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Case Law of the European Court of Human Rights as a Source of Human Rights Law
Baltic Yearbook of International Law Online, 2020The European Court of Human Rights with its case law has been for decades a particularly important actor in developing human rights law in Europe and beyond. At the same time the question as to the legal nature of its case law has not received a single answer.
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The European Court of Human Rights and the Canadian Case-Law
SSRN Electronic Journal, 2017Although Canada remains outside the jurisdiction of the ECtHR, the Canadian cases are often considered by the Court, in particular when deciding on human rights cases arriving from the U.K. At least in respect to voting rights of prisoners and to assisted suicide, the ECtHR took account on the jurisprudence of the Supreme Court of Canada. In brief, the
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The Migrant Case Law of the European Court of Human Rights
2021Abstract Summarising a comprehensive review of six decades of case law published elsewhere, this chapter points out that the European Court of Human Rights (ECtHR) often privileges state sovereignty over migrants’ rights. This often leads to a deficit in protection whose origin can be traced to the so-called ‘Strasbourg reversal’ and the
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The Right to Family Life in the Case Law of the European Court of Human Rights
COFOLA 2021, 2021The paper deals with the case law of the European Court of Human Rights relating to cohabitation and other law aspects with this institute related. Attention will be focused particularly to clarification of cohabitation in relationship of marriage or relationship of same-sex couples, especially in connection with Art. 8 and 14 of the Convention.
Petra Kotková, Milan Palásek
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ICL Journal, 2017
Abstract Constitutionalization is a peculiar process which characterizes the whole fabric of modern international law. It may however display different levels of evolution and different implications when distinct legal sub-systems are considered: this appears to be especially true at the European level, in particular in the context of ...
ARCARI, MAURIZIO, NINATTI, STEFANIA
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Abstract Constitutionalization is a peculiar process which characterizes the whole fabric of modern international law. It may however display different levels of evolution and different implications when distinct legal sub-systems are considered: this appears to be especially true at the European level, in particular in the context of ...
ARCARI, MAURIZIO, NINATTI, STEFANIA
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The Human Embryo in the Case-Law of the European Court of Human Rights
SSRN Electronic Journal, 2017This paper presents an analysis of the case-law of the European Court of Human Rights regarding the status of a human embryo. At the beginning, the author makes an overview of the legal documents on the subject-matter produced by intergovernmental organisations on both universal and regional levels.
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Gender, Migration and Human Rights in the Case Law of the European Court of Human Rights
2020Recent case law of the ECtHR points to the increasing relevance of the gender perspective in migration and asylum cases. Human rights violations claims emanating from women or sexual minorities raise a fundamental gender dimension, which is not usually addressed as such by the Court.
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Access to Information as a Human Right in the Case Law of the European Court of Human Rights
Journal of Media Law, 2013(2013). Access to Information as a Human Right in the Case Law of the European Court of Human Rights. Journal of Media Law: Vol. 5, No. 1, pp. 79-103.
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Human Rights and Reproductive Choices in the Case-law of Italian and European Courts
European Journal of Health Law, 2014Abstract The major issues regarding human fertilisation and embryology are addressed in a comparative perspective and in the light of relevant rulings of the European Court for Human Rights: the relationship between artificial procreation and parental responsibilities, the legal nature of the unborn child, the human right to reproduce and to have a ...
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The European Court of Human Rights Case Law on The Right to Information
2007Ülkemizde olduğu gibi dünyada da bilgi edinme hakkı son dönemde kabul edilen yeni haklardan birisidir. Açıklık ve hesap verilebilirliği sağlama ile bireyin devlet karşısında korunmasını amaçlayan bilgi edinme hakkı, normatif temelini ifade özgürlüğü içerisinde bulmaktadır.
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