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• Title:Jacobs, White and Ovey, the European Convention on Human Rights / Bernadette Rainey, Pamela McCormick, and Clare Ovey
  
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• Variant Title:European Convention on Human Rights
  
• Author/Creator:Rainey, Bernadette, author.
  
• Other Contributors/Collections:McCormick, Pamela, author.
  Ovey, Clare, author.
  Wicks, Elizabeth, 1973- author.
  
• Published/Created:Oxford, United Kingdom ; New York, NY : Oxford University Press, [2021]
  ©2021
  

• Holdings

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  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: KJC5132 .J33 2021
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:European Court of Human Rights.
  Human rights--Europe.
  
• Subject(s):Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5)
  
• Edition:Eighth edition.
  
• Description:lxxix, 711 pages ; 25 cm
  
• Summary:"The authors examine each of the Convention's rights in turn, explore the pivotal cases in each area and examine the principles that underpin the Court's decisions. Focuses on the European Convention itself, rather than its implementation in any one member state and also on the work of the Strasbourg Court" -- Provided by the publisher.
  
• Notes:Previous edition published in 2017.
  "We would like to acknowledge the contribution of Elizabeth Wicks as co-author of the two previous editions"--Page xv.
  Includes bibliographical references and index.
  
• ISBN:0198847130 (paperback)
  9780198847137 (paperback)
  9780192586438 (e-book)
  
• Contents:Machine generated contents note: pt. I INSTITUTIONS AND PROCEDURES
  1. Context, Background, And Institutions
  Context
  Structure and Aims of the Council of Europe
  Content of the European Convention
  System of Protection
  Role of the Secretary-General of the Council of Europe
  Commissioner for Human Rights
  Other Human Rights Instruments of the Council of Europe
  Relationship with Other International Courts and Tribunals
  Concluding Remarks
  Further Reading
  2. Proceedings Before The Court
  Introduction
  Composition and General Procedure
  Procedure Prior to the Decision on Admissibility
  Examination of Admissibility: Procedural Issues
  Conditions of Admissibility
  Judgment
  Remedies Under Article 41
  Advisory Opinions of the European Court of Human Rights
  Reform Process: Protocols 15 and 16 and Beyond
  Concluding Remarks
  Further Reading
  Appendix
  3. Supervising The Enforcement Of Judgments
  Introduction
  Measures Required for the Execution of Judgments
  Procedure for the Supervision of Execution
  Court's Jurisdiction to Rule on the Sufficiency of Execution
  Concluding Remarks
  4. Interpreting The Convention
  Introduction
  Influence of the Vienna Convention
  Principle of Evolutive Interpretation
  Approaches and Ideologies, and the Margin of Appreciation
  Concluding Remarks
  Further Reading
  5. Scope Of The Convention
  General Scope of the Convention
  Liability for Acts of State-Owned Enterprises and State Agents
  Temporal Scope
  Concept of Territorial Jurisdiction in Article 1 of the Convention
  Liability for Acts of International Organisations
  Other Issues Relating to Territorial Scope
  Concluding Remarks
  Further Reading
  6. Reservations And Derogations
  Introduction
  Reservations
  Derogations in Emergency Situations
  Prohibition of Abuse of Rights
  Limitation on Use of Restrictions on Rights
  Further Reading
  pt. II CONVENTION RIGHTS
  7. Right To An Effective Remedy
  Introduction
  What Is an Arguable Complaint?
  Nature of the Remedies Required
  Violations by Persons in an Official Capacity
  Concluding Remarks
  Further Reading
  8. Right To Life
  Introduction
  Death Penalty and the Extraterritorial Application of the Right to Life
  Prohibition of Intentional Killing by the State
  Death in Custody and Forced Disappearance
  Positive Obligation to Protect Life
  Duty to Investigate Suspicious Deaths
  Medical Termination of Pregnancy and the Rights of the Unborn Child
  Euthanasia and the Quality of Life
  Concluding Remarks
  Further Reading
  9. Prohibition Of Ill-Treatment
  Introduction
  Defining the Terms
  Obligations Concerning the Removal of Persons from the State
  Disappearances
  Use of Force by the State
  Destruction of Homes and Possessions
  Corporal Punishment
  Protection from Gender-Based Violence
  Acts in the Course of Arrest and Police Detention
  Conditions of Detention
  Positive Obligations
  Evidential Issues
  European Convention for the Prevention of Torture
  Concluding Remarks
  Further Reading
  10. Protection From Slavery And Forced Labour
  Introduction
  Slavery or Servitude
  Human Trafficking
  Positive Obligations
  Forced or Compulsory Labour
  Prison Labour
  Military Service
  Emergencies
  Civic Obligations
  Article 4 and Article 14
  Consent
  Concluding Remarks
  Further Reading
  11. Personal Liberty And Security
  Introduction
  Structure of Article 5
  What Amounts to a Deprivation of Liberty?
  Lawfulness of the Deprivation of Liberty
  Concept of Arbitrariness
  Positive Obligations
  Unacknowledged Detention
  Permitted Pre-Trial Detention
  Right to Release Pending Trial and Trial within a Reasonable Time
  Remaining Permitted Grounds of Detention
  Notification of the Reasons for Arrest or Detention
  Testing the Legality of the Detention
  Enforceable Right to Compensation
  Concluding Remarks
  Further Reading
  12. Right To A Fair Trial In Civil And Criminal Cases
  Introduction
  Scope of Article 6(1)
  Right of Access to Court
  Effectiveness of Court Proceedings
  Overall Requirements of a Fair Hearing
  Specific Requirements of Article 6(1)
  Waiving Rights
  Extraterritorial Effect
  Concluding Remarks
  Further Reading
  13. Aspects Of The Criminal Process
  Introduction
  Scope of Article 6(2) and (3)
  Fair Trial Guarantees in Criminal Cases
  Article 7: The Principle of Legality
  Protocol 7
  Concluding Remarks
  Further Reading
  14. Limitations Common To Articles 8 To 11
  Introduction
  Express Limitations: Some General Points
  Required Legal Basis for the Interference
  Specified Legitimate Aims
  Limitation Must Be Necessary in a Democratic Society
  Concluding Remarks
  Further Reading
  15. Protecting Family Life
  Introduction
  Defining Family Life
  Positive Obligations and Family Life
  Right to Reproduce by Means of Assisted Reproduction and/or Surrogacy?
  Custody, Access, and Care Proceedings
  Right to Adopt
  Inheritance Rights
  Family Life of Non-Nationals
  Family Life of Prisoners
  Right to Marry and Found a Family
  Equality Between Spouses
  Concluding Remarks
  Further Reading
  16. Protecting Private Life, The Home, And Correspondence
  Introduction
  Definitions
  Positive Obligations and Private Life
  Freedom from Interference with Physical and Psychological Integrity
  Collection, Storage, and Use of Personal Data
  Freedom to Develop One's Identity
  Immigration Issues and Private Life
  Health and Medical Procedures
  Protection of the Environment
  Protection of the Home
  Protection of Prisoners' Correspondence
  Concluding Remarks
  Further Reading
  17. Freedom Of Thought, Conscience, And Religion
  Introduction
  Scope of Article 9
  Proselytism
  Religious Dress and Symbols
  Manifestation of Religion and Belief by Prisoners
  Conscientious Objection to Military Service
  Immigration Issues and Freedom of Religion
  Right Not to Manifest a Religion
  Recognition and Authorisation of Religious Organisations
  Positive Obligations
  Concluding Remarks
  Further Reading
  18. Freedom Of Expression
  Introduction
  What Constitutes an Interference with Free Expression?
  Limitations on Freedom of Expression
  Hate Speech and Incitement to Violence
  Obscenity and Blasphemy
  Press as the `Watchdog' of Democracy
  Conflict with the Right to Private Life
  Legal Aid to Defend Defamation Proceedings
  Confidential Information
  Whistle-Blowers
  Protest
  Advertisements
  Broadcasting
  Severity of Any Penalty
  Positive Obligations
  Concluding Remarks
  Further Reading
  19. Freedom Of Assembly And Association
  Introduction
  Positive Obligations
  Peaceful Protest
  Defining Associations
  Registration
  Political Parties
  Other Associations
  Trade Unions
  Restrictions on Particular Groups of Workers
  Concluding Remarks
  Further Reading
  20. Protection Of Property
  Introduction
  Positive Obligations
  Defining Possessions
  Deprivation of Property
  Controlling the Use of Property
  Other Interferences with Peaceful Enjoyment of Possessions
  Concluding Remarks
  Further Reading
  21. Right To Education
  Introduction
  Right to Education
  Regulating Education
  Safeguarding Pluralism in Education
  Education for Convicted Prisoners
  Concluding Remarks
  Further Reading
  22. Right To Free Elections
  Introduction
  What is the Legislature?
  Electoral Systems
  Right to Vote
  Right to Stand for Election
  Concluding Remarks
  Further Reading
  23. Freedom Of Movement
  Introduction
  Movement and Residence
  Prohibition of Expulsion of Nationals
  Right of Entry to the Territory of the State of Nationality
  Prohibiting the Collective Expulsion of Aliens
  Expulsion Only to Follow Due Process
  Concluding Remarks
  Further Reading
  24. Freedom From Discrimination
  Introduction
  Positive Obligations
  Court's Methodology
  Does the Complaint of Discrimination Fall within the Scope of a Protected Right?
  Is the Alleged Reason for the Discrimination One of the Grounds Listed in Article 14?
  Can the Applicants Properly Compare Themselves with Another Class of Persons Which is Treated More Favourably?
  Is the Difference of Treatment Capable of Objective and Reasonable Justification?
  Indirect Discrimination and Minorities
  Proving Discrimination
  Protocol 12: A General Prohibition of Discrimination
  Concluding Remarks
  Further Reading
  pt. III REFLECTIONS
  25. Results And Prospects
  Introduction
  Results
  Prospects
  Final Remarks.