Diversity and European Human Rights
eBook - PDF

Diversity and European Human Rights

Rewriting Judgments of the ECHR

  1. English
  2. PDF
  3. Available on iOS & Android
eBook - PDF

Diversity and European Human Rights

Rewriting Judgments of the ECHR

About this book

Through redrafting the judgments of the ECHR, Diversity and European Human Rights demonstrates how the court could improve the mainstreaming of diversity in its judgments. Eighteen judgments are considered and rewritten to reflect the concerns of women, children, LGB persons, ethnic and religious minorities, and persons with disabilities in turn. Each redrafted judgment is accompanied by a paper outlining the theoretical concepts and frameworks that guided the approaches of the authors and explaining how each amendment to the original text is an improvement. Simultaneously, the authors demonstrate how difficult it can be to translate ideas into judgments, whilst also providing examples of what those ideas would look like in judicial language. By rewriting actual judicial decisions in a wide range of topics this book offers a broad overview of diversity issues in the jurisprudence of the ECHR and aims to bridge the gap between academic analysis and judicial practice.

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Yes, you can access Diversity and European Human Rights by Eva Brems in PDF and/or ePUB format, as well as other popular books in Politics & International Relations & Human Rights. We have over one million books available in our catalogue for you to explore.

Table of contents

  1. Cover
  2. Contents
  3. Tables
  4. Notes on the contributors
  5. Foreword
  6. Acknowledgments
  7. Guide to understanding the rewritten judgments
  8. Abbreviations
  9. Introduction
  10. Part I Children
  11. 1 Rewriting V v. United Kingdom: building on a ground-breaking standard
  12. 2 Images of children in education: a critical reading of DH and others v. Czech Republic
  13. 3 Mainstreaming children’s rights in migration litigation: Muskhadzhiyeva and others v. Belgium
  14. Part II Gender
  15. 4 Redrafting abortion rights under the Convention: A, B and C v. Ireland
  16. 5 A noble cause: a case study of discrimination, symbols and reciprocity
  17. 6 From inclusion to transformation: rewriting Konstantin Markin v. Russia
  18. Part III Religious minorities
  19. 7 Rethinking Deschomets v. France: reinforcing the protection of religious liberty through personal autonomy in custody disputes
  20. 8 Mainstreaming religious diversity in a secular and egalitarian State: the road(s) not taken in Leyla ƞahin v. Turkey
  21. 9 Suku Phull v. France rewritten from a procedural justice perspective: taking religious minorities seriously
  22. Part IV Sexual minorities
  23. 10 Rewriting Schalk and Kopf: shifting the locus of deference
  24. 11 The Burden of conjugality
  25. 12 The public faces of privacy: rewriting Lustig-Prean and Beckett v. United Kingdom
  26. Part V Disability
  27. 13 Unravelling the knot: Article 8, private life, positive duties and disability: rewriting Sentges v. Netherlands
  28. 14 Rethinking Herczegfalvy: the Convention and the control of psychiatric treatment
  29. 15 Rewriting Kolanis v. United Kingdom: the right to community living
  30. Part VI Cultural minorities
  31. 16 Minority marriage and discrimination: redrafting Muñoz Díaz v. Spain
  32. 17 Chapman redux: the European Court of Human Rights and Roma traditional lifestyle
  33. 18 Erasing Q, W and X, erasing cultural differences
  34. Index