The European Convention on Human Rights: A Commentary

Voorkant
Oxford University Press, 24 sep 2015 - 1414 pagina's
The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.
 

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Inhoudsopgave

Table of Cases
iii
Table of Legislation
45
List of Abbreviations
20
Adding new rights to the Convention
33
Amending the Convention and reforming its machinery
20
Interpretation of the Convention
28
Preamble
43
Obligation to respect human rights
38
Inquiries by the Secretary General
83
Safeguard for existing human rights
83
Powers of the Committee of Ministers
83
Exclusion of other means of dispute settlement
83
Territorial application
83
Reservations
83
Denunciation
88
Signature and ratification
92

FREEDOMS OTHER THAN THOSE ALREADY INCLUDED IN THE CONVENTION AND IN THE FIRST PROTOCOL THERETO
56
Right to life
6
Prohibition of torture
19
Prohibition of imprisonment for debt
23
Prohibition of slavery and forced labour
49
No punishment without
44
Right to respect for private and family life
52
Freedom of thought conscience and religion
5
Freedom of expression
43
Freedom of assembly and association
55
Right to marry
73
Right to an effective remedy
75
Prohibition of discrimination
75
Derogation in time of emergency
75
Restrictions on political activity of aliens
54
Prohibition of abuse of rights
60
EUROPEAN COURT OF HUMAN RIGHTS
76
Establishment of the Court
76
Number of judges
76
Criteria for office
76
Election of judges
76
Terms of office and dismissal
76
Registry and rapporteurs
76
Plenary Court
76
Singlejudge formation Committees Chambers and Grand Chamber
76
Competence of single judges
76
Competence of Committees
76
Decisions by Chambers on admissibility and merits
76
Relinquishment of jurisdiction to the Grand Chamber Article 31 Powers of the Grand Chamber
76
Jurisdiction of the Court
76
InterState cases
76
Individual applications
76
Admissibility criteria
79
Thirdparty intervention
47
Striking out applications
57
Examination of the case
65
Friendly settlements
7
Public hearings and access to documents Article 41 Just satisfaction
24
Judgments of Chambers
37
Referral to the Grand Chamber
39
Final judgments
47
Reasons for judgments and decisions
56
Binding force and execution of judgments
60
Advisory opinions
75
Advisory jurisdiction of the Court Article 49 Reasons for advisory opinions
83
Expenditure on the Court
83
Privileges and immunities of judges
83
MISCELLANEOUS PROVISIONS
83
PROTOCOL NO 1 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
94
Freedom of movement
111
Prohibition of expulsion of nationals
94
Prohibition of collective expulsion of aliens
106
Territorial application
111
Relationship to the Convention
115
Signature and ratification
117
General prohibition of discrimination
135
Relationship to the Convention
141
PROTOCOL NO 6 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS CONCERNING ...
145
Preamble
146
PENALTY
151
Relationship to the Convention
157
Protection of property
165
Right to education
115
Right to free elections
149
Territorial application
134
Relationship to the Convention
139
Signature and ratification
142
Preamble
146
Abolition of the death penalty
154
Death penalty in time of
160
Prohibition of derogations
168
Prohibition of reservations
170
Territorial application
172
Relationship to the Convention
175
Signature and ratification
178
Entry into force
181
Depositary functions
183
PROTOCOL NO 7 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
185
Preamble
186
Procedural safeguards relating to expulsion of aliens
189
Right of appeal in criminal matters
197
Compensation for wrongful conviction Article 4 Right not to be tried or punished twice
207
Requests for an advisory opinion
244
Acceptance of requests
248
Participation in proceedings
251
Content and issuance of advisory opinions
253
Nonbinding nature of advisory opinions
255
Relationship to the Convention
257
Signature and ratification
258
Entry into force
259
Reservations
260
Designation of courts or tribunals
261
Depositary functions
262
Index
615
Copyright

Overige edities - Alles bekijken

The European Convention on Human Rights: A Commentary
William Schabas
Gedeeltelijke weergave - 2015
The European Convention on Human Rights: A Commentary
William A. Schabas
Gedeeltelijke weergave - 2015
The European Convention on Human Rights: A Commentary
William A. Schabas
Geen voorbeeld beschikbaar - 2017

Veelvoorkomende woorden en zinsdelen

18 December 21 February 21 October adopted application April article 14 Austria Belgium Bosnia and Herzegovina Bulgaria CM/WP Commission decision Committee of Experts Committee of Ministers Concurring Opinion Consultative Assembly Convention on Human Council of Europe Court of Human crime criminal Croatia Cyprus December Declaration of Human detention discrimination Draft Convention ECHR ECHR 2011 extracts European Convention European Court February France dec France GC Fundamental Freedoms Germany GC Grand Chamber Greece guarantee Human Rights Ibid international law Italy Italy GC January Judgments and Decisions July June Latvia March margin of appreciation Moldova Netherlands November October offence Opinion of Judge paragraph Partly Dissenting Opinion Party person Poland Preamble principle Protocol provision punishment religion Reports of Judgments Republic rights and freedoms Rights and Fundamental Romania Russia Russia GC Series Spain Sweden Switzerland treaty Turkey GC Ukraine United Kingdom GC United Nations Universal Declaration violation of article

Over de auteur (2015)

William A. Schabas is professor of international law at Middlesex University in London. He is also professor of international human law and human rights at Leiden University, emeritus professor of human rights law at the National University of Ireland, Galway, and honorary chairman of the Irish Centre for Human Rights. Professor Schabas holds BA and MA degrees in history from the University of Toronto and LLB, LLM, and LLD degrees from the University of Montreal, as well as several honorary doctorates. He is the author of more than twenty books and 350 articles dealing with international human rights law, the International Criminal Court, and genocide, and is the author of the highly acclaimed Commentary on the International Criminal Court. Professor Schabas was named an Officer of the Order of Canada in 2006. He was elected a member of the Royal Irish Academy in 2007.

Bibliografische gegevens

TitelThe European Convention on Human Rights: A Commentary
Oxford Commentaries on International Law
AuteurWilliam A. Schabas
UitgeverOxford University Press, 2015
ISBN019106677X, 9780191066771
Lengte1414 pagina's
  
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