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Human Rights Monitoring Mechanisms of the Council of Europe
The book studies the human rights monitoring mechanisms of the Council of Europe. It provides an in-depth examination of six such mechanisms: the Commissioner for Human Rights, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (the CPT), the European Committee of Social Rights (the ECSR), the Advisory Committee on the Framework Convention for the Protection of National Minorities (the ACFC), the European Commission against Racism and Intolerance (ECRI) and the Committee of Experts of the European Charter for Regional or Minority Languages (the CECL).
The human rights monitoring mechanisms of the Council of Europe seek to establish a permanent dialogue with governments to encourage them to better implement human rights treaties. They function principally through the use of national reports, on which basis they make recommendations, and may also visit or question states directly. The book looks at each mechanism in turn, discussing their composition, functions and working methods, as well as their relationship with other actors. It includes both a general discussion of the role of European human rights monitoring mechanisms as well as a comparative analysis of these mechanisms. The book aims to provide a clear understanding of the underlying approach of European human rights monitoring mechanisms and the challenges faced by them in terms of effectiveness. It will be useful for practitioners and students alike, especially those following courses in human rights or related fields.
eBook
The European Court of Human Rights
\"Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide ‘rights revolution’. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments. This book explores the domestic execution of the European Court of Human Rights’ judgments and dissects the variable patterns of implementation within and across states. It also relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now. By adopting an inter-disciplinary perspective, this volume seeks to go beyond the existing, mainly legal and descriptive studies and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.\"
eBook
Compliance with judgments of the European Court of Human Rights : states on a spectrum of democratisation
\"What does compliance with judgments of the European Court of Human Rights (ECtHR) look like in states on the spectrum of democratisation? This work provides an in-depth investigation of three such states-Armenia, Azerbaijan and Georgia- in the wider context of the growing 'implementation crisis' in Europe, and does so through a combined lens of theoretical insights and rich empirical data. The book offers a detailed analysis of the domestic contexts varying from democratising to increasingly authoritarian tendencies, which shape the states' compliance behaviour, and discusses why and how such states comply with human rights judgments. It puts particular focus on 'contested' compliance as a new form of compliance behaviour involving states' acting in 'bad faith' and argues for a revival of the concept of partial compliance. The wider impact that ECtHR judgments have in states on the spectrum of democratisation is also explored\"-- Provided by publisher.
BOOK
Judicial Review, Socio-Economic Rights and the Human Rights Act
In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.
eBook
Policing insecurity
Profound distrust commonly characterizes not only the relationship between citizens and state institutions, but also social, as well as inter- and intra-state relations. This impacts the effectiveness and quality of the service provided by state institutions. The degree to which police and judicial reforms are able to generate trust on these fronts is therefore an important yardstick to judge their relevance under varying circumstances of 'post-authoritarian rule', but this question is largely ignored in the current literature on policing and reform. From this perspective, Policing Insecurity: Police Reform, Security, and Human Rights in Latin America suggests an agenda of future reforms for the region, drawing and building upon policing reform experiences throughout the Latin America, looking at issues such as impunity, professionalization, community policing, as well as accountability and training of the police. By explicitly linking issues of state-social trust, democratic transition, human rights, and security, these case studies provide a basis for the wider discussion in the book about prerequisites for the success or failure of police reforms, thus adding to our empirical and theoretical knowledge in these areas and introducing an important dimension to the literature on police reform, security, and human rights.
eBook
The Pilot-Judgment Procedure of the European Court of Human Rights
In The Pilot-Judgment Procedure of the European Court of Human Rights Dominik Haider examines if this recent approach to tackle structural human rights deficiencies in member states is reconcilable with the European Convention on Human Rights.
eBook