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The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial int...
The Convention on Preventing and Combating Violence against Women and Domestic Violence (CETS No. 210) is the first legally binding instrument to address violence against women and domestic violence in Europe. It contains a wide range of obligations aiming to prevent violence, protect its victims, prosecute the perpetrators, implement coordinated policies and promote international co-operation. It also envisages a monitoring mechanism. The convention recognizes violence against women as a violation of human rights and is a major step forward in achieving gender equality in law and in fact.
Education plays an essential role in the promotion of the core values of the Council of Europe: democracy, human rights And The rule of law, As well as in the prevention of human rights violations. More generally, education is increasingly seen as a defence against the rise of violence, racism, extremism, xenophobia, discrimination and intolerance. This growing awareness is reflected in the adoption of the Council of Europe Charter on Education for Democratic Citizenship and Human Rights Education (EDC/ HRE) by the Organisation's 47 member states in the framework of Recommendation CM/Rec(2010)7. The Charter was developed over a period of several years as a result of wide-ranging consultations and is non-binding. it will be an important reference point for all those dealing with citizenship and human rights education. it will hopefully provide a focus and catalyst for action in the member states, As well as a way of disseminating good practice and raising standards throughout Europe and beyond.
Prepared by government experts from all 46 member states of the Council of Europe, this publication seeks to help promote a better understanding of the relationship between human fights and environmental issues by setting out details of relevant case-law of the European Court of Human Rights and the principles upon which these judgements are based. These include: the right to life (Article 2), the right to respect for family life (Article 8), the right to a fair trial and access to a court (Article 6) and the right to receive and impart information and ideas (Article 10) of the European Convention on Human Rights.
Trafficking in human organs is an emerging criminal activity which presents a clear danger to both individual and public health, while breaching human rights and fundamental freedoms. The Council of Europe Convention against Trafficking in Human Organs seeks to protect individual rights by addressing this illegal act from a criminal law perspective. The Convention aims to tackle this crime both at national and international levels by harmonising national legislation, identifying the various offences that constitute trafficking in human organs and laying down the foundation for more efficient cross-border co-operation. It also covers preventive measures and the legal situation of the victims. Wide accession to the Convention is essential in the fight against a crime that is, more often than not, transnational in scope.
Since its foundation, the Council of Europe has established a common legal system for European states, based on democracy, the rule of law and human rights. Its standard-setting texts have helped its members meet the challenges of changing societies and now apply all over Europe given the organisation¿s unprecedented geographical enlargement since 1989. In this connection, the Council of Europe has played a key role in the accession of the new member states to the European Union. The first section of the book deals with the "constitutional" law of the Council of Europe, or its internal statutes in the broad sense. It covers the 1949 Statute, which, along with related texts, lays down the Council¿s aims and determines its membership and operating methods. The second section concerns the role played by the Council of Europe - which has always been very active in standard-setting - in the harmonisation of European states¿ domestic law. The third section situates Council of Europe law in the European context. For instance, it studies the extent to which Council of Europe conventions have been incorporated in domestic law and how Council of Europe law and European Union law co-exist.
Managing Europe's increasing cultural diversity - rooted in the history of our continent and enhanced by globalisation - in a democratic manner has become a priority in recent years. The White Paper on Intercultural Dialogue - "Living together as equals in dignity", responds to an increasing demand to clarify how intercultural dialogue can enhance diversity while sustaining social cohesion. The White Paper that our common future depends on our ability to safeguard and develop human rights, as enshrined in the European Convention on Human Rights, democracy and the rule of law, and to promote mutual understanding and respect. It concludes that the intercultural approach offers a forward-looking model for the management of cultural diversity.
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.