homosexuality and the european court of human rights

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Homosexuality And The European Court Of Human Rights

Author : Paul Johnson
ISBN : 9781136218972
Genre : Law
File Size : 59. 23 MB
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Homosexuality and the European Court of Human Rights is the first book-length study of the Court’s jurisprudence in respect of sexual orientation. It offers a socio-legal analysis of the substantial number of decisions and judgments of the Strasbourg organs on the wide range of complaints brought by gay men and lesbians under the European Convention on Human Rights. Providing a systematic analysis of Strasbourg case law since 1955 and examining decades of decisions that have hitherto remained obscure, the book considers the evolution of the Court’s interpretation of the Convention and how this has fashioned lesbian and gay rights in Europe. Going beyond doctrinal analysis by employing a nuanced sociological consideration of Strasbourg jurisprudence, Paul Johnson shows how the Court is a site at which homosexuality is both socially constructed and regulated. He argues that although the Convention is conceived as a ‘living instrument’ to be interpreted ‘in the light of present-day conditions’ the Court’s judgments have frequently forged and advanced new social conditions in respect of homosexuality. Johnson argues that the Court’s jurisprudence has an extra-legal importance because it provides an authoritative and powerful discursive resource that can be mobilized by lesbians and gay men to challenge homophobic and heteronormative social relations in contemporary societies. As such, the book considers how the Court’s interpretation of the Convention might be evolved in the future to better protect lesbian and gay rights and lives.

Russia And The European Court Of Human Rights

Author : Lauri Mälksoo
ISBN : 9781108415736
Genre : Law
File Size : 44. 83 MB
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European Court Of Human Rights

Author : Source: Wikipedia
ISBN : 1233121308
Genre :
File Size : 22. 51 MB
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Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Pages: 29. Chapters: European Court of Human Rights case law, Judges of the European Court of Human Rights, State continuity of the Baltic states, List of LGBT-related European Court of Human Rights cases, List of European Court of Human Rights judgments, List of judges of the European Court of Human Rights, Ann Power, List of ECHR cases concerning existence of political parties, Angelika Nussberger, European Court of Human Rights building, Nicolas Bratza, Relationship between the European Court of Justice and European Court of Human Rights, Robert Reed, Lord Reed, Vincent Evans, Renate Jaeger, Ren Cassin, Jean-Paul Costa, Ay?e I l Karaka?, Margin of appreciation, Arnold McNair, 1st Baron McNair, Alf Ross, Julia Laffranque, Gerald Fitzmaurice, Fran oise Tulkens, Criticism of the European Court of Human Rights, List of ECHR cases concerning legal ethics, Egbert Myjer, Sverre Erik Jebens, Pierre-Henri Teitgen, Josep Casadevall, Christos Rozakis, Antonella Mularoni, Pranas K?ris, Lucius Caflisch, Rolv Ryssdal, D maso Ruiz-Jarabo Colomer, Danut? Jo?ien?, Elisabeth Steiner, P ivi Hirvel, Volodymyr Butkevych, Lech Garlicki, Ineta Ziemele, Peer Lorenzen, Giorgio Malinverni, Bo tjan Zupan?i?, Luzius Wildhaber. Excerpt: State continuity of the Baltic states describes the continuity of the Baltic states as legal entities under international law while under German occupation and Soviet rule from 1940 to 1991. The prevailing opinion accepts the Baltic thesis of illegal occupation and the actions of the USSR are regarded as contrary to international law in general and to the bilateral treaties between the USSR and the Baltic states in particular. The competing maxims of ex injuria jus non oritur and ex factis jus oritur in international law, along with other legal and political considerations, have fueled a fundamental confrontation between the B...

European Court Of Human Rights Implementing Strasbourg S Judgments On Domestic Policy

Author : Dia Anagnostou
ISBN : 9780748670581
Genre : Law
File Size : 65. 15 MB
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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. Dia Anagnostou explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. She 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, Anagnostou goes beyond the existing studies--mainly legal and descriptive--and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.

A Theory Of Interpretation Of The European Convention On Human Rights

Author : George Letsas
ISBN : 0199563888
Genre : Law
File Size : 70. 61 MB
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A Theory of Interpretation of the European Convention on Human Rights provides a philosophically informed study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-American legal, political and moral philosophy, the book aims to provide a normative theory of the foundations of ECHR rights.

Homosexuality In The Jurisprudence Of The Supreme Court Of India

Author : Yeshwant Naik
ISBN : 9783319554358
Genre : Law
File Size : 79. 67 MB
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The book analyses the Indian Supreme Court’s jurisprudence on homosexuality, its current approach and how its position has evolved in the past ten years. It critically analyses the Court’s landmark judgments and its perception of equality, family, marriage and human rights from an international perspective. With the help of European Court of Human Rights’ judgments and international conventions, it compares the legal and social discrimination meted out to the Indian LGBTI community with that in the international arena. From a social anthropological perspective, it demonstrates how gay masculinity, although marginalized, serves as a challenge to patriarchy and hegemonic masculinity. This unique book addresses the lack of in-depth literature on gay masculinity, elaborately narrating and analysing contemporary gay masculinity and emerging gay lifestyles in India and highlighting the latest research on the subject of homosexuality in general and in particular with respect to India. It also discusses several new issues concerning the gay men in India supported by the living law approach put forth by Eugen Ehrlich.

Going To Strasbourg

Author : Paul Johnson
ISBN : 9780198777618
Genre :
File Size : 71. 89 MB
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Since its inception, the European Convention on Human Rights has been a beacon of hope to gay men and lesbians in Europe. Going to Strasbourg: An Oral History of Sexual Orientation Discrimination and the European Convention on Human Rights provides a comprehensive account of how individuals in the United Kingdom have utilized the Convention, by way of making applications to its organs in Strasbourg in order to challenge sexual orientation discrimination. Combining an exhaustive analysis of Strasbourg case law with nineteen unique oral histories of applicants, legal professionals, and campaigners, this book is the definitive history of the role that 'going to Strasbourg' has played in eradicating discrimination and establishing legal equality on the grounds of sexual orientation in the UK.

Human Rights And Civil Liberties

Author : Steve Foster
ISBN : 1405824727
Genre : Civil rights
File Size : 80. 56 MB
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An accessible account of the law of civil liberties and human rights for the undergraduate law student. The text will enable students to appreciate the balancing of human rights with other rights and interests, and to consider the impact and influence of both the Human Rights Act 1998 and the European Convention on Human Rights.

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File Size : 25. 96 MB
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Btec National In Public Services Student Book 2

Author : Debra Gray
ISBN : 043545658X
Genre : Civil service positions
File Size : 75. 26 MB
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Written by experienced lecturers, these two Student Books and Tutor's Resource File provide your students with everything they need to achieve the BTEC National in Public Services - at Award, Certificate and Diploma Level.

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