Diversity and European Human Rights

Diversity and European Human Rights
Author: Eva Brems
Publisher: Cambridge University Press
Total Pages: 499
Release: 2012-11-22
Genre: Political Science
ISBN: 1139851845

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.

Human and Minority Rights Protection by Multiple Diversity Governance

Human and Minority Rights Protection by Multiple Diversity Governance
Author: Joseph Marko
Publisher: Routledge
Total Pages: 622
Release: 2019-03-04
Genre: Political Science
ISBN: 1134830432

Human and Minority Rights Protection by Multiple Diversity Governance provides a comprehensive overview and critical analysis of minority protection through national constitutional law and international law in Europe. Using a critical theoretical and methodological approach, this textbook: provides a historical analysis of state formation and nation building in Europe with context of religious wars and political revolutions, including the (re-)conceptualisation of basic concepts and terms such as territoriality, sovereignty, state, nation and citizenship; deconstructs all primordial theories of ethnicity and provides a sociologically informed political theory for how to reconcile the functional prerequisites for political unity, legal equality and social cohesion with the preservation of cultural diversity; examines the liberal and nationalist ideological framing of minority protection in liberal-democratic regimes, including the case law of the European Court of Human Rights and the European Court of Justice; analyses the ongoing trend of re-nationalisation in all parts of Europe and the number of legal instruments and mechanisms from voting rights to proportional representation in state bodies, forms of cultural and territorial autonomy and federalism. This textbook will be essential reading for students, scholars and practitioners interested in European politics, human and minority rights, constitutional and international law, governance and nationalism. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.

The Politics of Diversity in Europe

The Politics of Diversity in Europe
Author: Gavan Titley
Publisher: Council of Europe
Total Pages: 204
Release: 2008-01-01
Genre: Political Science
ISBN: 9789287161710

Diversity has become a key term in contemporary social politics, and is often used as both a description of complex social realities and a normative prescription for how those realities should be valued, influenced by the politics of multiculturalism and by social movements asserting "the right to be different" diversity has emerged as an open, fluid discourse that challenges reductive visions of legitimate identities and human possibilities.It is this apparent acceptance of diversity as a fact and value that this book looks at in several ways, it offers a countervailing assessment of diversity, seeing it less as a unifying social imaginary and more as a cost-free form of politics attuned to the needs of late capitalist, consumer societies.The essays collected here are developed from a research seminar entitled "Diversity, Human Rights and Participation" organised by the Partnership on Youth between the Council of Europe and the European Commission. The studies gathered here are embedded in 10 different national contexts. They track dimensions of 'diversity' in education, social services, jurisprudence, parliamentary proceedings and employment initiatives, and assess their significances for the social actors who must negotiate these frameworks in their daily experience.

Ethno-Cultural Diversity and Human Rights

Ethno-Cultural Diversity and Human Rights
Author: Gaetano Pentassuglia
Publisher: BRILL
Total Pages: 389
Release: 2018-01-22
Genre: Law
ISBN: 9004328785

What is the role of ethno-cultural groups in human rights discourse? Under international human rights law, standards are unclear and ambivalent, while traditional analyses have often failed to elucidate and unpack the conceptual, legal, and policy complexities involved. In Ethno-Cultural Diversity and Human Rights, prominent experts chart new territory by addressing contested dimensions of the field. They include the impact of collective interests on rights discourse and nation-building, international law’s responses to group demands for decision-making authority, and concerns for immigration, intersectionality, and peacebuilding. Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, this volume will be essential reading for scholars and practitioners of human rights, diversity, and conflict management.

Gender and Diversity Studies

Gender and Diversity Studies
Author: Ingrid Jungwirth
Publisher: Verlag Barbara Budrich
Total Pages: 329
Release: 2019-10-07
Genre: Social Science
ISBN: 3847409484

What concepts of ‘gender’ and ‘diversity’ emerge in the different regions and pertinent research and practical fields? On the back drop of current European developments – from the deregulation of economy, a shrinking welfare state to the dissolution and reinforcement of borders – the book examines the development of Gender and Diversity Studies in different European regions as well as beyond and focuses on central fields of theoretical reflection, empirical research and practical implementation policies and politics.

Democracy and Human Rights for Europe

Democracy and Human Rights for Europe
Author: Jean Petaux
Publisher: Council of Europe
Total Pages: 344
Release: 2009-01-01
Genre: Political Science
ISBN: 9789287166678

Over 800 million Europeans can individually obtain a ruling from a European court against their State if it has violated their human rights. There is an assembly in Strasbourg where members of the Icelandic, Russian, Portuguese, German, Georgian and other European parliaments all sit together. A Congress exists whose sessions are attended by representatives of 200 000 local and regional authorities of Europe. All these statements relate to the Council of Europe, the first of the European institutions to be founded. Now 47 member states strong, the Council - which is to celebrate its 60th anniversary this year - has become one of the main institutions of intergovernmental co-operation. This book looks at the political role of the Council of Europe, which is now not only a forum for democracy and a gage of stability, the home of human rights and the forum of cultural diversity, but also the crucible of Europe and the future for politics. The author examines all that is specific to the Council of Europe within the European architecture, particularly vis-á-vis the European Union. This book is essential reading for anyone wishing to study the Strasbourg-based Council of Europe, understand how it operates and find out about the contribution that it makes.

Linguistic Diversity and European Democracy

Linguistic Diversity and European Democracy
Author: Anne Lise Kjær
Publisher: Routledge
Total Pages: 242
Release: 2016-05-06
Genre: Law
ISBN: 1317104927

What role does linguistic diversity play in European democratic and legal processes? Is it an obstacle to deliberative democracy and a hindrance to legal certainty, or a cultural and economic asset and a prerequisite for the free movement of citizens? This book examines the tensions and contradictions of European language laws and policy from a multi-disciplinary perspective. With contributions from leading researchers in EU law and legal theory, political science, sociology, sociolinguistic and cognitive linguistics, it combines mutually exclusive and competing perspectives of linguistic diversity. The work will be a valuable resource for academics and researchers in the areas of European law, legal theory and linguistics.

Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights
Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
Total Pages: 124
Release: 2017-08-04
Genre: Political Science
ISBN:

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Diversity and European Human Rights

Diversity and European Human Rights
Author: Eva Brems
Publisher: Cambridge University Press
Total Pages: 499
Release: 2013
Genre: Law
ISBN: 1107026601

A demonstration of how European Court of Human Rights judgments might better accommodate the concerns of minorities.