European Yearbook on Human Rights 2019

doi:10.1017/9781780689562

2018 has been another challenging year for human rights in Europe and globally. International human rights standards, the rule of law and international human rights institutions have come under increasing pressure. The eleventh volume of the European Yearbook on Human Rights discusses the backgrounds of these developments and outlines the potential implications and possible solutions. The backsliding of democracy in Poland and Hungary, the human rights fallout from Brexit and the human rights situations in Chechnya and the Ukraine are mentioned as just a few examples. The Yearbook also includes contributions on all-time classics such as the right to freedom of expression or fair trial and tensions between security and the protection of human rights, as well as more recent developments on the rights of persons with disabilities and the rights of children to be heard in political processes.The European Yearbook on Human Rights brings together renowned scholars, emerging voices and practitioners. Split into parts devoted to recent developments in the European Union, the Council of Europe and the OSCE as well as through reports from the field, the contributions engage with some of the most important human rights issues and developments in Europe. The Yearbook helps to better understand the rich landscape of the European regional human rights system and is intended to stimulate discussions, critical thinking and further research in this field.

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Contents

Frontmatter
pp i-iv
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Miscellaneous Frontmatter
pp v-vi
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Editors’ Preface
pp vii-xii
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Contents
pp xiii-xvi
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List of Abbreviations
pp xvii-xxii
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List of Contributors
pp xxiii-xxxii
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PART I - TOPIC OF THE YEAR
pp 1-2
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The Council of Europe's Response to Recent Democratic Backsliding
pp 3-32
- By Nils Muižnieks, European University Institute in Florence in autumn 2018.
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PART II - EU
pp 33-34
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The Strange Case of Northern Ireland's Disappearing Rights in the EU-UK Withdrawal Negotiations
pp 35-62
- By Colin Murray, Reader in Public Law at Newcastle University., Ben Warwick, Ben Warwick is a Lecturer in Law at the University of Birmingham.
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Can Reasonable Accommodation Safeguard the Employment of People with Disabilities?
pp 63-90
- By David Gutiérrez Colominas, Autonomous University of Barcelona
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Whistleblowing in Europe: A New Era of Legal Protections
pp 91-110
- By Vigjilenca Abazi, Vigjilenca Abazi is Assistant Professor of European Law at Maastricht University.
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A Critical Take on Opinion 1/15: Is the Glass Half Full or Half Empty?
pp 111-132
- By Elspeth Guild, University of London, Elif Mendos Kuskonmaz, Elif Mendos Kuskonmaz is Lecturer at University of Portsmouth
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Absolute Rightlessness Sur Place through Excessive Externalisation
pp 133-156
- By Adel-Naim Reyhani, Karl Franzens University Graz (Austria).
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Corporate Accountability Mechanisms in EU Member States for Human Rights Abuses in Third Countries
pp 157-186
- By Axel Marx, Deputy Director of the Leuven Centre for Global Governance Studies, KU Leuven., Claire Bright, European University Institute in Florence, Nina Pineau, Université Libre de Bruxelles (ULB), Jan Wouters, University Centre of Excellence
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PART III - CoE
pp 187-188
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The Jurisprudence of the European Court of Human Rights in 2018
pp 189-220
- By Stefan Kieber, University of Salzburg
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Blasphemy and the European Court of Human Rights: A Small Step Forward, a Giant Leap Back
pp 221-236
- By Jeroen Temperman, Erasmus University Rotterdam
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How Do European Courts Approach the Sensitive Topic of Same-Sex Marriage? An Analysis of the Case Law of the ECtHR and the CJEU in the ‘Catch 22’-Field of Equal Marriage Rights
pp 237-260
- By Masuma Shahid, Delft University of Technology
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The European Court of Human Rights and the Human Rights Model of Disability: Convergence, Fragmentation and Future Perspectives
pp 261-294
- By Delia Ferri, Maynooth University Department of Law., Andrea Broderick, European Law, Maastricht University
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The Undermining of Article 6 ECHR
pp 295-312
- By Ryan Goss, Professor at the Australian National University Law School
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The Right to a Nationality in Recent Case Law of the European Court of Human Rights and Council of Europe Bodies’ Work
pp 313-336
- By Agnieszka Szklanna, applied linguistics at the Warsaw University.
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PART IV - OSCE
pp 337-338
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Pioneer Decision on Safety of Journalists in the Preceding Context
pp 339-368
- By Andrei Richter, Richter holds university degrees in law, Deniz Yazici, university degree in management
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If I Could I Would? International Electoral Standards and the Recommendations of Election Observers
pp 369-382
- By Svetlana Chetaikina, Human Rights Centre, University of Padova., Vasil Vashchanka, Central European University (Budapest).
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The Right to Political Participation of Persons with Disabilities
pp 383-404
- By Anete Erdmane, European Inter-University Centre for Human Rights and Democratisation and University of Leuven.
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The Right of Children to be Heard through Peaceful Protests
pp 405-416
- By Anita Danka, Central European University and an MA in English
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PART V - REPORTS FROM THE FIELD
pp 417-418
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OSCE Moscow Mechanism: Situation of Human Rights in Chechnya
pp 419-438
- By Wolfgang Benedek, Democracy of the University of Graz (UNI-ETC).
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A Human Rights Approach to Deal witheconomic and Corruption Issues in Ukraine
pp 439-468
- By Juan Pablo Bohoslavsky, Juan Pablo Bohoslavsky is the current United Nations Independent Expert on Foreign Debt and Human Rights.
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