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\"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.\"

An exploration of the effects of European Court of Human Rights judgements on national laws, policies and insitutions.

What practical impact does the incorporation of international human rights standards into domestic law have? This collection of essays explores human rights in domestic legal systems. The enactment of the Human Rights Act in 1998, ushering the European Convention on Human Rights fully into UK law, represented a landmark in the UK constitutional order. Other European states similarly have elevated the status of human rights in their domestic legal systems. However, whilst much has been written about doctrinal legal developments, little is yet known about the empirical effects of bringing rights home. This collection of essays, written by a range of distinguished socio-legal scholars, seeks to fill this gap in our knowledge. The essays, presenting new empirical research, begin their enquiry where many studies in human rights finish. The contributors do not stop at the recognition of international law and norms by states, but penetrate the internal workings of domestic legal systems to see the law in action — as it is developed, contested, manipulated, or even ignored by actors such as judges, lawyers, civil servants, interest groups, and others. This distinctly socio-legal approach offers a unique contribution to the literature on human rights, exploring human rights law-in-action in developed countries. In doing so, it demonstrates the importance of looking beyond grand generalities and the hopes of international human rights law in order to understand the impact of the global human rights movement.

El conocido como Convenio de Estambul, ratificado por España y en vigor desde el 1 de agosto de 2014, se erige en el primer instrumento de carácter vinculante en el ámbito europeo en materia de violencia contra la mujer y la violencia doméstica y, en consecuencia, en el Tratado Internacional de mayor alcance para hacer frente a esta grave violación de los derechos humanos. Éste considera responsables a los Estados que por acción u omisión no respondan de manera adecuada al mandato de tolerancia cero con respecto a las violencias –en tanto que discriminaciones estructurales– hacia las mujeres. El Convenio contempla como delito otras formas (que no todas) de violencia hacia éstas, más allá de la propinada en el contexto de pareja, tales como: la violencia física, psicológica y sexual, incluida la violación; la mutilación genital femenina, el matrimonio forzado, el acoso sexual y por razón de sexo, el aborto forzado, y la esterilización forzada entre otras. El objetivo general de este libro es analizar el tratamiento, seguimiento y apuesta jurídica, política e institucional de éstas y otras Violencias de Género –como la trata–, con el objetivo, no sólo de señalar sus deficiencias o bondades normativas y reglamentarias, sino de proponer alternativas de lege ferenda o planes estratégicos sectoriales en su caso, que permitan la efectiva erradicación de esta lacra social conocida como Terrorismo de género. La necesidad de transponer las demandas comprometidas con el Convenio de Estambul –propias del nuevo Derecho antisubordiscriminatorio– y de su impulso nacional a través del Pacto de Estado en materia de violencia de género, compele a abordarlo y a dar respuestas desde la Academia, desde un punto de vista transdisciplinar y bajo la única metodología desde la que se gesta: la metodología de género. [Testo dell'editore]

The comprehensive analysis about the Inter-State Application under the ECHR by Isabella Risini fills a gap in the literature. The study provides an informed proposal to strengthen the protection of human rights in Europe and the role of the Court.

The development of an international human rights jurisprudence on criminalization is in its relative infancy. Nonetheless, systematic examination of international decisions on acts engaging the criminal law reveals an emerging human rights approach to the acceptability, or not, of criminalization. This book provides an in-depth characterization of the reasoning and principles that underpin those decisions. The work builds upon and adds value to existing literature by bringing together two fields of study - international human rights law and criminal theory - that usually receive separate treatment. It provides an in-depth analysis of human rights criminalization jurisprudence and presents a systematic identification of underlying reasoning and concepts that influence international human rights decisions on criminalization. The work thus advances both fields independently, as well as providing an example of inter-(sub)disciplinary analysis. The book will be a valuable resource for academics and students working in the areas of International Human Rights Law, Criminal Law, and Moral Philosophy.

The 1998 arrest of General Augusto Pinochet in London and subsequent extradition proceedings sent an electrifying wave through the international community. This legal precedent for bringing a former head of state to trial outside his home country signaled that neither the immunity of a former head of state nor legal amnesties at home could shield participants in the crimes of military governments. It also allowed victims of torture and crimes against humanity to hope that their tormentors might be brought to justice. In this meticulously researched volume, Naomi Roht-Arriaza examines the implications of the litigation against members of the Chilean and Argentine military governments and traces their effects through similar cases in Latin American and Europe. Roht-Arriaza discusses the difficulties in bringing violators of human rights to justice at home, and considers the role of transitional justice in transnational prosecutions and investigations in the national courts of countries other than those where the crimes took place. She traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. She situates these transnational cases within the context of an emergent International Criminal Court, as well as the effectiveness of international law and of the lawyers, judges, and activists working together across continents to make a new legal paradigm a reality. Interviews and observations help to contextualize and dramatize these compelling cases. These cases have tremendous ramifications for the prospect of universal jurisdiction and will continue to resonate for years to come. Roht-Arriaza's deft navigation of these complicated legal proceedings elucidates the paradigm shift underlying this prosecution as well as the traction gained by advocacy networks promoting universal jurisdiction in recent decades.

Do international court judgments influence the behavior of actors other than the parties to a dispute? Are international courts agents of policy change or do their judgments merely reflect evolving social and political trends? We develop a theory that specifies the conditions under which international courts can use their interpretive discretion to have system-wide effects. We examine the theory in the context of European Court of Human Rights (ECtHR) rulings on lesbian, gay, bisexual, and transgender (LGBT) issues by creating a new data set that matches these rulings with laws in all Council of Europe (CoE) member states. We also collect data on LGBT policies unaffected by ECtHR judgments to control for the confounding effect of evolving trends in national policies. We find that ECtHR judgments against one country substantially increase the probability of national-level policy change across Europe. The marginal effects of the judgments are especially high where public acceptance of sexual minorities is low, but where national courts can rely on ECtHR precedents to invalidate domestic laws or where the government in power is not ideologically opposed to LGBT equality. We conclude by exploring the implications of our findings for other international courts.

This detailed account of ethnic minority politics explains when and how European institutions successfully used norms and incentives to shape domestic policy toward ethnic minorities and why those measures sometimes failed. Going beyond traditional analyses, Kelley examines the pivotal engagement by the European Union, the Organization for Security and Cooperation in Europe, and the Council for Europe in the creation of such policies. Following language, education, and citizenship issues during the 1990s in Latvia, Estonia, Slovakia, and Romania, she shows how the combination of membership conditionality and norm-based diplomacy was surprisingly effective at overcoming even significant domestic opposition. However, she also finds that diplomacy alone, without the offer of membership, was ineffective unless domestic opposition to the proposed policies was quite limited. As one of the first systematic analyses of political rather than economic conditionality, the book illustrates under what conditions and through what mechanisms institutions influenced domestic policy in the decade, preparing the way for the historic enlargement of the European Union. This thoughtful and thorough discussion, based on case studies, quantitative analysis, and interviews with nearly one hundred policymakers and experts, tells an important story about how European organizations helped facilitate peaceful solutions to ethnic tensions--in sharp contrast to the ethnic bloodshed that occurred in the former Yugoslavia during this time. This book's simultaneous assessment of soft diplomacy and stricter conditionality advances a long overdue dialogue between proponents rational choice models and social constructivists. As political requirements increasingly become part of conditionality, it also provides keen policy insights for the strategic choices made by actors in international institutions.

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.