Law And Practice Of The European Convention On Human Rights And The European Social Charter

Council of Europe Publishing brings together in one book a comprehensive explanation of the two main human rights texts encompassing both civil & political rights & economic, social & cultural rights: the European Convention on Human Rights & the European Social Charter. This book explains both the substantive legal standards contained in the Convention & the Charter & the means by which those standards evolve in response to a changing Europe. In the form of over 300 case studies, it brings to life concrete situations in which these rights have been questioned & defended. This book is targeted at university students in international law & at all those interested in the human rights challenge in Europe. But it also sheds light on similarities with other national structures, in the US & in a number of Commonwealth countries.

Council of Europe Publishing brings together in one book a comprehensive explanation of the two main human rights texts encompassing both civil & political rights & economic, social & cultural rights: the European Convention on Human Rights & the European Social Charter. This book explains both the substantive legal standards contained in the Convention & the Charter & the means by which those standards evolve in response to a changing Europe. In the form of over 300 case studies, it brings to life concrete situations in which these rights have been questioned & defended. This book is targeted at university students in international law & at all those interested in the human rights challenge in Europe. But it also sheds light on similarities with other national structures, in the US & in a number of Commonwealth countries.

This authoritative Commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is aimed both at researchers studying socio-economic rights in Europe, and at legal practitioners; civil society organisations, trade unions and ministerial staff engaging with the procedures of the European Committee of Social Rights. The text is compiled by a large body of expert contributors, working together with an Editorial Board, under the supervision of a Scientific Committee, which reviews the quality of each chapter. The Scientific Committee is composed of the most respected experts on the European Social Charter and Social Rights in Europe. The Commentary will offer approx. 106 Chapters, organized in 8 Volumes, some of which are focused on the substantive state obligations and the jurisprudence of the European Committee of Social Rights, others on the procedures that state representatives, international bodies and applicants must follow to engage with the system of the European Social Charter. Volume 1 deals with Cross-Cutting Themes and is edited by Stefano Angeleri and Carole Nivard.

This detailed Commentary explores the boundaries of social rights at a European level through analysis of the Revised European Social Charter (RESC), the most comprehensive regional document on social rights. The Commentary considers the treaty as the counterpart of the European Convention on Human Rights, examining how it sets out fundamental rights in the social field. It focuses primarily on the rich jurisprudence developed by the Charter's monitoring body, the European Committee of Social Rights (ECSR). Key features include: - discussion of the application of social rights in practice - examination of the implementation of the RESC in national law - a guide to social rights and the corresponding human rights obligations of European states that have ratified the Charter - analysis of economic, social and cultural rights in Europe across a range of areas including housing, health, education, employment, legal and social protection, migration and non-discrimination. Contributing to a deeper understanding of how state authorities and other human rights actors apply social rights in Europe, this Commentary will be an essential resource for academics and students of European law and human rights. Its presentation and analysis of the case law of the ECSR will also be beneficial for practitioners, lawmakers and human rights activists.

This authoritative commentary prepared by scholars from the Academic Network on the European Social Charter and Social Rights (ANESC) is intended for academic researchers studying social and economic rights in Europe and legal practitioners, civil society organisations, trade unions and state representatives engaging with the procedures of the European Committee of Social Rights. The text comprises contributions from a diverse group of experts, bringing together senior and young scholars from various countries and legal traditions, expertise in social and economic rights, coupled with a commitment to enhancing the European system for regulating these rights. The commentary consists of 106 chapters, organised into eight volumes on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights. Other chapters delve into the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system. Volume 3, which encompasses Articles 11 to 19, examines critical ESC welfare rights for the general population and specific groups of people against the jurisprudence of the European Committee of Social Rights and other international standards.

This authoritative Commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is aimed both at researchers studying socio-economic rights in Europe, and at legal practitioners; civil society organisations, trade unions and ministerial staff engaging with the procedures of the European Committee of Social Rights. The text is compiled by a large body of expert contributors, working together with an Editorial Board, under the supervision of a Scientific Committee, which reviews the quality of each chapter. The Scientific Committee is composed of the most respected experts on the European Social Charter and Social Rights in Europe. The Commentary will offer approx. 106 Chapters, organized in 8 Volumes, some of which are focused on the substantive state obligations and the jurisprudence of the European Committee of Social Rights, others on the procedures that state representatives, international bodies and applicants must follow to engage with the system of the European Social Charter. Volume 2 analyses the European Social Charter provisions, starting with the Preamble and covering Articles 1 to 10 and is edited by Carole Nivard.

Now available as an ebook for the first time, the fourth edition of this book provides a comprehensive introduction to the most advanced international human rights system in the world – the European Convention on Human Rights. Full account is taken of developments to the Convention case law and the supervisory arrangements in the form of Protocol No. 11, together with relevant developments outside Strasbourg, including the human rights aspects of the EU and the Organisation for Cooperation and Security in Europe (OSCE). Reviews the new European Court of Human Rights, set up in 1998, and contrasts it with the original arrangements for supervising the Convention. Examines the relations between the Convention and other human rights arrangements, such as the OSCE and the European Social Charter. A valuable title in the Melland Schill Studies in International Law series.

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.