonald

The European System for the Protection of Human Rights

International Studies in Human Rights

By: Ronald MacDonald (Editor)

Hardcover Published: 1st July 2008
ISBN: 9780792324317
Number Of Pages: 940

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Forty years ago the European Convention for the Protection of Human Rights and Fundamental Freedoms came into force. It was born of the shared conviction that breaches of the most elementary human rights, such as had been experienced in the 1930s and '40s, should never be allowed to occur again.The Convention and the control bodies responsible for ensuring the observance of the engagements undertaken by the contracting States have had a profound influence on democratic European society in the latter half of this century, and have had repercussions outside Europe too; indeed the European system of human rights protection has served as a model or basic reference text for other regional systems. The European System for the Protection of Human Rights is a unique collection of essays by some of the most outstanding scholars and practitioners in the field of European Human Rights. Its aim is not only to sum up forty years of European experience in the collective endeavour to protect human rights, but above all to stimulate critical thinking about that experience and to review whether the Convention sytem as it stands is still fitted to meet the needs of European society in the coming millenium.

Preface
Human Rights in Europe: Challenges for the Next Millenium
Keeping On Course
The Conscience We Need
Introduction to the European Convention on Human Rightsp. 3
The Place of the European Convention in International Lawp. 15
The Convention and Domestic Lawp. 25
The Convention and the Principle of Subsidiarityp. 41
Methods of Interpretation of the Conventionp. 63
The Margin of Appreciationp. 83
The Principle of Proportionality in the Case-Law of the European Court of Human Rightsp. 125
Interpreting the European Convention on Human Rights Beyond the Confines of the Vienna Convention on the Law of Treaties?p. 147
The 'Drittwirkung' of the Conventionp. 163
The Right to Lifep. 207
Prohibition of Torture and Inhuman or Degrading Treatment or Punishmentp. 225
Protection Against Torture in Europe and the Worldp. 263
Liberty and Security of Personp. 277
Access to Courtp. 345
Rights Related to Good Administration of Justice (Article 6)p. 381
Respect for Private and Family Lifep. 405
Freedom of Thought, Conscience and Religionp. 445
Freedom of Expressionp. 465
Freedom of Associationp. 493
The Protection of Propertyp. 515
Right to Education and Parental Rightsp. 531
Electoral Rightsp. 553
Discriminationp. 571
Rights Not Covered by the Conventionp. 593
The European Commission of Human Rightsp. 605
The European Court of Human Rightsp. 621
The Committee of Ministersp. 645
The Right of Applicationp. 657
Fact-Findingp. 677
Conciliationp. 703
The Judgments of the Court: Background and Contentp. 713
Decision on the Merits: By the Committee of Ministersp. 733
Costs and Expensesp. 755
Right to Compensation under Article 50p. 775
The Execution of Judgments and Decisionsp. 791
The Effects of Judgments and Decisions in Domestic Lawp. 801
Economic, Social and Cultural Rightsp. 855
The Convention and the Protection of Minorities Under International Lawp. 875
The Convention and the European Communitiesp. 889
Reform of the Control Machineryp. 909
Contributorsp. 927
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780792324317
ISBN-10: 0792324315
Series: International Studies in Human Rights
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 940
Published: 1st July 2008
Country of Publication: NL
Dimensions (cm): 23.39 x 15.6  x 5.08
Weight (kg): 1.52