Suchergebnisse
Filter
52 Ergebnisse
Sortierung:
Hierarchy in international law: the human rights dimension
In: School of Human Rights Research series 9
Corporate human rights obligations: in search of accountability
In: School of Human Rights Research series 17
The increasing impact of human rights law on the financial world
In: Cahiers AEDBF/EVBFR-Belgium no. 28
"Finance and human rights may be an unusual combination for a book theme, considering the apparent distance between both worlds. But appearances are deceiving: human rights law does impact the financial world, albeit in an indirect way. Just think about governmental measures such as financial embargoes, the regulation of the vulture funds or the many privacy rules with which financial institutions have to cope in their daily activities. Financial institutions are also confronted with the societal changes and new priorities which drive them to undertake their business in a more human rights-compliant way. This book attempts to provide a synthesis of the growing impact of human rights law on the financial world."--Editors
Rights and wrongs under the ECHR: the prohibition of abuse of rights in Article 17 of the European Convention on Human Rights
In: School of Human Rights Research series volume 78
This study seeks to shed light on the prohibition of abuse of rights in Article 17 ECHR in order to contribute to a more coherent interpretation of this provision. To that aim it studies the abuse clause from different perspectives. First, it looks at the historical background of the provision to examine what motivated the drafters to include this prohibition. Then it moves on to the case law of the European Commission of Human Rights and the European Court of Human Rights and to legal doctrine, revealing the difficulties and inconsistencies in the current interpretation of the abuse clause. Next, it analyses the interpretation of prohibitions of abuse in other human rights documents to see whether parallels can be drawn with the interpretation of Article 17 ECHR. Subsequently, it addresses the concepts of "abuse of rights" and "militant democracy" and examines the extent to which they offer a framework for understanding the abuse clause. Based on the insights obtained from these different perspectives, this study puts forward a proposal as to how Article 17 ECHR can best be applied in the future
The reporting procedure under the Covenant on Civil and Political Rights: practice and procedures of the Human Rights Committee
In: School of Human Rights Research series 2
Fundamental rights violations by private actors and the procedure before the European Court of Human Rights: a study of verticalised cases
In: School of human rights research series volume 98
Article 34 of the European Convention on Human Rights prescribes that individual applications must be directed against one of the Convention States. Consequently, private actors involved in proceedings against other private actors before domestic courts must complain about State (in)action in their application to the European Court of Human Rights. In other words, originally 'horizontal' conflicts must be 'verticalised' in order to be admissible. Although such verticalised cases make up a large portion of the Court's case law, the particular nature of these cases, as well as procedural issues that may arise in them, has not received much attention. To fill this gap, this book offers a detailed examination of verticalised cases coming before the Court. The characteristics of and the Court's approach to verticalised cases are explored by means of an in-depth analysis of four types of verticalised cases (cases related to one's surroundings; cases involving a conflict between the right to reputation and private life and the right to freedom of expression; family life cases; and employer-employee cases). On the basis of this analysis, it is argued that the Court's current approach to verticalised cases poses problems for private actors, Convention States and the Court itself. In presenting recommendations for the resolution of these problems, the book concludes with a proposal for a new approach to verticalised cases, consisting of a redesigned third-party intervention procedure.
World Affairs Online
Freedom of expression in England and under the ECHR: in search of a common ground ; a foundation for the application of the Human Rights Act 1998 in English law
In: School of Human Rights Research series 6
International criminal adjudication and the collection of evidence: obligations of states
In: School of Human Rights Research series 16