Results 11 to 20 of about 10,237 (231)

THE APPLICABILITY OF THE ECHR IN CONTESTED TERRITORIES [PDF]

open access: yesInternational and Comparative Law Quarterly, 2018
AbstractThis article examines the applicability of the European Convention for Human Rights (ECHR) when a State loses control over parts of its territory. It argues that the jurisprudence of the European Court for Human Rights, which insists on residual positive obligations based in sovereign title over territory, is problematic and needs to be ...
Marko Milanović, Tatjana Papić
openaire   +3 more sources

CONFLICT BETWEEN LEGAL OPINIONS OF ECHR AND NATIONAL CONSTITUTIONAL COURTS

open access: yesПравоприменение, 2018
The object of research is a relationship between ECHR and constitutional courts in various jurisdictions.The main aim of this article is to research the conflict between opinions of ECHR and national Constitutional courts, and also to find the root of ...
Y. Nadtochey
doaj   +3 more sources

Prezența militară rusească în Republica Moldova prin prisma jurisprudenței CEDO / Russian military presence in the Republic of Moldova in the light of ECHR jurisprudence [PDF]

open access: yesPlural: History, Culture, Society, 2021
In the article below, I analyze the role of the Judgment of the European Court of Human Rights in the case of Ilașcu and others v. Moldova and Russia. This judgment, being pronounced by an international tribunal, benefits from the authority and power ...
Alexandru Tanase
doaj   +1 more source

All About That Face (No Trouble?) 'An Analysis of the Dutch Ban on Face-Covering Garments in Light of the ECHR, ICCPR and CEDAW, together with Feminist Theory'

open access: yesUtrecht Journal of International and European Law, 2021
The Dutch ban on face-covering garments (BFG) has caused a considerable amount of debate in the Netherlands since its entry into force on August 1, 2019. Questions have been raised as to whether this law is discriminatory towards those who wear full-face
Johanna Buerkert   +2 more
doaj   +1 more source

Aggravated Migrant Smuggling in a Transit Migration Context, Criminal Victimization under ECtHR Positive Obligations Case Law

open access: yesAnnales de la Faculté de Droit d’Istanbul, 2022
The legal dichotomy established between migrant smuggling and human trafficking has often been criticized, including from the perspective of associated distinctions arising in human rights protection.
Roxane De Massol De Rebetz   +1 more
doaj   +1 more source

Protecting Women against Violence in the Light of the Case Law of the European Court of Human Rights: Referring to the approach of the Iranian Legal System [PDF]

open access: yesفقه و حقوق خانواده, 2020
This article with descriptive – analytical   method is studying the issue of violence against women in judgmental procedure of the European Court of Human Rights (ECHR) and also referred to the approach of the Iranian legal system in this field.
Mousa Karami, ahmad reza tohidi
doaj   +1 more source

Atheism in judicial discourse. An analysis of the Italian constitutional scenario

open access: yesInternational Journal for Religious Freedom, 2023
Starting from an analysis of the Italian model of church-state relationships, the present paper focuses on the status of atheistic convictions in Italy.
Adelaide Madera
doaj   +1 more source

Litigating Human Rights Disputes Against the EU and the Member States: Some Reflections in Light of Opinion 1/17

open access: yesEuropean Papers, 2021
(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 693-712 | Article | (Table of Contents) I. Introduction. - II. The case law of the European Court of Human Rights on the responsibility of EU Members States under the ...
Luca Pantaleo, Fabienne Ufert
doaj   +1 more source

A Constitutional moment: Acceding to the ECHR (or not) [PDF]

open access: yesEuropean Constitutional Law Review, 2015
The Court of Justice of the European Union has spoken: accession to the European Convention on Human Rights on the terms specified in the Draft Accession Agreement incompatible with Union law as it stands and as established by the Court of Justice.
Besselink, L., Claes, M., Reestman, J.H.
openaire   +2 more sources

The ECHR, the HRA and Protecting Human Rights in the UK: A view from international law [PDF]

open access: yes, 2020
As a working paper, it reflects on the interplay between the European Convention on Human Rights (ECHR) and the Human Rights Act (HRA) as human rights laws protecting human rights in the UK.
McClean, E.
core   +1 more source

Home - About - Disclaimer - Privacy