Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Tort law and human rights belong to different areas of law, namely private and public law. Nevertheless, the European Convention on Human Rights increasingly influences national tort law of signatory states, both on the vertical level of state liability and on the horizontal level between private persons. An individual can appeal to the European Convention on Human Rights in order to challenge national tort law in two situations: where he is held accountable under national tort law for exercising his Conventions rights, and where national law does not provide effective compensation in accordance with Article 13. The second method is strongly connected with the practice of the European Court of Human Rights to award compensations itself on the basis of Article 41. A compensation in national tort law is considered to be effective according to Article 13 when it is comparatively in line with the compensations of the European Court of Human Rights granted on the basis of Article 41. This raises the important question as to how compensations under Article 41 are made by the European Court of Human Rights. The European Convention on Human Rights as an Instrument of Tort Law examines the entanglement of public and private and national and transnational law in detail and argues that while the Court uses a different terminology, it applies principles that are very similar to those of national tort law and that the Court has developed a compensatory practice that can be described as a tort law system. Stefan Somers is a professor at the Free University of Brussels (VUB) where he lectures on the law of obligations. He is also a trainee judge and prosecutor at the Court of First Instance and the Commercial Court, Antwerp.

Torts --- Human rights --- Convention for the Protection of Human Rights and Fundamental Freedoms --- Liability (Law)

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Forde examines the effectiveness of the human rights system of the Council of Europe (CoE) in conflict-affected regions and advances a novel approach to understanding how the European Convention on Human Rights can better serve the 10+ million rights-holders living in so-called human rights 'grey zones'. Building on the premise that nowhere in Europe should be deprived of access to Europe's human rights architecture, Forde argues that areas of conflict give rise to a collective public order imperative on Member States to seek maximal effectiveness of the CoE human rights system. Despite Kosovo's sui generis status, much of the CoE's experience of engagement with Kosovo could inspire more proactive efforts in relation to other areas of conflict. This book advocates a judicious engagement of the CoE's unique assets and acquis in affected regions based on the collective responsibility of Member States and the normative will of the Secretary General.

Human rights --- Convention for the Protection of Human Rights and Fundamental Freedoms

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

"This book focuses on border deaths at sea. It unravels how the interplay of the law of the sea and rules on jurisdiction widen the opportunity for states to make and enforce rules outside their territory, and questions whether this is also accompanied with an obligation to respect the right to life under the European Convention on Human Rights (ECHR) when doing so. By embarking upon the challenge of analysing a cross-border phenomenon in which direct encounters between state agents and the victims are few through the lens of legal obligations, the book unearths avenues for arguing that the ECHR is applicable to border deaths on the high seas and showcases the Court's creativity in bridging the gap between the Convention and people in need of protection. Furthermore, it demonstrates that the ECHR is applicable to border deaths occurring within the territorial seas of states. It discusses the right to life, as well as the specific obligations of states in respect to border deaths at sea, and demonstrates that in many instances, EU policies fall short of the standards set under the right to life. This book will be of key interest to scholars, students and practitioners in migrant rights, international human rights law, public international law including, refugee and migration law, maritime law, and security studies"--

Refugees --- Emigration and immigration law --- Legal status, laws, etc. --- Convention for the Protection of Human Rights and Fundamental Freedoms

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

"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"--

Freedom of religion --- European Court of Human Rights. --- Convention for the Protection of Human Rights and Fundamental Freedoms

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

The authors - one academic and two practitioners in the Council of Europe Convention system - have the combined experience to give accurate and insightful commentary on Strasbourg case law and procedure.From the overwhelming amount of Strasbourg case law, the authors have selected the most essential cases to cover, resulting in an authoritative yet concise overview.Useful to students throughout Europe as it focuses on the European Convention, and the process and decisions of the Court, rather than the application of the Convention in any specific state.Maps course structure by examining each Convention right in turn, making coverage easy to find and followNew to this Edition:Covers the most significant developments since the publication of the seventh edition, in particular the adoption of Protocol 16 and the first advisory opinion of the Court.Includes a new section on the liability of state-owned enterprises.Examines case law in developing areas including new technologies.A revised concluding chapter reviews the ECHR's achievements, the relationship between the Court and the member states, and the future of the Court.

Human rights. --- Droits de l'homme --- Human rights --- Convention for the Protection of Human Rights and Fundamental Freedoms --- Human rights - Europe