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Articles 61 - 90 of 132
Full-Text Articles in Human Rights Law
Trafficking In Europe: An Analysis Of The Effectiveness Of European Law, Saadiya Chaudary
Trafficking In Europe: An Analysis Of The Effectiveness Of European Law, Saadiya Chaudary
Michigan Journal of International Law
This Essay looks at the manifestation of various forms of human trafficking within Europe and analyzes the effectiveness of current European law provisions in combating trafficking and protecting victims. The Essay will accomplish this by examining recent and current cases before the European Court of Human Rights and the comparative gap between European standards and domestic procedures in the United Kingdom. The United Kingdom is a well-known destination state for trafficking victims' and consequently is required to meet obligations under international law toward a significant number of individuals who have been forced into exploitation in the United Kingdom.
Should Criminal Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman
Should Criminal Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman
Chicago-Kent Law Review
This article uses the European Court of Human Rights judgment of Taxquet v. Belgium, decided by the Grand Chamber in 2010, which held that in some cases the trial jury's failure to give reasons for its verdict of guilt could constitute a violation of the right to a fair trial under Article 6 of the European Convention of Human Rights, as a springboard for discussing whether or not criminal trial juries in Europe and the United States should be more accountable for their verdicts. The article explains the special jury verdicts traditionally used in Europe and the new Spanish requirement …
Striking A Balance Between Human Rights And Peace And Stability: A Review Of The European Court Of Human Rights Decision Sejdi´C And Finci V. Bosnia And Herzegovina, Céline Tran
Human Rights Brief
No abstract provided.
Updates From The Regional Human Rights Systems, Anna Taylor, Matthew Lopas, Sarone Solomon
Updates From The Regional Human Rights Systems, Anna Taylor, Matthew Lopas, Sarone Solomon
Human Rights Brief
No abstract provided.
Updates From The Regional Human Rights Systems, Carson Osberg, Emilyrose Johns, Christopher Tansey, Michael Becker
Updates From The Regional Human Rights Systems, Carson Osberg, Emilyrose Johns, Christopher Tansey, Michael Becker
Human Rights Brief
No abstract provided.
Updates From The Regional Human Rights Systems, Carson Osberg, Emilyrose Johns, Christopher Tansey, Michael Becker
Updates From The Regional Human Rights Systems, Carson Osberg, Emilyrose Johns, Christopher Tansey, Michael Becker
Human Rights Brief
No abstract provided.
The European Human Rights System, James W. Hart
The European Human Rights System, James W. Hart
Law Librarian Articles and Other Publications
This article presents the historical, organizational, and bibliographic information needed to research the Council of Europe’s regulation of human rights. It begins with an explanation of the reasons for the organization’s founding and then describes its statute, its structure, the Convention for the Protection of Human Rights and Fundamental Freedoms, the history of the changes in the treaty’s procedures, and its enforcement mechanisms. The final section provides similar treatment for another, less well known, of the Council’s human rights treaties, the European Social Charter
Identifying And Enforcing Back-End Electoral Rights In International Human Rights Law, Katherine A. Wagner
Identifying And Enforcing Back-End Electoral Rights In International Human Rights Law, Katherine A. Wagner
Michigan Journal of International Law
From Kenya to Afghanistan, Ukraine, the United States, Mexico, and Iran, no region or form of government has been immune from the unsettling effects of a contested election. The story is familiar, and, these days, hardly surprising: a state holds elections, losing candidates and their supporters claim fraud, people take to the streets, diplomats and heads of state equivocate, and everyone waits for the observers' reports. It is the last chapter of this story-the resolution-that remains unfamiliar and still holds the potential to surprise. The increasing focus on and importance of the resolution of contested elections, that resolution's link to …
Freedom Of Expression And The Right To Reputation: Human Rights In Conflict, Stijn Smet
Freedom Of Expression And The Right To Reputation: Human Rights In Conflict, Stijn Smet
American University International Law Review
No abstract provided.
Updates From The Regional Human Rights Systems, Andrew W. Maki, Whitney Hayes, Daniela X. Cornejo
Updates From The Regional Human Rights Systems, Andrew W. Maki, Whitney Hayes, Daniela X. Cornejo
Human Rights Brief
No abstract provided.
Updates From The Regional Human Rights Systems, Sarira Sadeghi, Christopher Tansey, Michael Becker, Emilyrose Johns, Carson Osberg
Updates From The Regional Human Rights Systems, Sarira Sadeghi, Christopher Tansey, Michael Becker, Emilyrose Johns, Carson Osberg
Human Rights Brief
No abstract provided.
The Use Of Article 31(3)(C) Of The Vclt In The Case Law Of The Ecthr: An Effective Anti-Fragmentation Tool Or A Selective Loophole For The Reinforcement Of Human Rights Teleology?, Vassilis P. Tzevelekos
The Use Of Article 31(3)(C) Of The Vclt In The Case Law Of The Ecthr: An Effective Anti-Fragmentation Tool Or A Selective Loophole For The Reinforcement Of Human Rights Teleology?, Vassilis P. Tzevelekos
Michigan Journal of International Law
In Part I the Article will briefly introduce the question of the fragmentation of international law, and will more extensively delineate the role that the ILC attributed to Article 31(3)(c) and the ILC's expectations regarding its success in this role. Next, Part II will give an overview of the special elements of the ECHR socio-normative environment, which gave rise to the case law into which Article 31(3)(c) came into force. The Article will argue that, in addition to benefiting from the very special nature of the ECHR, the Strasbourg Court also has a significant number of interpretative tools that allow …
Introductory Note To European Court Of Human Rights (Grand Chamber): Varnava And Others V. Turkey, Chris Jenks
Introductory Note To European Court Of Human Rights (Grand Chamber): Varnava And Others V. Turkey, Chris Jenks
Faculty Journal Articles and Book Chapters
This note introduces a Grand Chamber of the European Court of Human Rights decision which explains the application of the European Convention on Human Rights and Fundamental Freedoms on disappearances stemming from armed conflict. The Varnava judgment is particularly instructive on the balance of competing tensions; the unique aspects of disappearances; failure to investigate as a continuous violation; and applicant’s obligations under the Convention to exhaust domestic remedies and timely petition the Court.
Pluralism, Secularism And The European Court Of Human Rights, Zachary R. Calo
Pluralism, Secularism And The European Court Of Human Rights, Zachary R. Calo
Scholarly Works
Beginning with its seminal 1993 decision in Kokkinakis v. Greece, the European Court of Human Rights has defined religious pluralism as an essential good of the liberal democratic society. Yet, in subsequent decisions traversing a range of legal issues [e.g. Sahin, Dahlab, Bayatyan, and Lautsi], the Court has rendered decisions facially at odds with the goal of advancing religious pluralism. This paper is concerned with assessing the discontinuity between the Court’s high embrace of normative religious pluralism and its failure to consistently realize this ideal in practice.The paper argues that the Court has failed to consistently render decisions in accord …
The International Legal Framework For Stability Operations: When May International Forces Attack Or Detain Someone In Afghanistan?, Marco Sassoli
The International Legal Framework For Stability Operations: When May International Forces Attack Or Detain Someone In Afghanistan?, Marco Sassoli
International Law Studies
No abstract provided.
Substantive Equality In The European Court Of Human Rights?, Dr. Rory O'Connell
Substantive Equality In The European Court Of Human Rights?, Dr. Rory O'Connell
Michigan Law Review First Impressions
The European Court of Human Rights ("ECtHR") has a distinguished track record. Established under the European Convention on Human Rights 1950 ("ECHR"), it was the world's first international human rights court. It decides thousands of cases every year, and its opinions are cited world-wide. For most of its history, the Court's jurisprudence on equality was uninspiring, as it was based on a formal conception of equality. In recent years, however, the ECtHR has begun to give equality more substantive content.
Transcript: Advocacy Before Regional Human Rights Bodies: A Cross-Regional Agenda, Victor Abramovich, Charlotte De Broutelles, Santiago Canton, Paolo Carozza, Andrew Drzemczewski, Jonathan Fanton, Leonardo Franco, Felipe González, Claudio Grossman, Elizabeth Abi-Mershed, Bahame Tom-Mukirya Nyanduga, Diane Orentlicher, Fatsah Ouguergouz, Diego Rodriguez-Pinzón, Sergio Garcia Ramirez, Manuel Ventura Robles, Pablo Saavedra
Transcript: Advocacy Before Regional Human Rights Bodies: A Cross-Regional Agenda, Victor Abramovich, Charlotte De Broutelles, Santiago Canton, Paolo Carozza, Andrew Drzemczewski, Jonathan Fanton, Leonardo Franco, Felipe González, Claudio Grossman, Elizabeth Abi-Mershed, Bahame Tom-Mukirya Nyanduga, Diane Orentlicher, Fatsah Ouguergouz, Diego Rodriguez-Pinzón, Sergio Garcia Ramirez, Manuel Ventura Robles, Pablo Saavedra
American University Law Review
No abstract provided.
Updates From The Regional Human Rights Systems, Jan Kratochvíl, Kavita Kapur
Updates From The Regional Human Rights Systems, Jan Kratochvíl, Kavita Kapur
Human Rights Brief
No abstract provided.
Updates From The Regional Human Rights Systems, Jan Kratochvíl, Kavita Kapur
Updates From The Regional Human Rights Systems, Jan Kratochvíl, Kavita Kapur
Human Rights Brief
No abstract provided.
Opuz V. Turkey: Europe's Landmark Judgment On Violence Against Women, Tarik Abdel-Monem
Opuz V. Turkey: Europe's Landmark Judgment On Violence Against Women, Tarik Abdel-Monem
Human Rights Brief
No abstract provided.
Updates From The Regional Human Rights Systems, Andrew W. Maki, Whitney Hayes, Daniela X. Cornejo
Updates From The Regional Human Rights Systems, Andrew W. Maki, Whitney Hayes, Daniela X. Cornejo
Human Rights Brief
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Fifty Years Of The European Court Of Human Rights Viewed By Its Fellow International Courts, Paolo G. Carozza
Fifty Years Of The European Court Of Human Rights Viewed By Its Fellow International Courts, Paolo G. Carozza
Book Chapters
Remarks by Paolo Carozza, President of the Inter-American Commission on Human Rights Strasbourg, January 30, 2009
Updates From The Regional Human Rights Systems, Natalie Huls, Sara Ramey
Updates From The Regional Human Rights Systems, Natalie Huls, Sara Ramey
Human Rights Brief
No abstract provided.
Updates From The Regional Human Rights Systems, Natalie M. Huls, Sara Ramey
Updates From The Regional Human Rights Systems, Natalie M. Huls, Sara Ramey
Human Rights Brief
No abstract provided.
Updates From The Regional Human Rights Systems, Jan Kratochvíl, Kavita Kapur
Updates From The Regional Human Rights Systems, Jan Kratochvíl, Kavita Kapur
Human Rights Brief
No abstract provided.
Seeking The Final Court Of Justice: The European Court Of Human Rights And Accountability For State Violence In Northern Ireland, Christopher K. Connolly
Seeking The Final Court Of Justice: The European Court Of Human Rights And Accountability For State Violence In Northern Ireland, Christopher K. Connolly
San Diego International Law Journal
This article examines the impact of the European Court's right to life jurisprudence on the issue of accountability for state violence in Northern Ireland. To date, the initiatives undertaken by the United Kingdom to comply with the European Court's rulings are largely unsatisfactory. Piecemeal institutional reforms aimed at preventing future breaches of Article 2 have failed to fully address the underlying concerns identified by the Court, and domestic right to life jurisprudence has placed significant limitations on the extent to which past violations of the right to life can be dealt with effectively in British courts. The United Kingdom's response …
Law In Times Of War: The Case Of Chechnya, Federico Sperotto
Law In Times Of War: The Case Of Chechnya, Federico Sperotto
Human Rights & Human Welfare
In October 1999 “the second Chechen war” broke out. In December the Russian federal army started an operation to take control of Grozny. During the confrontation between the Federal forces and the Chechen separatists, serious human rights violations occurred. Several cases concerning violations of fundamental rights, in and around the city, have been brought before the European Court of Human Rights against Russia. The lawsuits concerned in particular physical integrity issues. This study provides some insights on the jurisprudence of the European Court on Human Rights in order to ascertain the adequacy of the mechanism of protection provided by the …
Reparations: A Comparative Perspective, Fernanda G. Nicola
Reparations: A Comparative Perspective, Fernanda G. Nicola
Scholarly Articles in Law Reviews & Journals
This article focuses on the treatment of reparations in recent jurisprudence of the European Court of Human Rights (ECHR) and the European Court of Justice (ECJ). In the so-called “prisoner cases,” Assanidze v. Georgia and Ilascu and Others v. Moldova and Russia, the ECHR moved beyond its previously limited approach to reparations by finding that continued detention of the lawsuit applicants would entail a prolonged violation of the Convention for the Protection of Human Rights and Fundamental Freedoms and then asking the States to immediately release the prisoners. The author then turns to ECJ immigration cases Zhu v. Sec’y of …
Updates From The Regional Human Rights Systems, Anna Cabot, Suzanne Shams, Mihir Mankad
Updates From The Regional Human Rights Systems, Anna Cabot, Suzanne Shams, Mihir Mankad
Human Rights Brief
No abstract provided.