1,721,566 research outputs found
Developing the full range of state obligations and integrating intersectionality in a case of involuntary sterilization : CEDAW Committee, 4/2004, AS v Hungary
No full textIn rewriting the CEDAW Committee's view in ASv Hungary, the author has chosen to enrich these views with relevant elements that were collected among the resources of the broader international human rights protection system. Most of these sources are posterior to the views in AS v Hungary. It should be clear that this exercise is in no way intended to criticize the CEDAW Committee for doing a poor job. Rather, the purpose was to write a text that reflects as accurately as possible the rights that an individual in the position of AS has under international human rights law today, as well as the corresponding obligations of the state authorities
Introduction : rewriting decisions from a perspective of human rights integration
No full textAs a political and ethical project, human rights are one, indivisible and universal. As law however, they are fragmented: found in a multitude of different legal sources, several of which have their own monitoring bodies, each with their own dynamic.
Some scholars have proposed a ‘World Court of Human Rights’ as a means to realize the fundamental unity of the human rights project in international human rights law.1 The present project however, intends to show that even within the current fragmented landscape of international human rights law, it is possible to ‘integrate’ human rights to a significantly higher degree than is generally the case.
The book introduces concrete and innovative proposals for a holistic (‘integrated’) approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The scholars who participated in this project have thus redrafted crucial passages of landmark human rights judgments and decisions. In addition to the rewriting exercise, authors have outlined the methodology and/or theoretical framework that guided their approaches and explained how and why, in their opinion, human rights monitoring
bodies may adopt an integrated approach to human rights law
Procedural protection: an examination of procedural safeguards
No full textThe chapter written by Eva Brems throws light on the often-overlooked phenomenon of hidden procedural safeguards embedded in the substantive Convention rights. In numerous fields of its case law, the Court has in fact added a procedural layer to the scope of substantive Convention rights, by deriving state obligations of a procedural nature from substantive ECHR provisions. The main driver for this development appears to be the wish to make human rights guarantees more effective. The chapter first clarifies the reach of procedural obligations under substantive Convention rights, distinguishing between the requirement that a procedure be available and the more specific procedural guarantees that the Court requires. It goes on to analyse the impact of the ‘proceduralisation’ of substantive rights and the role this plays within the Court’s case law
The 'logics' of procedural review by the European Court of Human Rights
No full textTraditionally, courts adjudicate fundamental rights cases by applying substantive tests of reasonableness or proportionality. Increasingly, however, European courts are also expressly taking account of the quality of the procedure that has led up to a fundamental rights interference. Yet this procedural review is far from uncontroversial. There still is a lack of clarity as to what ‘procedural review’ really means, what its potential for judicial decision-making is, how it relates and should relate to substantive review, and what its limitations are. Featuring contributions from experts in the field, this book is the first in-depth study into procedural review, considering the theoretical and conceptual issues at play, as well as the applicability of procedural review in different legal systems. It will therefore be of great importance to scholars and practitioners interested in fundamental rights adjudication in Europe, judicial reasoning and procedural justice
Evans v UK, three grounds for ruling differently
No full textAs the analysis in this chapter has shown, there are at least three ways in which a different outcome in the Evans -case can be justified. Each of these scenarios relates to one of the steps in the three-step test for addressing conflicts between Convention rights..
Smart human rights integration
No full textThis chapter set out the contours of a concept of 'smart human rights integration', which combines the benefits of both. This does not require a radical departure from existing practices, but rather the systematization of practices of crossreferencing and motivation that are currently uneven....
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