Results 51 to 60 of about 16,275 (166)
The Origins of the Human Rights Act: A ‘British Bill of Rights’ the First Time Around
Abstract This article reconstructs the first initiatives for a British Bill of Rights from the late 1960s to the mid‐1980s and argues that their failure shaped the eventual form of the Human Rights Act. Proposals for a Bill of Rights emerged across the political spectrum, but commanded most support on the right as a means of restraining trade unions ...
Marco Duranti, Christopher Hilliard
wiley +1 more source
Consent and Gender‐Based Violence: R v Hobday
This note analyses the Court of Appeal decision in R v Hobday in the context of the longstanding but controversial caselaw on the relevance of consent to offences of assault occasioning actual bodily harm (ABH) or above. It considers whether the vulnerabilities of victims of gender‐based violence are adequately recognised by the judiciary in an area ...
Mandy Burton
wiley +1 more source
: The complexity indicated in the title of this paper does not refer purely to the internal structure of the prohibition of torture, but also to the obligations of States party to the ECHR that are tied to this prohibition.
Elzbieta Hanna Morawska
doaj +1 more source
Abstract This article examines jurisprudence from key African and Latin American human rights bodies regarding the right to a healthy environment, with a focus on recent jurisprudence (2023–2025). It identifies a growing trend of an ecocentric interpretation of the right, which acknowledges that the environment and the life forms within it hold ...
Sonja Kahl
wiley +1 more source
The ECHR, health care and irregular migrants
This chapter looks at The ECHR, health care and irregular migrants in the context of law and global ...
Da Lomba, Sylvie
core +4 more sources
Abstract The carbon sink capacity of ecosystems has long been neglected, leading to their degradation and the release of stored carbon, thereby exacerbating climate change. As parties increasingly resort to courts to resolve controversies over the sufficiency of measures to combat climate change, carbon sinks are emerging as a focal point.
Alessandra Accogli, Amelia Burnette
wiley +1 more source
Guaranteeing the Right to Defense in Light of the Provisions of International Treaties Specialized in Human Rights and ECHR Jurisprudence [PDF]
The right to defense as a social value is necessary for any social environment, and the arising of its elements during various stages of civilization has witnessed a visible progress, considering that nowadays the acknowledgement of the right to defense ...
Trocan, Laura Magdalena
core
Avrupa İnsan Hakları Mahkemesi'nde İklim Değişikliği Davaları
İklim değişikliğinin olumsuz etkilerinden dolayı hak temelli iklim davaları hem ulusal hem de uluslararası mahkemeler aracılığıyla açılmıştır. Avrupa İnsan Hakları Mahkemesi 9 Nisan 2024’te vermiş olduğu üç kararla ilk kez iklim değişikliğine ilişkin ...
Seher Çakan
doaj +1 more source
The Czech climate case: An unfortunate tale of questionable strategies and unanswered questions
Abstract On 5 November 2025, the Czech Constitutional Court rejected the complaint in the landmark climate case (Pl. US 6/25). This concluded a 4‐year strategic litigation process, which challenged governmental inaction on climate change. Brought by individuals, an NGO and a municipality, the action alleged that insufficient greenhouse gas (GHG ...
Jiří Vodička
wiley +1 more source
Rights of Nature in the EU: A thought experiment to improve access to justice
Abstract Against the backdrop of the growing need for legal innovation in environmental protection, this article explores the interplay between Rights of Nature (RoN)—a legal theory asserting that the inherent moral value of nature must be protected legally by granting rights and legal personality to nature itself—and the EU constitutional right of ...
Emma Sanvito, Mariolina Eliantonio
wiley +1 more source

