Diversity and European Human Rights

Rewriting Judgments of the ECHR

Eva Brems

• Publisher: Cambridge University Press
• Year: 2012
• Print ISBN:
  9781107026605
• eBook ISBN:
  9781139848299
• Topic: Politics & International Relations
• Subtopic: Human Rights
• Index: Politics & International Relations

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.

Table of contents

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