Human rights 220 results

Article 34 of the European Convention on Human Rights prescribes that individual applications must be directed against one of the Convention States. Consequently, private actors involved in proceedings against other private actors before domestic courts must complain about State (in)action in their application to the European Court of Human Rights. In other words, originally 'horizontal' conflicts must be 'verticalised' in order to be admissible. Although such verticalised cases make up a large portion of the Court's case law, the particular nature of these cases, as well as procedural issues that may arise in them, has not received much attention. To fill this gap, this book offers a detailed examination of verticalised cases coming before the Court. The characteristics of and the Court's approach to verticalised cases are explored by means of an in-depth analysis of four types of verticalised cases (cases related to one's surroundings; cases involving a conflict between the right to reputation and private life and the right to freedom of expression; family life cases; and employer-employee cases). On the basis of this analysis, it is argued that the Court's current approach to verticalised cases poses problems for private actors, Convention States and the Court itself. In presenting recommendations for the resolution of these problems, the book concludes with a proposal for a new approach to verticalised cases, consisting of a redesigned third-party intervention procedure.

This book addresses the issue of mothers who, fleeing from domestic violence, take their children with them and thus become liable for international child abduction. It examines how protection measures can help the abducting mother in this context, with a special focus on the utility of Regulation 606/2013 on mutual recognition of protection measures in civil matters and Directive 2011/99/EU on the European Protection Order, which allow cross-border circulation of protection measures.

This book provides a thorough account of states' obligations to prevent childhood obesity under the Convention on the Rights of the Child, focusing on restricting unhealthy food marketing to children. It also examines state obligations under the European Convention on Human Rights and EU law.

This third edition of the American Convention of Human Rights provides a thorough review of the protection of crucial convention rights and their application by the Inter-American Court of Human Rights. The book offers an engaging discussion of human rights issues, both old and new, occurring in the Americas.

Statelessness remains an issue of concern in Europe. Stateless persons often experience problems with accessing basic rights, despite the proclamation of human rights and a right to a nationality for all. Various attempts have been made to address the issue of statelessness, for instance through the adoption of the United Nations Statelessness Conventions, but also by European regional cooperation mechanisms. This book analyses and places into context the legal approaches that states have taken together in the context of the Council of Europe and the European Union to prevent and solve statelessness from a human rights perspective.

This book is a collection of contributions examining children's access to justice within selected jurisdictions and various areas of law. It explores children's participation in judicial and non-judicial procedures in practice and discusses various obstacles to participation.

Based on fieldwork unprecedented in scope, this project provides the first systematic study of the formulation and implementation of the recommendations of 13 Latin American truth commissions. Vol. II consists of 11 in-depth case studies from Latin America.

Based on fieldwork unprecedented in scope, this project provides the first systematic study of the formulation and implementation of the recommendations of 13 Latin American truth commissions. Vol. I focuses on cross-country analysis.

The European Yearbook on Human Rights brings together renowned scholars, emerging voices and practitioners, comprising contributions which engage with some of the most important human rights issues and developments in Europe. The Yearbook helps to better understand the rich landscape of the European regional human rights system and is intended to stimulate discussions, critical thinking and further research in this field.

This book is a short and accessible introduction to the concepts of human rights, the Internet and the emergence of an era of human rights online as a new legal challenge.

This topical and timely handbook provides a rich source of information for everyone with an interest in the application of children’s rights in practice.

This book provides a comprehensive, detailed and up-to-date account of the Strasbourg case-law on the right to a fair trial. It focuses on the Court's most important fair trial cases which have been selected following the Court's Jurisconsult's opinion of their jurisprudential interest.

This book presents a rich and detailed analysis of the incorporation of the United Nations Convention on the Rights of the Child. It combines individual contributions that address the experience of legal incorporation in countries around the world, written by individual country experts, with comparative analysis of the international landscape from the world’s leading authorities on children’s rights incorporation.

This book examines how international judicial and non-judicial bodies in Europe address the needs of the families of forcibly disappeared persons.

The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime provides the first internationally agreed definition of the human trafficking. However, in failings to clarify the exact scope and meaning of exploitation, it has created an ambiguity as to what constitutes exploitation of labour in criminal law. The international definition's preference for an enumerative approach has been replicated in most regional and domestic legal instruments, making it difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the Protocol. This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law.

States cooperate to stem irregular migration flows, yet migration control agreements often result in widespread violations of the socio-economic rights of people on the move contained in the Global South. This book examines the States that are responsible for these violations.

This book discusses how delivering a Mega-Sporting Event (MSE) can impact human rights and highlights the challenges of dealing with cases of MSE-related human rights abuses and establishing legal responsibility.

Since the adoption of the 1989 UN Convention on the Rights of the Child, all children in the world have rights that are protected by states - at least in theory. In practice, children's rights are grossly violated on a daily basis and on a global scale. This publication proposes that a better understanding of children's rights violations may be achieved if looking at law from a child's perspective.

The European Yearbook on Human Rights brings together renowned scholars, emerging voices and practitioners. Split into parts devoted to recent developments in the European Union, the Council of Europe and the OSCE as well as through reports from the field, the contributions engage with some of the most important human rights issues and developments in Europe.

Ever since the adoption of the Universal Declaration of Human Rights in 1948 there has been a debate on the issue of universality and cultural diversity. The UN human rights treaty bodies have an important role to play in ensuring a proper balance between safeguarding the universality of the rights, while at the same time leaving room for cultural particularities. This book examines how the UN treaty bodies, in particular the Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination against Women, fulfil this role.