Core Socio Economic Rights And The European Court Of Human Rights
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Core Socio Economic Rights And The European Court Of Human Rights
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Author : Ingrid Leijten
language : en
Publisher: Cambridge University Press
Release Date : 2018-01-25
Core Socio Economic Rights And The European Court Of Human Rights written by Ingrid Leijten and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-25 with Political Science categories.
Core Socio-Economic Rights and the European Court of Human Rights focuses on socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR) and, through review and exploration of core socio-economic protection and rights, offers suggestions for improving the ECtHR's reasoning in socio-economic cases.
Human Rights As Indivisible Rights
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Author : Ida Koch
language : en
Publisher: BRILL
Release Date : 2009-09-28
Human Rights As Indivisible Rights written by Ida Koch and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-28 with Law categories.
The book analyses the legal nation of human rights as indivisible, interrelated and interdependent rights by analysing case law from the European Court of Human Rights. The book concludes that the nation of human rights as indivisible right as a legal content and that aspects of several socio-economic rights are in fact protected by the Convention.
Socio Economic Human Rights In Essential Public Services Provision
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Author : Marlies Hesselman
language : en
Publisher: Taylor & Francis
Release Date : 2016-11-10
Socio Economic Human Rights In Essential Public Services Provision written by Marlies Hesselman and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-10 with Law categories.
There is a clear overlap between securing socio-economic human rights for all persons and arranging adequate access to essential public services across society. Both are necessary to realise thriving, inclusive societies, with adequate living standards for all, based on human dignity. This edited volume brings together the two topics for the first time. In particular, it identifies the common challenges for essential public services provision and socio-economic human rights realisation, and it explores how socio-economic rights law can be harnessed to reinforce better access to services. An important aim of this book is to understand how international socio-economic human rights law and guideposts can be used and strengthened to improve access to services, and assess socio-economic legal and policy decisions. The volume includes contributions from different continents, on a range of different services, and engages with the realities of different regulatory settings. After an introduction that sets out the most important challenges for universal access to services – including sufficient resources mobilisation, private actor involvement and regulation, or the need for improved checks and balances – the book goes on to discuss current issues in services provision and socio-economic rights, as well as explores the place and role of private business actors in the provision of services. In particular, it assesses how the responsibility and accountability of such actors for human rights can be improved . The final part of the book narrows in on the under-explored human rights concepts of ‘participation’ and ‘accountability’, as essential prerequisites for better ‘checks and balances’. Overall, this volume presents a unique and powerful illustration of how socio-economic human rights law supports improved access to essential public services for all.
Social Economic And Cultural Rights
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Author : Peter van der Auweraert
language : en
Publisher: Maklu
Release Date : 2002
Social Economic And Cultural Rights written by Peter van der Auweraert and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Civil rights categories.
B. The Example of Belgium
Shaping Rights In The Echr
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Author : Eva Brems
language : en
Publisher: Cambridge University Press
Release Date : 2014-01-23
Shaping Rights In The Echr written by Eva Brems and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-23 with Political Science categories.
In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.
Exploring The Core Content Of Socio Economic Rights
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Author : Danie Brand
language : en
Publisher: Spotlight Poets
Release Date : 2002
Exploring The Core Content Of Socio Economic Rights written by Danie Brand and has been published by Spotlight Poets this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Art categories.
This book brings together a series of papers and responses to papers presented at a conference on the minimum core content of socio-economic rights in Pretoria, South Africa, during August 2000. The papers aim to describe the minimum core content of different socio-economic rights, first from an international law perspective and then, by way of response from a South African perspective. In the process the normative content of the rights concerned is given flesh: the authors attempt to identify particular obligations that can be said to form the core of rights such as the right to housing, the right to food, the right to education and the rights to social security and assistance. At the same time the concept of a minimum core content, or minimum core obligations of economic and social rights is problematised and the difficulties of using concepts developed within the general and abstract realm of international law in the more particular and concrete context of domestic rights adjudication are explored. This book as a result contains a great deal of practically useful information for use by human rights practitioners, both legal and non-legal. At the same time it provides some critical reflection on that information and the conceptual framework from which it is derived.
General Principles Of The European Convention On Human Rights
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Author : Janneke Gerards
language : en
Publisher: Cambridge University Press
Release Date : 2023-06-30
General Principles Of The European Convention On Human Rights written by Janneke Gerards and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-30 with Political Science categories.
The European Convention on Human Rights is one of the world's most important and influential human rights documents. It owes its value mainly to the European Court of Human Rights, which applies the Convention rights in individual cases. This book offers insight into the concepts and principles that are key to understanding the European Convention and the Court's case law. It explains how the Court approaches its cases and its decision-making process, illustrated by numerous examples taken from the Court's judgments. Core issues discussed include types of Convention rights (such as absolute rights); the structure of the Court's Convention rights review; principles and methods of interpretation (such as common-ground interpretation and the use of precedent); positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and the requirements for the restriction of Convention rights.
Exploring Social Rights
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Author : Daphne Barak-Erez
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-12-19
Exploring Social Rights written by Daphne Barak-Erez and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-19 with Law categories.
Exploring Social Rights looks into the theoretical and practical implications of social rights. The book is organised in five parts. Part I considers theoretical aspects of social rights, and looks into their place within political and legal theory and within the human rights tradition; Part II looks at the status of social rights in international law, with reference to the challenge of globalisation and to the significance of specific regional regulation (such as the European System); Part III includes discussions of various legal systems which are of special interest in this area (Canada, South Africa, India and Israel); Part IV looks at the content of a few central social rights (such as the right to education and the right to health); and Part V discusses the relevance of social rights to distinct social groups (women and people with disabilities). The articles in the book, while using the category of social rights, also challenge the separation of rights into distinct categories and question the division of rights to 'civil' vs 'social' rights, from a perspective which considers all rights as 'social'. This book will be of interest to anyone concerned with human rights, the legal protection of social rights and social policy. 'Social rights are the stepchildren of the human rights family. Are they really 'rights'? Can courts enforce them? And does it make any difference when they try? This remarkable collection of essays by distinguished scholars offers important new responses to all the basic questions. Ranging across disciplinary and national boundaries and brimming with both theoretical and practical insights, the book is especially welcome in this moment of mounting inequalities and growing interest in the possibilities and perils of social rights.' William E Forbath, Lloyd M Bentsen Chair in Law and Professor of History, University of Texas at Austin 'At the auspicious moment of the sixtieth anniversary of the Universal Declaration of Human Rights, and more than half a century since the beginning of the Human Rights Revolution–a time characterized by the end of the cold war, globalization and privatization, comes this important compilation which critically revisits the international commitment to social rights, and reconceives its core distinguishing principles–from crosscutting comparative, theoretical and practical perspectives–illuminating our commitment to human security.' Ruti Teitel, Ernst Stiefel Professor of Comparative Law, New York Law School. Author, 'Transitional Justice' (OUP 2002)
Economic Social And Cultural Rights
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Author : Asbjørn Eide
language : en
Publisher: BRILL
Release Date : 2001-06-01
Economic Social And Cultural Rights written by Asbjørn Eide and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-06-01 with Law categories.
The first edition of this text was a textbook on internationally recognized economic, social and cultural rights. While focusing on this category of rights, it also analyzed their relationships to other human rights, civil and political in particular. This revised edition updates the information.
Human Rights In The Council Of Europe And The European Union
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Author : Steven Greer
language : en
Publisher: Cambridge University Press
Release Date : 2018-03-29
Human Rights In The Council Of Europe And The European Union written by Steven Greer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-29 with Law categories.
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms