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European convention on human rights law review最新文献

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What’s Cooking? General Measures in the Case Law of the European Court of Human Rights 烹饪什么？欧洲人权法院判例法中的一般措施
European convention on human rights law review Pub Date : 2024-03-26 DOI: 10.1163/26663236-bja10088
Patricia Popelier
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引用次数: 0
Reality Amidst Rhetoric: Implementation of ECtHR Judgments in the UK 言辞中的现实：欧洲人权法院判决在英国的执行情况
European convention on human rights law review Pub Date : 2024-02-28 DOI: 10.1163/26663236-bja10083
M. Amos
{"title":"Reality Amidst Rhetoric: Implementation of ECtHR Judgments in the UK","authors":"M. Amos","doi":"10.1163/26663236-bja10083","DOIUrl":"https://doi.org/10.1163/26663236-bja10083","url":null,"abstract":"\u0000This article concerns the implementation of judgments of the European Court of Human Rights in the United Kingdom. The rhetoric of politicians who object to the Court and raise problems with the implementation of its judgments is contrasted with the reality of implementation. It is shown that the UK is a good international citizen which takes its obligations under the European Convention on Human Rights seriously. Problems with implementation, such as those raised by the prisoner voting judgment, Hirst (No 2), are useful tools for politicians seeking to provoke anti-European sentiment. However, with this judgment now implemented, this strategy is no longer as successful as it once was.","PeriodicalId":472896,"journal":{"name":"European convention on human rights law review","volume":"132 48","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140423668","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Military Operations and Withdrawal From the European Convention on Human Rights 军事行动和退出《欧洲人权公约
European convention on human rights law review Pub Date : 2024-02-23 DOI: 10.1163/26663236-bja10080
Stuart Wallace
{"title":"Military Operations and Withdrawal From the European Convention on Human Rights","authors":"Stuart Wallace","doi":"10.1163/26663236-bja10080","DOIUrl":"https://doi.org/10.1163/26663236-bja10080","url":null,"abstract":"\u0000This comment explores the links between the application of the European Convention on Human Rights (Convention or echr) to military operations and critiques of the Convention in the United Kingdom. It argues strongly against the idea that it is ‘anomalous’ and ‘unprincipled’ to extend the application of the echr to overseas military operations. It also argues that the UK should be capable of discharging basic human rights protections, such as effectively investigating allegations their soldiers have committed murder or torture, without compromising national security. The second section reflects on the consequences of withdrawal. It examines how the application of the echr to military operations has improved the transparency and accountability of the UK Government and offered several tools to secure the ongoing accountability of the Government. It is argued that withdrawal from the Convention would compromise this process of increasing accountability and remove these beneficial tools.","PeriodicalId":472896,"journal":{"name":"European convention on human rights law review","volume":"172 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140438011","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The UK and the echr After Brexit: The Challenge of Immigration Control 脱欧后的英国与欧盟：移民控制的挑战
European convention on human rights law review Pub Date : 2024-02-23 DOI: 10.1163/26663236-bja10079
V. Mitsilegas, Elspeth Guild
{"title":"The UK and the echr After Brexit: The Challenge of Immigration Control","authors":"V. Mitsilegas, Elspeth Guild","doi":"10.1163/26663236-bja10079","DOIUrl":"https://doi.org/10.1163/26663236-bja10079","url":null,"abstract":"\u0000This article examines the challenges that immigration control-related political imperatives in the United Kingdom (UK) have posed for UK compliance with the European Convention on Human Rights (echr) and evaluates the challenges that the UK’s moving away from echr compliance pose for its post-Brexit relationship with the European Union (EU) and its member states. The contribution begins with an examination of the constitutional parameters of UK (non-)compliance with the echr in the field of immigration control and the implications of this for the post-Brexit arrangements with the EU and its member states. The contribution then focuses on substantive immigration and refugee law and the impact of the current situation on asylum transfer co-operation within and outside of the EU. Through these areas, the article examines how EU law has infiltrated the interpretation of the echr with the result of raising standards of protection for asylum seekers and migrants and hampering the exercise of state sovereignty in the field.","PeriodicalId":472896,"journal":{"name":"European convention on human rights law review","volume":"218 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140437856","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
UK Withdrawal From the European Convention on Human Rights: A Disaster for lgbt People 英国退出《欧洲人权公约》：同性恋者的灾难
European convention on human rights law review Pub Date : 2024-02-16 DOI: 10.1163/26663236-bja10082
Paul Johnson
{"title":"UK Withdrawal From the European Convention on Human Rights: A Disaster for lgbt People","authors":"Paul Johnson","doi":"10.1163/26663236-bja10082","DOIUrl":"https://doi.org/10.1163/26663236-bja10082","url":null,"abstract":"\u0000Since the European Convention on Human Rights entered into force in 1953, lesbian, gay, bisexual, and transgender people have consistently sought to utilise it as a means of challenging discrimination against them. In the United Kingdom, various aspects of discrimination on the grounds of sexual orientation and gender identity have been addressed by the European Court of Human Rights. In the context of vehement criticism of the European Court of Human Rights in the United Kingdom, this article explains the vital importance of the United Kingdom remaining a party to the European Convention on Human Rights in order to maintain and develop the protection of lesbian, gay, bisexual, and transgender people from discrimination.","PeriodicalId":472896,"journal":{"name":"European convention on human rights law review","volume":"81 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140454820","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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