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The European Court of Human Rights
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.
Reclaiming Human Rights in a Changing World Order
Human rights — and the international institutions that strive to protect them — are under increasing attack from powerful actors on the global stage, from recent political trends even within established democracies and from new technologies. Together, these threats have undermined what had been a fragile international consensus as recently as two decades ago about the importance of concerted international action to protect human rights and punish those who abuse them. China, Russia, and other nondemocratic regimes have become increasingly bold in acting as if agreed-upon international human rights standards no longer exist, or at least do not apply to them. More broadly, domestic politic...
Effective Domestic Remedies and the European Court of Human Rights
In Malone v. UK (Plenary 1984), the right to an effective domestic remedy in the European Convention on Human Rights Article 13 was famously described as one of the most obscure clauses in the Convention. Since then, the European Court of Human Rights has reinforced the scope and application of the right. Through an analysis of virtually all of the Court's judgments concerning Article 13, the book exhaustively accounts for the development and current scope and content of the right. The book also provides normative recommendations on how the Court could further develop the right, most notably how it could be a tool to regulate the relationship between domestic and international protection of human rights. In doing so, the book situates itself within larger debates on the enforcement of the entire Convention such as the principle of subsidiarity and the procedural turn in the Court's case law.
Religion, Gender, and the Public Sphere
The re-emergence of religion as a significant cultural, social and political, force is not gender neutral. Tensions between claims for women’s equality and the rights of sexual minorities on one side and the claims of religions on the other side are well-documented across all major religions and regions. It is also well recognized in feminist scholarship that gender identities and ethno-religious identities work together in complex ways that are often exploited by dominant groups. Hence, a more comprehensive understanding of the changing role and influence of religion in the public sphere more widely requires complex, multidisciplinary and comparative gender analyses. Most recent discussio...
Academics in Exile
Restrictions on academic freedom, persecution and armed conflict have forced many scholars into exile. So far, the professional trajectories of these scholars and their contributions to knowledge exchange have not been studied comprehensively. The contributors to this volume address the situations and networks of scholars in exile, the challenges they face in their host countries and the opportunities they use. These issues are highly relevant to discussions about the moral economies of higher education institutions and support programs. Although the contributions largely focus on Germany as a host country, they also offer telling examples of forced mobility in the Global South, including both contemporary and historical perspectives.
The Individual in International Law
The Individual in International Law collects the work of esteemed scholars to examine the effects of humanisation on international law, and how individual status, rights, and obligations have changed the international legal system throughout history and into the present day.
Freedom of Religion or Belief in the European Convention on Human Rights
The right to freedom of thought, conscience and religion in Article 9 of the European Convention on Human Rights (ECHR) has become increasingly significant and contested. Through an examination of ECHR Article 9, its drafting history, and the related jurisprudence of the European Court of Human Rights (ECtHR), Caroline K. Roberts challenges the classic approach to this right in the literature. Roberts argues that claims that there is, or should be, a clear binary and hierarchical distinction between the absolutely protected internal realm and the qualified external realm in this right are not founded textually or jurisprudentially. Rather, the primary materials suggest that the internal and external aspects are deeply interrelated, and this is reflected in the ECtHR's nuanced and holistic approach to ECHR Article 9 protection. This comprehensive, rigorous and up-to-date reappraisal of ECHR Article 9 and the related ECtHR jurisprudence will be essential reading for academics and practitioners.
Judicial Convergence and Fragmentation in International Human Rights Law
This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.
Secondary Rules of Primary Importance in International Law
The focus of this edited volume is the often-overlooked importance of secondary rules of international law. Secondary rules of international law-such as attribution, causality, and the standard and burden of proof-have often been neglected in scholarly literature and have seen fragmented application in international legal practice. Yet the systemic nature of international law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of international courts and tribunals. Accelerated development of international law and international litigation, coupled with the fragmented nature of the adjudicatory terrain calls for theoretical...
Freedom of Religion and Belief in Turkey
The protection of the right to freedom of thought, conscience and religion is one of the most basic tenets of a democratic society. This right is not only crucial for those who believe, but is also so for atheists, agnostics and sceptics who have no religious beliefs. It is also considered a cornerstone of a democratic society and is closely linked to pluralism, tolerance and open-mindedness. Turkey has been involved in an accession process in order to become a full member of the European Union (EU) since 2005. The Justice and Development Party (Adalet ve Kalkınma Partisi – AKP), which first formed a government after its election victory of 2002, pledged to introduce reforms and lift proh...
