Europeans and their rights - The Right to Life in European constitutional and conventional case law

Europeans and their rights - The Right to Life in European constitutional and conventional case law
Author:
Publisher:
Total Pages: 0
Release: 2006
Genre:
ISBN:

The right to life is the prime individual right in treaty and constitution systems of fundamental rights. The whole approach to protecting this right has changed considerably with scientific and medical advances. Whereas traditionally the concern was to protect life from all threats, today there is the additional very prominent issue of human -- scientific and medical -- intervention in the life-giving process in such forms as abortion, medically assisted procreation, embryo research, cloning and euthanasia. This comparative analysis of the case law of Europe's constitutional courts and the Council of Europe's European Court of Human Rights examines the nature and scope of the right to life in order to determine whether there is a common legal approach to the question in Europe. Bertrand Mathieu.

The Right to Life in European Constitutional and International Case-law

The Right to Life in European Constitutional and International Case-law
Author: Bertrand Mathieu
Publisher: Council of Europe
Total Pages: 128
Release: 2006-01-01
Genre: Law
ISBN: 9287158673

The right to life is the prime individual right in treaty and constitution systems of fundamental rights. The whole approach to protecting this right has changed considerably with scientific and medical advances. Whereas traditionally the concern was to protect life from all threats, today there is the additional very prominent issue of human, scientific and medical intervention in the life-giving process in such forms as abortion, medically assisted procreation, embryo research, cloning and euthanasia. This comparative analysis of the case law of Europes constitutional courts and the Council of Europes European Court of Human Rights examines the nature and scope of the right to life in order to determine whether there is a common legal approach to the question in Europe

Notable Cases of the European Court of Human Rights on the Right to Life- e-Book

Notable Cases of the European Court of Human Rights on the Right to Life- e-Book
Author: CARCANO ANDREA
Publisher: G Giappichelli Editore
Total Pages: 304
Release: 2020-06-19
Genre: Law
ISBN: 8892186590

Since its inception, the European Court of Human Rights has been at the forefront of the interpretative effort to clarify and develop human rights law in controversial factual and political contexts. Given this role, this book discusses some of the most important decisions the Court has issued on the right to life under Article 2 of the European Convention on Human Rights and includes a critical analysis of the judicial developments linked to those judgments. To students, the book offers an instructive resource on cases and international norms relating to the right to life. It achieves this through a methodology that prioritises reading primary sources, studying law in concreto by testing it against the facts to which it applies, and stimulating curiosity in the process of learning how to learn. To scholars and practitioners, it provides a tool to appraise the contribution of the Strasbourg jurisprudence to the human right to life and to identify the work that remains to be done.

The Right to Life Under Article 2 of the European Convention on Human Rights

The Right to Life Under Article 2 of the European Convention on Human Rights
Author: Lawrence Early
Publisher: Wolf Legal Publishers
Total Pages: 0
Release: 2016
Genre: Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN: 9789462403055

On 13 February 2015 a Seminar took place in the European Court of Human Rights in Strasbourg entitled "The Right to Life: Twenty Years of Legal Developments since McCann v. the United Kingdom". The Seminar was to celebrate the work and achievements of the Court's Deputy Registrar, Michael O'Boyle, on the occasion of his retirement. This volume contains the submissions made during and after the Seminar, and the order of inclusion of the submissions is based on the three working sessions of the Seminar. [Subject: Human Rights Law, European Law]

A Cosmopolitan Legal Order

A Cosmopolitan Legal Order
Author: Alec Stone Sweet
Publisher: Oxford University Press
Total Pages: 284
Release: 2018-05-08
Genre: Law
ISBN: 0192559176

In this book, Alec Stone Sweet and Clare Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no. 11 (1998) to the European Court of Human Rights (ECtHR) and the incorporation of the Convention into national law. The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience, and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, the Strasbourg Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.

Introduction to the European Convention on Human Rights

Introduction to the European Convention on Human Rights
Author: Jean-François Renucci
Publisher: Council of Europe
Total Pages: 132
Release: 2005-01-01
Genre: Law
ISBN: 9789287157157

The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.

The Right to Life in the Perspective of the Human Rights Committee and the European Court of Human Rights

The Right to Life in the Perspective of the Human Rights Committee and the European Court of Human Rights
Author: Jan Kratochvil
Publisher:
Total Pages: 0
Release: 2007
Genre:
ISBN:

The paper compares the case law on the right to life of the European Court of Human Rights and the Human Rights Committee. It is argued that the main interpretative method that both the Committee and the Court use is the principle of effective protection of the right to life in practice. The comparison will show that the outcomes of the interpretative process do not in principle differ and the case law of the two bodies is strikingly similar, notwithstanding differences in the texts of the two treaties. It is argued that this can be best explained by recognising that both the Committee and the Court do not simply interpret the right to life as stipulated in the respective treaty. Both bodies rather pursue an effective protection of a common universal concept of the right to life inherent to all human beings. The paper also examines and describes the various obligations of states arising from the right to life under the European Convention on Human Rights and the International Covenant on Civil and Political Rights.

Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights

Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights
Author: Ana Salinas de Frias
Publisher: Council of Europe
Total Pages: 464
Release: 2013-04-01
Genre: Political Science
ISBN: 928717685X

Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.

Definition and Development of Human Rights and Popular Sovereignty in Europe

Definition and Development of Human Rights and Popular Sovereignty in Europe
Author: European Commission for Democracy through Law
Publisher: Council of Europe
Total Pages: 236
Release: 2011-01-01
Genre: Political Science
ISBN: 9789287171344

What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?