Dissertations / Theses on the topic 'European human rights tax law'
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1
Rosenberg, Jennifer. "The penalty fee in the Electricity Certificates Act : in relation to article 6 in the European Convention on Human Rights." Thesis, Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Rättsvetenskap, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-14192.
Abstract:
The government of Sweden encourage the development of electricity produced from renewable sources by maintaining an electricity certificates system in which producers that use renewable sources in their production are given certificates. The system is regulated in the Swedish Electricity Certificates Act (lag (2003:113) om elcertifikat). To prevent fraudulent behaviour a penalty fee is charged upon producers that have recieved certificates due to incorrect or misleading information. The penalty fee can be appealed to a court but under the Electricity Certificates Act it is not allowed to reduce or adjust. The purpose of this thesis is to analyse if the penalty fee in the Electricity Certificates Act meets the requirements of legal certainty in article 6 of the European Convention on Human Rights (the Convention) including right to a fair trial and to be seen as innocence until proven guilty. The method used is analysing applicable sources in accordance with the Swedish legal hierarchy in which laws have the highest value. The Convention is incorporated into Swedish law and has the same legal value as such. Judgments from the European Court of Human Rights on the Swedish tax surcharge are used for guidance on how to interpret article 6 in the Convention. Two cases from Swedish courts concerning the penalty fee are used to find what problems the penalty fee encounters in a legal process. The rules on the penalty fee does not allow adjustments of it and circumstances in each case cannot be taken into consideration, therefore the penalty fee can be charged even when it would be unreasonable and there is a conflict with legal certainty in article 6 of the Convention. For that matter rules on evidentiary issues also has to be implemented. Courts can refuse to use rules which are in conflict with the Convention, but it is concluded that a change in regulation is needed.
2
Varju, Márton. "On divergence in European human rights laws : the European Convention on Human Rights and European community law: a claim of non-divergence." Thesis, University of Hull, 2008. http://hydra.hull.ac.uk/resources/hull:993.
Abstract:
The issue of divergence in human rights protection (adjudication) between the law of the European Convention on Human Rights (ECHR) and European Community/Union (EC/EU) law has been in the centre of academic attention for decades. The position that there are instances of divergence and there is a risk of divergence between the two legal orders has gained authority in academic discourse despite the fact that its premises were subject to challenges on numerous occasions. The claim that human rights protection in EC law is divergent from that under the ECHR appears to suffer from certain shortcomings. First, it is not clear how the divergence claim addresses the question of incommensurability that unavoidably emerges in a comparison of judgments originating from different jurisdictions. Second, the divergence claim has largely eluded to address the quality of flexibility possessed by ECHR and EC human rights law. Both legal orders operate mechanisms of flexibility that enable a treatment of differing human rights solutions other than rejection. In reaction to these problems the present thesis advances the arguments of flexibility and similarity. The flexibility argument holds that the issue of divergence is largely neutralised by the ability of ECHR law (and to a lesser extent of EC law) to react to the problem of divergence flexibly. This entails that the human rights solutions of Community courts could often be accommodated within the flexible framework of ECHR law. The similarity argument provides that the style of human rights protection in ECHR and EC law is similar. The comparison of styles is based on a general system of analysis that aims to avoid the problem of incommensurability. The two arguments are not independent - the success of each argument depends on the availability of the other. The limits of flexibility are found in the requirement of similarity and the impreciseness of the similarity argument is corrected by the potentials inherent in the flexibility argument. On this basis, the relationship between ECHR and EC law could be described as a flexible status of non-divergence.
3
Bodin, de Galembert Noémie de. "European Community and human rights : the antitrust enforcement procedure facing article 6 of the European Convention on Human Rights." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78211.
Abstract:
The Senator Lines' case, currently pending before the European Court for Human Rights, reveals a lack of procedural fairness of the European Antitrust enforcement under the terms of the European Convention for Human Rights. But in spite of a well-established concern for Fundamental Rights from the European Community, the later is still not bound by the Convention.That is why it is critical that the EC accede to the Convention following the example of its branches. Meanwhile, it is necessary to determine whether the Member States could be held responsible for the Community's acts that violate the rights protected by the Convention. That is the question the Court will have to answer in the Senator Lines' case. Nevertheless, the Council Regulation which organises the antitrust enforcement procedure must be reformed in order to ensure an indispensable balance of power.
4
Galip, Bugem. "The European human rights law with emphasis on the Cyprus question : land claims and human rights, arguments before the European Court of Human Rights." Thesis, University of Sussex, 2014. http://sro.sussex.ac.uk/id/eprint/51577/.
Abstract:
This thesis presents a critical analysis of the property rights in terms of Article 1 of Protocol No. 1 (P1-1) of the European Convention on Human Rights (ECHR) to the property conflict in Cyprus. The theme that runs through the paper is whether property disputes in Cyprus have had an impact on the established case law of the European Court of Human Rights (ECtHR). Also addressed is the extent to which Cypriot property claims caused the Court to depart from its traditional approach concerning property rights under the ECHR and whether these cases before the Court have introduced a new aspect to the understanding and interpretation of the protection of property rights in the Convention system, specifically the application of the P1-1 to the Convention. The Court's approach, in its various precedents, in examining property rights within the remit of P1-1 will be compared with the property claims from Cyprus in order to determine the unique and significant character of the Cypriot property cases and to analyse their relationship with the right to property under P1-1 to the ECHR.
5
Dimgba, Nnamdi. "European Community Competition Law procedure and the European Convention of Human Rights." Thesis, University of the West of England, Bristol, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.418422.
Abstract:
This thesis is concerned with the subject of human rights protection in the field of European Community competition law. In particular, it looks at the cOlnpliance of Community competition law procedure with the European Convention on Human Rights. This subject is considered not only interesting but also necessary for at least two reasons. The first is the fact that even though the COlnn1unity is not a party to the Convention, all the Member States are on their own parties to it. These Member States are often saddled with the obligation of implementing Community sanctions on undertakings for violations of the con1petition rules. If the procedure for arriving at those sanctions is not compliant with the Convention, to what extent then could these Member States assist in enforcing the sanctions in keeping with their obligations under Community law, and still operate within their obligations under the Convention? The second is the fact that undertakings consistently raise Convention points and defences even before the Comn1unity Courts, notwithstanding the fact that the Community is not a party to the Convention. To what extent then are they entitled to do so? The answer must be tied to the question of the extent to which the Convention is a part of Community law. At the root of the whole problem are the enormous and multiple responsibilities which the Commission dispenses in the enforcement of cOlnpetition law. These responsibilities are considered, at least by both undertakings and commentators, to be quite contradictory in the sense that the Commission adorns different garbs such as that of policy-making, investigation, prosecution and decisionmaking, almost simultaneously. This thesis discusses these issues. It calls for a major change to the way competition law is enforced in the Comn1unity. This major change is to comprise of two components, an external and an internal one. Externally, it calls for the Community's accession to the European Convention on Human Rights, in order to bring the Community institutions, including the Courts, to the supervisory control of the European Court of Hmnan Rights. This would, at least symbolically, raise the overall level of hun1an rights protection in competition law. The internal component would consist of breaking the cumulative powers of the Commission and the transfer of first instance decision-making power to a judicial organ, either to the Court of First Instance, or to a court to be specially set up for competition law. This last component would raise, not just symbolically, but also in real terms, the level and perception of human rights protection in Community competition law procedure.
6
Peresztegi, Agnes. "Compensation for human rights violations against Hungarian Jewry." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=20543.
Abstract:
There is no comprehensive monograph dealing with the complex legal issues of compensation for the damage done to European Jews by the Nazi regime. The purpose of this thesis is to set forth and analyze the political and legislative means employed by the Hungarian Government to settle human rights claims brought by Hungarian Jewish citizens and Jewish organizations arising from Hungarian legislation discriminating against Jews, and from the nationalization and confiscation of property by the former communist regime in Hungary. The thesis also examines the German compensation system as it applies to Hungarian Jewish citizens.
7
Leino-Sandberg, Päivi. "Particularity as universality : the politics of human rights in the European Union /." Helsinki : Erik Castrén Institute of International Law and Human Rights, 2005. http://ethesis.helsinki.fi/julkaisut/oik/erikc/vk/leino-sandberg/particul.pdf.
8
Storey, Hugh Henry. "Human rights and problems of immigration law : a study of the European Convention on Human Rights." Thesis, University of Leeds, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.413083.
9
Christou, Theodora A. "Justice and trust : the European Arrest Warrant and human rights." Thesis, Queen Mary, University of London, 2013. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8380.
Abstract:
This thesis considers the relationship between human rights and the principle of mutual recognition as applied in criminal matters. It examines the impact of the European Arrest Warrant (EAW) on human rights and highlights the importance of human rights for the success of mutual recognition measures. Having embarked on the mutual recognition programme, on the basis of largely theoretical presumptions, an attempt by the EU to reposition human rights and to ensure that a genuine area of justice exists for all, can be witnessed through recent Directives on defence rights,. This research addresses the scope and method of human rights protection with focus on the implementation of the EAW. In the first part, mutual recognition and the EAW are defined. The second part considers the practical effect of the EAW on human rights, setting out the ECHR minimum standards and the extended EU scope. The third part evaluates the defence measures adopted to date by the EU under the Stockholm Roadmap. The final part summarises the main research findings which show that human rights are key to promoting mutual trust. The scope of some rights has already been extended and reinforced by the Charter of Fundamental Rights or the EU defence rights measures. The thesis argues that the best method for reinforcing these rights in practice is a tripartite collaborative approach between the EU, Member States and the Council of Europe. In order to address the tension between human rights and mutual recognition, work needs to continue beyond adoption of the Stockholm measures. It requires genuine commitment on the part of the EU institutions and Member States for the necessary amendments, adoptions, implementation and human rights protection to take place and be reflected in practice.
10
Walz, Alexa. "The human rights responsibilities of host states in relation to child marriages involving refugees, a study of European responses to the European refugee crisis." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31301.
Abstract:
Child marriage is defined as a marriage or informal union in which one of the spouses is under the age of 18. It is a widespread form of gender-based violence rooted in gender inequality, religious and cultural beliefs, and traditions. The practice is often associated with poverty, lack of education, domestic violence, and early pregnancy which entails serious health implications for girls. In times of armed conflict, child marriage frequently occurs as a coping strategy due to an increase of poverty and security threats. Ongoing crises in the Middle East and Africa have brought hundreds of thousands of refugees to Europe. Among them are hundreds of minor married girls, and European states are often unsure how to deal with them. This thesis aims to identify state obligations under international and European regional human rights law and refugee law. It finds that international human rights documents seek to eliminate child marriage through criminalisation of the practice but fail to determine a minimum age of marriage. International refugee law recognises child marriage as an asylum ground but does not stipulate binding provisions regarding family unity with the girl’s parents or her husband. Analysis of European law shows that the approach adopted by the Council of Europe corresponds with UNHCR guidelines, including a broad understanding of family. The European Union, on the other hand, follows a more restrictive way, excluding married minors from family reunification with their parents and preventing them from reunification with their spouse until a certain age. Several European states have tightened their laws and no longer recognise any child marriages concluded abroad. This paper argues that this narrow approach ignores the need for a case-by-case assessment and thus violates international standards of child protection, particularly the best interests principle.
11
Holtz, Catarina. "Due process for industrial property : European patenting under human rights control." Doctoral thesis, Handelshögskolan i Stockholm, Rättsvetenskap (RV), 2003. http://urn.kb.se/resolve?urn=urn:nbn:se:hhs:diva-1417.
12
Bénichou, Delphine. "Le conseil constitutionnel, juge fiscal." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0007.
Abstract:
Le Conseil constitutionnel a largement déjoué toutes les prévisions du constituant dans le champ particulier de la législation fiscale. Bien qu’il ne soit pas juge de l’impôt par destination de la loi, il a réussi à s’imposer comme protecteur – désormais incontournable – des droits et intérêts du contribuable, affirmant tant sa place singulière que sa différence irréductible. Cette position il ne la doit pas – du moins pas uniquement – à l’intensité remarquable et remarquée du mouvement de constitutionnalisation qui a affecté le droit fiscal ces 30 dernières années. Il la tire avant tout du lien puissant et fait d’utilités réciproques qui l’unit à sa propre jurisprudence fiscale. Se servant des litiges fiscaux pour parfaire et dynamiser son contrôle de constitutionnalité, les spécificités du contentieux fiscal constitutionnel lui ont permis de se construire comme la source d’autorité que chacun connaît – salue ou regrette – aujourd’hui, tant dans l’ordre interne que dans l’ordre externeThe Constitutional Council largely thwarted all the constituent's predictions in the particular field of tax legislation. Although he is not a tax judge by law, he has succeeded in establishing himself as protector – now essential – of the rights and interests of the taxpayer, affirming both his singular place and his irreducible difference. He does not owe this position – at least not solely – to the remarkable and noted intensity of the constitutionalization movement which has affected tax law over the last 30 years. It draws it above all from the powerful link made up of reciprocal utilities which unites it to its own tax jurisprudence. Using tax litigation to perfect and energize its control of constitutionality, the specificities of constitutional tax litigation have allowed it to build itself as the source of authority that everyone knows – welcomes or regrets – today, both in the internal order than in the external order
13
Jaffer, Taskeen. "Women’s rights are human rights – a review of gender bias in South African tax law." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/80447.
Abstract:
The role of taxation in gender inequality is something that is perhaps not considered earnestly enough. Both in South Africa and within the context of global initiatives such as the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Sustainable Development Goals (SDG) which are aimed at eradicating all forms of gender-based discrimination, the importance of understanding the gender consequences of tax policy, whether intended or not, should not be underestimated.
This study seeks to identify whether or not there are any instances where South Africa’s personal income tax laws have an effect which is potentially inconsistent with both the Constitutional right to equality between genders and international gender equality agreements to which South Africa is bound, namely the CEDAW and the SDG. In doing so, determine whether South Africa’s personal income tax legislation should become a focal point in this regard and be one of the pillars that could further be used as a means to uphold and further the cause of substantive gender equity.Mini Dissertation (MCom (Taxation))--University of Pretoria, 2020.
pt2021
Taxation
MCom (Taxation)
Unrestricted
14
Goss, Ryan Allan. "Rethinking Article 6 : the criminal fair trial rights case law of the European Court of Human Rights." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:ca24a337-7cde-4fa0-aee6-4f79d9076b94.
Abstract:
This thesis is a critique of the European Court of Human Rights’ case law on the right to a fair trial in criminal cases. It is the result of a focussed and extensive survey of Article 6 case law, and, unlike other work on Article6, does not analyse each component right of Article 6 one-by-one. Instead, the thesis considers ‘cross-cutting’ themes common to all, or many, of the Article 6 component rights: how the Court interprets Article 6, how the Court sees its role in Article 6 cases, how the Court approaches Article 6’s internal structure, the Court’s implied rights jurisprudence, and how the Court assesses alleged Article 6 violations. In considering how the Court assesses alleged violations of Article 6, the thesis charts the Court’s attempts to solve ‘the puzzle of Article 6’: how should violations of Article 6 be assessed in the absence of an express metaprinciple? In this regard the thesis examines notions such as the proceedings as a whole test, counterbalancing and defect-curing, the ‘never fair’ jurisprudence, and the extent to which the public interest may justify restrictions on Article 6. The thesis uses a rule of law framework to test the Article 6 case law for its ability to provide guidance to citizens, lawyers and officials. It argues that the case law is marked by considerable uncertainty, inconsistency, and incoherence, with the result that the ability of that case law to provide guidance is significantly undermined. Indeed, the thesis establishes that there is inconsistency and uncertainty within the various tools and approaches used by the Court, and that there is significant incoherence between those approaches. To the extent the thesis makes a normative argument, it constitutes a robust and targeted call for the Court to adopt in this area of law a renewed, rejuvenated approach that is more consistent, more coherent, and better explained.
15
Bjorge, Eirik. "A theory of national application of the European Convention on Human Rights." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:886adfa8-c036-415c-9268-cc1f828792a5.
Abstract:
This study seeks to flesh out a theory of national application of the European Convention on Human Rights (ECHR). It does so by seeking to provide an answer to the research question, ‘what is the proper role of the domestic courts in the application of the European Convention?’ By relying upon the examples of French, German, and UK law, the study argues that it is not true in descriptive terms, nor desirable in normative terms, that the domestic courts take an approach to the ECHR based upon friction and assertion of sovereignty. This study argues instead that domestic application of the ECHR is built on the attainment of certain aims. These aims are inferred, in the main, from the domestic courts’ jurisprudence, such as it relates to four central ECHR doctrines, and they are: the doctrines of evolutionary interpretation; proportionality; the margin of appreciation; and autonomous concepts. On the basis of an analysis of this jurisprudence, the four aims are identified as being, first, honouring the principle of pacta sunt servanda; secondly, the safeguarding of human rights based upon the insight that human rights are a paramount good to be pursued; thirdly, the aim of positive, as opposed to negative, rights diversity; and, fourthly, the aim that conclusions reached on the domestic level of one state must be capable of being universalized. The approach of the domestic courts to the application of the ECHR can be explained on the basis of the domestic courts’ wish to attain these four aims. The proper role played by the domestic courts, the study argues, is one in which they are willing to give a lead to Strasbourg as well as to be led, in both, to use the wording of the Preamble of the ECHR, ‘the maintenance’ and in the ‘further realisation’ of the Convention rights.
16
FELD, Leonard. "From soft law to hard law : the concept and regulation of human rights due diligence in the EU legal context." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74341.
Abstract:
Defence date: 14 March 2022Examining Board: Professor Stefan Grundmann (Humboldt University Berlin); Professor Mathias Siems (European University Institute); Professor Karin Buhmann (Copenhagen Business School); Professor Robert McCorquodale (University of Nottingham)
This dissertation examines the concept of human rights due diligence (HRDD) under international soft law and its transposition into business regulation, with a particular focus on the European Union context. It traces the evolution of HRDD – starting from the work of the United Nations to the recent contributions of the Organisation for Economic Cooperation and Development. The inquiry finds that HRDD is a concept of remarkable depth, whose features make it suitable to address human rights abuse in the globalised economy. Yet, there are also a number of practical and conceptual concerns. For instance, it is argued that the concept of HRDD features a high level of abstraction, which leads to ambiguities at the stage of implementation. In view of these findings, the transposition of HRDD into business law provides an opportunity, not only to build on the strengths of the concept, but also to counter some of its weaknesses. In addition, the thesis addresses two questions of international law concerning, first, the legality of HRDD legislation in view of its extraterritorial implications and, second, the relationship between relevant legal acts and the duties of states under international human rights law. It is held that regulators enjoy considerable leeway under international law to facilitate or require HRDD even beyond their own borders. Yet, states are presently under no international obligation to regulate HRDD processes – even though new developments are in sight. Finally, drawing on the findings of this research, the dissertation reviews Directive 2014/95/EU and Regulation (EU) 2017/821 as two precedents of HRDD legislation in the European Union. The two legal acts pursue very different strategies to promote HRDD processes with, it is argued, a varying degree of success. Through these assessments, the thesis provides a set of recommendations that may inform the transposition of the concept into business law.
17
Evans, Carolyn. "Freedom of religion or belief under the European Convention of Human Rights." Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.313453.
18
Sweeney, James Anthony. "Margins of appreciation, cultural relativity and the European Court of Human Rights." Thesis, University of Hull, 2003. http://hydra.hull.ac.uk/resources/hull:3557.
Abstract:
This thesis is about establishing a balance between universal human rights and particular cultures or local conditions. It examines the universality debate with reference to the "margin of appreciation" in the jurisprudence of the European Court of Human Rights, in particular from the end of the Cold Wax when new Contracting Parties from central and eastern Europe came under the Court's jurisdiction.The thesis considers that analysis of these issues must not be parochial. In Part One the universality debate in international human rights law is therefore examined in detail. It is argued that universal human rights do not require absolute uniformity in their protection - even universal human rights are necessarily and defensibly qualified. In order to link the margin of appreciation to this universality debate its evolution, operation and the factors which underpin it are also clarified in Part Two. It is demonstrated that the margin of appreciation has evolved from a concession to states into a methodology for demanding ever greater justifications for their limitations upon human rights. In doing so the margin permitted accords with the defensible level of local qualification to human rights already identified.Part Three tests these conclusions against original analysis of recent case law, showing that the Court has been responsive to the differing needs of the new Contracting Parties. The Court had evolved a coherent and defensible approach to cases that have raised complex localised issues, and has maintained this even since its jurisdiction expanded. Whilst allowing modulation of European human rights protection according to local characteristics, use of the margin of appreciation does not amount to cultural relativism even in the expanded Council of Europe.
19
Wintemute, Robert. "Sexual orientation discrimination and constitutional human rights law : the United States Constitution, the European Convention on Human Rights, and the Canadian Charter of Rights and Freedoms." Thesis, University of Oxford, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.334152.
20
Engström, Amanda. "A Human Right to Die? : The Legality of Euthanasia under the European Convention on Human Rights." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-86496.
21
Seyranov, Khamis. "Literature review on Precedent law of the European Court on Human Rights." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-22785.
Abstract:
This review is an attempt to analyze the published materials on precedent law of the European Court on Human Rights. The article analyzes the case law activity by the European Court on Human Rights, its influences on national legal systems. The precedent law of the European Court on Human Rights is one of the complicated issues, because there is not general theoretical view on it. The precedent law of the Court is developing and gains new features. The Court uses its previous consequences in previous decisions on a subsequent case as a precedent norm. The Court creates a case law system that influences legal reforms in national legal order.
22
Kinley, Davd William. "Legislative compliance with the European Convention on Human Rights in the United Kingdom." Thesis, University of Cambridge, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.277863.
23
Nordlund, Alexandra. "Locus Standi in Climate Change Cases Before the European Court of Human Rights." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-94743.
24
Overmeyer, Nina. "Domestic Violence as a Violation of the European Convention on Human Rights : The Application of Articles 3 and 8 by the European Court of Human Rights in Cases Concerning Domestic Violence." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-94621.
25
Williams, Andrew Trevor. "Human rights and the European Union : the irony of a bifurcated narrative." Thesis, University of Warwick, 2002. http://wrap.warwick.ac.uk/59430/.
Abstract:
Human rights remain an ambiguous and complex subject in the European Union. Although the instances of policies involving human rights issues have attained an increasing presence over the past thirty years there has been an institutional reluctance to mould a unified human rights policy worthy of the name. However, the EU's human rights practices have not been constructed in a wholly random way. They have evolved within discrete policy realms along coherent narrative lines. Specifically they have followed a bifurcated pattern. Internally, human rights are contingent. They are often referred to as "fundamental rights" signifying an underlying conception that owns a restricted definition based on a distinct European heritage. Scrutiny is erratic even casual. Enforcement is left to the Courts and other agencies. Externally, the story is different. Human rights are broad in concept. Collective notions of rights are adopted. Scrutiny can be intrusive and effective. Systems of enforcement, increasingly severe in scope and strength, have been applied. Despite the extent of this internal/external bifurcation, little academic or institutional attention has been paid to the subject. This thesis attempts to rectify the omission. In analysing the history of the EU's human rights stories, it details the extent of the bifurcation phenomenon and reveals the genesis of its central discriminatory practice. It claims that by failing to address human rights in its early period other than in mythical terms the EU's discourse provided an environment whereby rights became implicated in the representation of European identity as superior and non- Europe as morally and ethically deficient. EU human rights practice developed with this key understanding imbedded in its narrative structure. A sense of irony, provoked by double-standards and discrimination, thus accompanies the EU's rights discourse rendering the EU's role in rights action suspect and the prospects for one unified policy remote.
26
GATTO, Alexandra. "The responsibility of multinational enterprises for human rights violations in European Union law." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7018.
Abstract:
Defence date: 18 June 2007Examining Board: Prof. Francesco Francioni, (EUI) ; Prof. Marise Cremona, (EUI) ; Prof. Enzo Cannizzaro, (University of Macerata) ; Prof. Olivier De Schutter, (Catholic University of Louvain)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis addresses the question as to how the European Union can ensure that EU based MNEs respect human rights when operating in third countries. Firstly, it identifies primary obligations on MNEs as developed by international law in order to tackle the above question. Secondly, on the basis of this theoretical framework it investigates how the European Union has acted to promote respect of human rights obligations by MNEs which are based on the territory of one of its Member States. Thirdly, the gap between the EU’s commitment to the respect and promotion of human rights, the potential to regulate the conduct of MNEs and the EU’s reluctance to impose human rights obligations on MNEs is explored. It is suggested that current human rights law should develop in the sense of considering companies as duty holders, together with States and other non-state actors, for the realisation of human rights. Moreover, a principle of graduation of responsibility is applied to MNEs, according to the specific human right involved, the proximity to the victim and the element of State authority exercised by the company in a particular situation. The above depicted graduation of responsibility (from the obligation to respect, to the obligation to promote human rights) should be matched by a graduation of corresponding implementing mechanisms. Applying this theoretical framework to the EU, three main recommendations have been formulated. Firstly, the EU should more firmly link the promotion of MNEs’ human rights obligations to international human rights law and support the constitution of an international law framework within the UN. Secondly, the EU should promote MNEs’ human rights obligations within the limits of its competence, both at the international and at an external level. It has been argued that a proactive attitude in this respect would not require the acquisition of new powers, but simply the recognition of a functional competence on the basis of Article 6 TEU in taking positive (and not merely negative) steps for the promotion of human rights in the areas of its competence occurring in international law and the international framework for MNEs’ responsibility. Finally, the EU should not abandon the option of exploring non-binding and incentive measures, both at the international and external levels, to be encouraged as a viable complement to binding measures.
27
Michels, Mia-Maria. "To what extent does the European recast Qualification Directive protect refugee women seeking asylum on the basis of gender-related claims?" Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9178.
Abstract:
Includes bibliographical references.The Qualification Directive intended to achieve the harmonization of the asylum determination procedures among European states. The Qualification Directive introduced minimum standards for the determination of asylum claims, aiming at equal outcomes in decision-making processes, especially on first instance levels. While all member states had to change their national legislation to comply with the provisions of this Directive, they were allowed to adopt more favorable legislation. However, after a period of four years and an assessment of the situation, it became clear that the Qualification Directive failed its goal at least partly, since imbalances in asylum determination processes still existed. These resulted in immense differences in recognition rates of same country nationals in European states, despite the goal of the concept to reach uniform standards. The cause was said to be insufficient guidance coming from the Qualification Directive for the decision-making authorities. Consequently, the European Commission adopted a recast Qualification Directive in 2011. It demanded national legislation to be adapted accordingly by the 21st of December 2013. The international refugee regime is governed by the 1951 Convention Relating to the Status of Refugees (hereinafter 1951 Convention). Being a party to that Convention is a prerequisite for joining the EU. Thus all European states are bound by the obligations arising from the 1951 Convention. Consequently, the recast Qualification Directive is “based on the full and inclusive application” of the 1951 Convention. Nonetheless, due to the development of international human rights law, in terms of the protection of women’s rights, it is evident that the 1951 Convention lacks sufficient clarification and guidance for asylum claims arising from women’s experiences of traditional harmful practices. Those harmful and discriminatory practices comprise for example forced marriage, female genital mutilation, domestic violence including rape, China’s one child policy and the risk of forced sterilization emerging in this context as well as in others, traditional dress codes, dowry burning or honor killings. This list is not meant to be exhaustive, since women might be subjected to several other norms, customs, rules or policies, which they try to escape from and base their asylum claims on. Asylum claims that deal with these forms of harm are often referred to as gender-related asylum claims. However, under the refugee definition of the 1951 Convention a specific ground of ‘gender’ or ‘sex’ is missing.
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Chembezi, Gabriel. "Traditional justice and states' obligations for serious crimes under international law: an African perspective." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1047_1361197710.
29
Arai, Yutaka. "The margin of appreciation doctrine in the jurisprudence of the European Convention on Human Rights." Thesis, University of Cambridge, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.326635.
30
Luteran, Martin. "Some Issues Relating to Proportionality in Law and Ethics, with Special Reference to European Human Rights Law." Thesis, University of Oxford, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.517226.
31
Richardson, Russell Mark. "A comparative examination of the protection of individual rights in the European Community leading towards th creation of a European administrative system." Thesis, Anglia Ruskin University, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.297650.
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Leonaitė, Erika. "Principle of Proportionality in the Case Law of the European Court of Human Rights." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2013. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2013~D_20130925_093005-25212.
Abstract:
The dissertation explores the principle of proportionality as an instrument deriving from the notion of "democratic society" and applied by the European Court of Human Rights (ECtHR) in order to establish whether national institutions succeeded in striking a fair balance between the conflicting Convention rights or between competing individual and public interests. In the first chapter, after presenting the origins of the principle, the development of a three-tiered proportionality test and its dissemination, the main parameters relevant for the analysis of this principle are identified and the main issues of academic discussion concerning the application of proportionality by the ECtHR are revealed. The second chapter explores the evolution of the application of the proportionality principle in the case law of ECtHR and reveals the main features of proportionality test as applied in the early practice of Convention institutions. The third chapter deals with the interaction of the principles of proportionality and subsidiarity, in particular examining the impact of margin of appreciation doctrine upon the proportionality assessment conducted by the ECtHR and analysing the contents and interplay of the factors determining the width of the margin of appreciation. The forth chapter explores both commonalities and peculiarities of the application of proportionality principle in the context of different Convention rights and exposes the main criteria relevant to the balancing... [to full text]Disertacijoje nagrinėjama proporcingumo principo, kaip iš demokratinės visuomenės idėjos kylančio instrumento, Europos Žmogaus Teisių Teismo (EŽTT) pasitelkiamo siekiant nustatyti, ar nacionalinės institucijos išlaikė teisingą pusiausvyrą tarp konkuruojančių Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos (Konvencijos) ginamų teisių ar tarp Konvencijos teisių ir viešų interesų, sampratos ir taikymo praktikos problematika. Pirmoje disertacijos dalyje, aptarus proporcingumo principo kilmę, trinario proporcingumo tyrimo modelio susiformavimą ir sklaidą, apsibrėžiami svarbiausi proporcingumo tyrimui reikšmingi parametrai ir atskleidžiama EŽTT taikomo proporcingumo principo sampratos problematika mokslinėje literatūroje. Antroje dalyje nagrinėjama proporcingumo principo taikymo EŽTT praktikoje raida ir plėtra, identifikuojami pagrindiniai ankstyvojoje Komisijos ir Teismo praktikoje taikyto proporcingumo testo bruožai. Trečioje dalyje tiriama proporcingumo principo sąveika su subsidiarumo principu, atskleidžiamas vertinimo laisvės doktrinos poveikis EŽTT atliekamam proporcingumo vertinimui, tiriami vertinimo laisvės apimtį lemiantys kriterijai ir jų sąveika. Ketvirtoje dalyje analizuojama proporcingumo principo taikymo praktika skirtingų Konvencijos ginamų teisių kontekste, atskleidžiant tiek bendruosius principo taikymo bruožus, tiek ir Teismo taikomos priežiūros intensyvumo nulemtus proporcingumo testo ypatumus. Paskutinėje dalyje EŽTT taikomas balansavimu grindžiamas... [toliau žr. visą tekstą]
33
Wollmer, Anna. "International refugee law and the common European asylum system : Conformity or human rights violation?" Thesis, Uppsala universitet, Juridiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-233208.
34
Karvounakis, Theodosios. "Fair criminal evidence in Europe : from the European Convention on Human Rights to EU criminal law." Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/3370.
Abstract:
The goal of the thesis is to explore how a concept of fair criminal evidence in Europe can be utilised by the EU in its further steps of integration in the area of European Criminal Law. The answer to this question presupposes that there is indeed such a concept and the exploration can be further split in two questions. Which are the characteristics of a concept on evidential fairness in Europe? Which are the applications of this concept in EU Criminal Law? As far as the characteristics of such a concept are concerned, it is argued that fairness in evidential matters in a European level comes into existence in the realm of the Council of Europe. Article 6 of the European Convention on Human Rights is presented as evidence-‐relevant, while the context of Strasbourg’s case law is proposed as the right platform for finding the material needed for the distillation of the principles of evidential fairness. In relation to the second question, the interest moves into the European Union and the evidential matters in the context of judicial cooperation in criminal matters. More specifically, it is discussed how the findings about a fair criminal evidence concept apply to the judicial cooperation in criminal evidence in EU level. By the term ‘applying’ it is meant the testing of two different conditions; firstly, if the principles adopted are already followed in practice, and to what extent, and secondly, how they can improve and adjust the existing system. In this process the key role of mutual recognition’s character is demonstrated and particular amendments to existing and future legislative instruments such as the European Evidence Warrant and the European Investigation Order are proposed.
35
Jerlström, Matilda, and Evelina Olsson. "Pre-trial detention : The compatibility of the Swedish Regulation with the European Convention on Human Rights." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76582.
36
FALCETTA, SILVIA. "JUDICIAL INTERPRETATION, HUMAN RIGHTS, SEXUAL ORIENTATION: A SOCIO-LEGAL STUDY OF THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS." Doctoral thesis, Università degli Studi di Milano, 2016. http://hdl.handle.net/2434/454719.
Abstract:
The contemporaneity has been famously defined as “the age of rights” (Bobbio 1995), and the logic of rights has become “the principal language that we use in public settings to discuss weighty questions of both right and wrong” (Glendon 1991, 63). If human rights give voice to minorities and marginalized groups in society, and they can do so with powerful legal and symbolical resources, the tendency to frame almost every social conflict in terms of a clash of rights also favours absolute formulations and the activation of judiciary.Under such premises, this dissertation provides a qualitative socio-legal analysis of the jurisprudence on sexual orientation of the European Court of Human Rights.
More in detail, I focus on the arguments produced by the judges, and I analyze the legal controversies, the normative framing, the social perspectives, and the moral standpoints that orient the interpretation of the European Convention on Human Rights.
The aim is twofold; on one hand, I investigate how the aforementioned arguments influence the evaluation, the acceptance, or the refusal of claims grounded on sexual orientation. On the other, the purpose is to critically engage in the asserted neutral character of judicial reasoning, in order to reveal the clash of perspectives underpinned to the interpretation of human rights.
37
Maxwell, Douglas. "Rights to property, rights to buy, and land law reform : applying Article 1 of the First Protocol to the European Convention on Human Rights." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/285096.
Abstract:
This dissertation examines the application and effect of Article 1 of the First Protocol to the ECHR in relation to Scots land law reform. Chapter one will reflect on why existing rights to property have come to be challenged. Chapter two sets out the human rights paradigm and scrutinises what rights and whose rights are engaged. Chapter three traces the development of A1P1. Chapter four applies the human rights paradigm to contemporary reforms. Chapter five considers the broader effect A1P1 has had on domestic property law. This dissertation submits that the problem to be overcome is that, in many instances, Scots land law reform has been reduced into a simplistic struggle. A1P1 has been held up as either a citadel protecting landowners or as an ineffective and unjustified right to be ignored. At the core of this debate are competing claims between liberal individualist rights to property and socially democratic, egalitarian goals. This dissertation argues that it is important to move beyond this binary debate. This is not about finding some mysterious "red card" or eureka moment that conclusively shows compatibility or incompatibility. Instead, compatibility will be determined by following a rule-based approach that values rational decision-making and the best available evidence, as well as the importance of democratic institutions. As such, it will be illustrated how future challenges are likely to focus not on the underlying purpose of land law reform but on the macro or micro granularity of Ministerial discretion. In coming to this conclusion, it will be argued that A1P1 has a pervasive influence on the entire workings of all public bodies and, like a dye, permeates the legislative process.
38
Jovanović, Marija. "Human trafficking, human rights and the right to be free from slavery, servitude and forced labour." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:438dfa89-492c-4882-b882-8f21a0f60e9e.
Abstract:
The thesis engages with a dynamic discourse on the human rights approach to human trafficking. Building on the traditional doctrine of human rights, the thesis demonstrates that human trafficking is not a human rights violation, save for a state involvement in it, either directly or through a failure to observe its positive obligations imposed by the existent human rights. In situations that do engage human rights law, the thesis defends an argument that conceptually, human trafficking falls within a domain of the right to be free from slavery, servitude and forced labour. This argument is grounded in both a doctrinal and a conceptual analysis. In particular, the thesis conducts a unique conceptual and legal analysis of Article 4 of the European Convention of Human Rights offering an original interpretation of the concept of exploitation in the context of practices associated with trafficking and 'modern slavery'. This type of inquiry is missing in the existent scholarship. The thesis also conducts a detailed analysis of the jurisprudence of the European Court of Human Rights on positive obligations to protect vulnerable individuals arising out of 'absolute' rights. In addition to providing a complete analysis and classification of these positive obligations, the thesis draws attention to the important difference between the scope of the right and the scope of state responsibility in situations of private infringements of 'absolute' rights. Accordingly, the thesis demonstrates that whereas the prohibition contained in these rights is absolute for the state, positive obligations in situations of their infringements by private individuals are of a limited scope. The analysis of the jurisprudence of the Strasbourg Court is supplemented by a comprehensive discussion of the obligations established in the trafficking-specific instruments. The thesis explains how victim protection provisions contained in these instruments may inform human rights obligations, yet, it demonstrates that these do not represent such obligations on their own. This analysis provides a roadmap for practitioners and activists when arguing cases before the Strasbourg Court and domestically. In addition to this practical dimension, the thesis intends to provide an important contribution to the scholarship on human rights law, and on human trafficking specifically.
39
Özsoy, Sule. "Measuring compatibility with the European Convention on Human Rights : the Turkish example in a free speech context." Thesis, University of Essex, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.275855.
40
Örneland, Ellen. "The Principle of Making an Ex Nunc Examination : Risk Assessments at the European Court of Human Rights." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-61210.
41
Lindfelt, Mats. "Fundamental rights in the European Union - towards higher law of the land? a study of the status of fundamental rights in a broader constitutional setting /." Åbo : Åbo Akademi University Press [etc.], 2007. https://oa.doria.fi/bitstream/handle/10024/4235/LindfeltMats.pdf?sequence=1.
42
Weiß, Norman. "Oddni/ Mjöll Amardöttir, Equality and Non-Discrimination under the European Convention on Human Rights / [rezensiert von] Norman Weiß." Universität Potsdam, 2004. http://opus.kobv.de/ubp/volltexte/2011/5570/.
Abstract:
rezensiertes Werk:
Amardöttir, Oddni Mjöll: Equality and Non-Discrimination under the European Convention on Human Rights (International Studies in Human Rights, Nr. 74). - Den Haag : Kluwer Law International. -2003, 265 S.
ISBN: 90-411-1912-4
43
Vasiliu, I. V. "Viable project or wishful thinking? The European Union (EU) policy in the fight against terrorism : quest for strong human rights safeguards and enhanced security." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:14740ab1-afff-43fb-ba8b-6a0eea7d228f.
Abstract:
This thesis examines whether and how the EU counter-terrorism (CT) policy reconciles the demands of security with adequate protection of human rights. It starts from the assumption that human rights and security are mutually reinforcing and interdependent objectives in the CT fight where the erosion of one objective leads automatically to negative consequences in respect of the other objective. It specifically argues that the reconciliation of these two objectives has to be addressed at two distinct levels: first, in the framework of the EU primary law and, second, in the content of each EU CT provision. Consequently, the thesis examines both levels in order to respond to the research question. In the course of this investigation, the research has demonstrated that the legal framework resulting from the Treaty of Lisbon provides a basis for better addressing the human rights protection and security objectives of the EU CT policy. However, the analysis of three specific instruments – two in force and one at the level of a legislative proposal – provided contrasting results regarding the simultaneous fulfilment of the two imperatives outlined above. Moving beyond questions pertaining to the advancement of preventive criminal law and the possible reinforcement of a surveillance society, the thesis advances the hypothesis that, in the field, we are confronted more and more with what we could term ‘grey laws’ – following Dyzenhaus, Lynch and Reilly – due to their frailties as regards the tests of proportionality and legal certainty. Moreover, the thesis explores the EU’s stance as an actor in the field and the applicability of Wallace’s ‘pendulum model’ for CT decision-making, as well as the position of an individual subject to all the three measures indicated above. Solutions in order to overcome the identified shortcomings as well as further potential areas of research are also explored.
44
Olsson, Silje. "The Use of Straps as Compulsory Treatment : A Violation of Article 3 of the European Convention on Human Rights?" Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76621.
45
Ita, Rachael Eguono. "The margin of appreciation doctrine and the interpretation of the European Convention on Human Rights as a living instrument." Thesis, University of Derby, 2018. http://hdl.handle.net/10545/623276.
Abstract:
The significance of the margin of appreciation doctrine has been underscored recently with the adoption of Protocol No 15 which calls for the inclusion of the terms 'margin of appreciation' and 'subsidiarity' in the Preamble of the European Convention on Human Rights. This development reflects the disquiet amongst member States to the Convention that the doctrine is not being given enough weight by the European Court of Human Rights in the determination of cases before it. One of the interpretive tools that is perceived to be having a negative effect on the margin of appreciation is the living instrument doctrine which has been blamed for narrowing the margin of appreciation afforded to States. This thesis brings an original contribution to the literature in this area by considering the interaction between the margin of appreciation and living instrument doctrines in the case law of the Court. The contribution is achieved in two ways: (a) methodologically: through the methodology adopted which is a combination of the quantitative method of descriptive statistics and the qualitative method of doctrinal textual analysis; (b) substantively: through the systematic examination of the case law of the Court from January 1979 to December 2016 in which both the margin of appreciation and living instrument doctrines are present. The lens of the relationship between rights and duties is applied to the case analysis. The case analysis is used to draw conclusions on the nature of the relationship and whether living instrument arguments are superseding the margin of appreciation doctrine where there is conflict. The results of the case analysis also shows distinctions in the interpretive approaches of the Court at the admissibility and compliance stages. The overall results of the study show that there are a variety of ways in which interaction takes place between both doctrines and the nature of both doctrines will continue to require a close interaction between the Court and the State parties in their compliance with obligations under the Convention.
46
Musielak, Aleksandra. "The European Union accession to the European Convention on Human Rights as a plausible means to enhance the legitimacy of the EU." Thesis, University of Warwick, 2012. http://wrap.warwick.ac.uk/51644/.
Abstract:
The aim of this thesis is to demonstrate that the EU accession to the European Convention on Human Rights is a promising way to improve the legitimacy of the supranational regime, provided that accession is organised in a well-considered and effective manner. My work tries to find, at least partial, resolution to the problem of the erosion of the EU authority, and is based on the underlying presumption that human rights substantially contribute to the successful functioning of the European polity. Understanding of the human rights environment in the EU is therefore crucial to find remedies to the lack of credibility in its exercise of power. For this reason the EU Human Rights Policy, in its internal realm, in particular the normative-judicial, monitoring, enforcement, and promotion components of the Policy, are examined in great detail. The identified flaws and insufficiencies, regarding both the design and implementation of the Policy in question, lend weight to the view that only a serious, comprehensive, and feasible plan for the reform of the Policy on human rights can provide an answer to the legitimacy problem at the supranational level of governance. But how is this objective best achieved? In this context, the proposal for the EU accession to the ECHR should be understood as a plausible means to rectify the shortcomings of the EU Human Rights Policy, and thus improve its image of the Union as a credible and powerful actor in European affairs. The proposal put forward in this work outlines principles which should govern the human rights reform of the EU and how they should be translated into practical terms. My research is therefore an invitation to a discussion about the role of the European Union, its orientation towards human rights, and its aspirations for the future.
47
Rachovitsa, Adamantia. "'Fragmentation or unity of public international law' revisited : analysing the European Convention on Human Rights when the European Court takes cognisance of public international law norms." Thesis, University of Nottingham, 2013. http://eprints.nottingham.ac.uk/13023/.
Abstract:
This thesis addresses the legal challenges arising in the context of the ‘fragmentation or unity of public international law’. The question of the so-called fragmentation of public international law mainly refers to the phenomenon of diversification and expansion of public international law. In recent years, the proliferation of international bodies entrusted with the task of monitoring States’ compliance with their international obligations has increased the possibility of conflicting interpretations of similar or identical rules of international law. In this context, it is claimed that international courts with limited ratione materiae and personae jurisdiction fragment international law and threaten its unity. This thesis examines the question of the fragmentation of public international law from the perspective of the European Court of Human Rights (ECtHR). In the view of the present author, the European Court has developed the autonomous interpretative principle of taking cognisance of public international law norms when interpreting the European Convention on Human Rights (ECHR). The ECtHR employs this interpretative principle in a fashion that is distinct from other seminal interpretative principles, namely the so-called comparative interpretation, the dynamic interpretation and the principle of effectiveness. Furthermore, this thesis provides in depth analysis of the ECtHR’s legal reasoning. It reaches conclusions on the type of public international law norms that the ECtHR takes into account and the conditions a norm must satisfy to qualify as ‘relevant’ and ‘applicable in the relations between the parties’. This thesis also provides an overall assessment of the different uses of public international law norms in the ECtHR’s reasoning, when expanding or restricting the scope of the rights and freedoms of the ECHR. It stresses the importance of the ECtHR’s practice of relying upon public international law norms in order to (re-)interpret the ECHR and overrule its previous case-law. Finally, this thesis explores the boundaries that should be set to restrict the impact of other relevant public international law norms on the construction of the ECHR. The study concludes that, in principle, the ECtHR does not threaten the unity of international law, but reads the ECHR harmoniously to public international law. The findings of this thesis also furnish evidence that the ECtHR has competence to pronounce on questions relating to international law and that, on certain occasions, it develops and enriches the scope and content of international law.
48
Krenberger, Benjamin. "Deutschland im Spannungsfeld zwischen Europäischer Menschenrechtskonvention und nachzubefolgendem Besatzungsrecht : Reichweite der Verpflichtungen des souveränen Deutschlands nach der Liechtenstein-Entscheidung des Europäischen Gerichtshofes für Menschenrechte /." Frankfurt am Main [u.a.] : Lang, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/385300786.pdf.
49
Yon, William Thompson. "Overlapping human rights jurisdictions in Europe: an application of constructivism to regional studies." Oberlin College Honors Theses / OhioLINK, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1285871087.
50
Hussain, Tassadaq. "Muslim women who veil and Article 9 of the European Convention on Human Rights : a socio-legal critique." Thesis, University of Central Lancashire, 2016. http://clok.uclan.ac.uk/16653/.
Abstract:
Islamic veiling has been the subject of many theological, social and legal debates, which are fluid and their intensity has been further influenced by its contextualised meanings such as religiosity, modesty, identity, resistance, protest, choice and subjugation. Literature on Muslim veiling has either examined its treatment by legal or socio-feminist perspectives, whereas this thesis critiques the religious, socio-feministic and the legal discourses. The contemporary discourse is dominated by competing binaries that label it as a tool of oppression or one of empowerment. Many of the assertions are based not on the veil’s multiple meanings or the wearer’s true motivations but on misplaced assumptions of moral authority by those who oppose or defend the practice, as well as native informants professing to represent veiled Muslim women, leaving Muslim veiled women’s voices muted. Having examined the religious imperative that has a patriarchal basis, the thesis constructs a critique of the two dominant discourses central to the contemporary debates on veiling. One discourse defends the practice as empowering whilst the other calls for prohibitions on the practice using liberation from oppression as a justification, particularly with issues surrounding the wearing of the full face veil. This is followed by a critique of the key cases generated under Article 9 ECHR, which attempts to balance the religious rights of those who veil with the rights of others. The case law highlights that the ECtHR not only falls short in disclosing satisfactorily how it has struck a balance between these competing rights, but also fails to adopt a neutral stance to religious expression through symbols, its reasoning being based on contradictory stereotypes of Muslim women as passive and victims of gender oppression in need of liberation. The influence of such stereotypes and an inadequate application of the margin of appreciation doctrine have led the ECtHR in validating state prohibitions on the hijab and the full face veil, thereby failing to acknowledge the voices of the veiled women at the centre of a human rights claim, delivering a further blow to them. Post the case of S.A.S. v. France the ECtHR has exasperated this even further by allowing an abstract principle of ‘living together’ as a justification for the full face veil’s prohibition in public spaces, resulting in Article 9 rights of Muslim women who veil being endangered even further by the introduction of such an open-ended ground.