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Diversity and European human rights : rewriting judgments of the ECHR / edited by Eva Brems

Published
Cambridge ; New York : Cambridge University Press, 2013.
Physical Description
1 online resource
Additional Creators
Brems, Eva
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Language Note
English.
Contents
Cover; Contents; Tables; Notes on the contributors; Foreword; Acknowledgments; Guide to understanding the rewritten judgments; Abbreviations; Introduction; Redrafting eighteen judgments/decisions; Improving judicial reasoning; Dealing with diversity; Part I Children; 1 Rewriting V v. United Kingdom: building on a ground-breaking standard; Introduction; V v. United Kingdom: relevant facts; V v. United Kingdom: summary of the judgment; Subsequent developments: viewing the judgment in hindsight; The special circumstances of young offenders; Publicity and the protection of the child's identity., A specialist, child-friendly courtGeneral Comment No. 10 of the Committee on the Rights of the Child; Guidelines on Child-Friendly Justice; Further developments in the European Court of Human Rights; Transferring to adult court; Age of criminal responsibility; Conclusion; Rewriting V v. United Kingdom; C. Article 6 1 of the Convention; 2 Images of children in education: a critical reading of DH and others v. Czech Republic; Introduction; A summary of the facts of the cases discussed; The main legal issues raised in the DH case; Segregation of Roma pupils; The right of children to be heard., The importance of a right for the applicant and the margin of appreciationThe Court's treatment of the right to education; The image of Roma children and their parents in the Ostrava case; Children as incompetent and passive objects; The problem of the absence of speci.c and individualised information on the applicants; The images of parents; Concluding remarks; Rewriting DH and others v. Czech Republic; C. The Court's assessment; (a) Whether a presumption of indirect discrimination arises in the instant case; (b) Objective and reasonable justification; (c) Conclusion., 3 Mainstreaming children's rights in migration litigation: Muskhadzhiyeva and others v. BelgiumImage of the child: vulnerability and agency; A rationale for the irrelevance of the distinction between unaccompanied and accompanied migrant children regarding (positive) State obligations; The relationship between the human rights of children and adults; Towards parameters for the 'minimum level of severity' threshold in Article 3; Strict necessity of detention in order to be free from arbitrariness (Article 5); Positive obligations to promote and facilitate family life., and The role of other instruments in the interpretation of the ConventionConclusion; Rewriting Muskhadzhiyeva and others v. Belgium; 1. On the alleged violation of Article 3 of the Convention; 2. The Court's assessment; a) Concerning the applicant children; Relevant principles; Application of these principles to the present case; Conclusion; b) Concerning the first applicant; II. On the alleged violation of Article 5 1 of the Convention; a) Concerning the applicant children; b) Concerning the mother; V. On the alleged violation of Article 8 of the Convention; Part II Gender.
Summary
A demonstration of how European Court of Human Rights judgments might better accommodate the concerns of minorities.
Subject(s)
Genre(s)
ISBN
9781139840385 (electronic bk.)
113984038X (electronic bk.)
9781139208130 (electronic bk.)
1139208136 (electronic bk.)
9781283746649 (MyiLibrary)
1283746646 (MyiLibrary)
9781139842761
1139842765
9781139845120 (e-book)
1139845128 (e-book)
9781107026605
1107026601
9781107538047 (paperback)
1107236606
9781107236608
1139854208
9781139854207
1139846000
9781139846004
1139841572
9781139841573
Digital File Characteristics
data file
Bibliography Note
Includes bibliographical references and index.
View MARC record | catkey: 43616490