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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
Populist Radical Right Parties in Europe
In: Res publica: politiek-wetenschappelijk tijdschrift van de Lage Landen ; driemaandelijks tijdschrift, Band 50, Heft 3, S. 337-347
ISSN: 0486-4700
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
Defending the right to be oneself
In: Tijdschrift voor genderstudies, Band 27, Heft 1, S. 60-64
ISSN: 2352-2437
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
The Populist Radical Right. A Pathological Normalcy
In: Res publica: politiek-wetenschappelijk tijdschrift van de Lage Landen ; driemaandelijks tijdschrift, Band 53, Heft 2, S. 245
ISSN: 0486-4700
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.
Nobody's children?: Enlightenment foundlings, identity and individual rights
In: Reeks Burgerhartlezingen Werkgroep 18e Eeuw 5
In: De achttiende eeuw
In: [suppl.]