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Diversity and European Human Rights
Rewriting Judgments of the ECHR

$139.99

Eva Brems, Ursula Kilkelly, Sia Spiliopoulou Åkermark, Wouter Vandenhole, Julie Ryngaert, Patricia Londono, Yofi Tirosh, Alexandra Timmer, Renata Uitz, Pierre Bosset, Saïla Ouald Chaib, Holning S. Lau, Aeyal Gross, Michael Kavey, Lisa Waddington, Peter Bartlett, Maris Burbergs, Eduardo J. Ruiz Vieytez, Julie Ringelheim, Lourdes Peroni
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  • Date Published: January 2013
  • availability: Available
  • format: Hardback
  • isbn: 9781107026605
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About the Authors
  • Through redrafting the judgments of the ECHR, Diversity and European Human Rights demonstrates how the court could improve the mainstreaming of diversity in its judgments. Eighteen judgments are considered and rewritten to reflect the concerns of women, children, LGB persons, ethnic and religious minorities and persons with disabilities in turn. Each redrafted judgment is accompanied by a paper outlining the theoretical concepts and frameworks that guided the approaches of the authors and explaining how each amendment to the original text is an improvement. Simultaneously, the authors demonstrate how difficult it can be to translate ideas into judgments, whilst also providing examples of what those ideas would look like in judicial language. By rewriting actual judicial decisions in a wide range of topics this book offers a broad overview of diversity issues in the jurisprudence of the ECHR and aims to bridge the gap between academic analysis and judicial practice.

    • Presents a balance of views on how diversity can be accommodated in ECHR judgments
    • Addresses six different types of diversity: gender, children, sexual orientation, disability, religious minority and ethnic minority
    • Shows how academic insights may translate into judicial practice through the rewritten judgments
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    Customer reviews

    16th Jul 2013 by Bzhar

    Actually, somebody told me to look at this book because he though that it is really useful.

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    Product details

    • Date Published: January 2013
    • format: Hardback
    • isbn: 9781107026605
    • length: 500 pages
    • dimensions: 229 x 152 x 27 mm
    • weight: 0.83kg
    • availability: Available
  • Table of Contents

    Introduction Eva Brems
    Part I. Children:
    1. Rewriting V v. the United Kingdom: building on a groundbreaking standard Ursula Kilkelly
    2. Images of children in education: a critical reading of D. H. and Others v. The Czech Republic Sia Spiliopoulou Åkermark
    3. Mainstreaming children's rights in migration litigation: Muskhadzhiyeva and Others v. Belgium Wouter Vandenhole and Julie Ryngaert
    Part II. Gender:
    4. Redrafting abortion rights under the Convention: A, B and C v. Ireland Patricia Londono
    5. A noble cause: a case study of discrimination, symbols and reciprocity Yofi Tirosh
    6. From inclusion to transformation: rewriting Konstantin Markin v. Russia Alexandra Timmer
    Part III. Religious Minorities:
    7. Rethinking Deschomets v. France: reinforcing the protection of religious liberty through personal autonomy in custody disputes Renata Uitz
    8. Mainstreaming religious diversity in a secular and egalitarian state: the road(s) not taken in Leyla Sahin v. Turkey Pierre Bosset
    9. Suku Phull v. France rewritten from a procedural justice perspective: taking religious minorities seriously Saïla Ouald Chaib
    Part IV. Sexual Minorities:
    10. Rewriting Schalk and Kopf: shifting the locus of deference Holning S. Lau
    11. The burden of conjugality Aeyal Gross
    12. The public faces of privacy: rewriting Lustig-Prean and Beckett v. the United Kingdom Michael Kavey
    Part V. Disability:
    13. Unravelling the knot: Article 8, private life, positive duties and disability: rewriting Sentges v. The Netherlands Lisa Waddington
    14. Re-thinking Herczegfalvy: the Convention and the control of psychiatric treatment Peter Bartlett
    15. Rewriting Kolanis v. the United Kingdom: the right to community integration Maris Burbergs
    Part VI. Cultural Minorities:
    16. Minority marriage and discrimination: redrafting Muñoz Díaz v. Spain Eduardo J. Ruiz Vieytez
    17. Chapman redux: the European Court of Human Rights and Roma traditional lifestyle Julie Ringelheim
    18. Erasing Q, W and X, erasing cultural difference Lourdes Peroni.

  • Editor

    Eva Brems, Universiteit Gent, Belgium
    Eva Brems is a professor of human rights law at Ghent University, where she founded the Human Rights Centre. Her research interests include most areas of human rights law (Belgian law, European law, international law, comparative law), with special emphases on women's rights, children's rights and cultural diversity.

    Contributors

    Eva Brems, Ursula Kilkelly, Sia Spiliopoulou Åkermark, Wouter Vandenhole, Julie Ryngaert, Patricia Londono, Yofi Tirosh, Alexandra Timmer, Renata Uitz, Pierre Bosset, Saïla Ouald Chaib, Holning S. Lau, Aeyal Gross, Michael Kavey, Lisa Waddington, Peter Bartlett, Maris Burbergs, Eduardo J. Ruiz Vieytez, Julie Ringelheim, Lourdes Peroni

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