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Filip Dorssemont

JOBNAME: EE10 Bellace PAGE: 1 SESS: 7 OUTPUT: Mon Jul 22 12:56:47 2019 17. The European Convention on Human Rights as a fountain of labour rights Filip Dorssemont 1 LABOUR RIGHTS AS HUMAN RIGHTS The European Convention on Human Rights (ECHR) was not designed as a charter of labour rights, let alone workers’ rights. In fact, few human rights instruments have been designed as charters of labour rights. However, Supiot has rightly qualified the Declaration of Philadelphia (1948) as the oldest human rights instruments at the international level,1 and that

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Paul Johnson and Silvia Falcetta

8. Same sex marriage and Article 12 of the European Convention on Human Rights Paul Johnson and Silvia Falcetta 1. INTRODUCTION Article 12 of the European Convention on Human Rights guarantees that ‘[m]en and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right’.1 States contracted to the Convention are obliged to secure this right to ‘everyone’ within their jurisdiction.2 Since the Convention entered into force in 1953, the European Court of Human Rights,3 and the former

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Andrea Broderick

regional systems, such as the European Convention on Human Rights (ECHR). 6 Within the wider context of the debate on fragmentation versus integration, this article examines the interdependence of rights in the CRPD and the positive obligations imposed on States Parties to the UN Convention, particularly the reasonable accommodation duty. The aim of this paper is to analyse the approach adopted by the European Court of Human Rights (ECtHR or ‘Strasbourg Court’) in developing the social dimension of certain civil and political rights in the ECHR from a disability

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Kristian Cedervall Lauta and Jens Elo Rytter

the near future. This article sets out to analyse the obligation to protect life against natural hazards under the European Convention on Human Rights (ECHR). In 2000 a series of terrible mudslides hit the small mining town of Tyrnauz in Russia, utterly covering the town in mud. 2 Six months earlier, a horrible industrial incident had taken place near Baia Mare, Romania, when a gold mining company accidentally spilled large amounts of cyanide into the Someş River. Both incidents seriously threatened the life and livelihood of the local population, and both could

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Mark Hill QC

13. Locating freedom of religion within the qualified rights of the European Convention on Human Rights and in the jurisprudence of Strasbourg Mark Hill QC 1. INTRODUCTION Human rights are big business. Historians and theologians lay claim to them as having their origins in the Judeo-Christian traditions of the West. Humanists see them as the fruits of the Enlightenment. Politicians take credit for their articulation in the pan-national covenants adopted by governments since the Second World War. They are seen as a bulwark against genocide and terrorism, but

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Enzo Cannizzaro and Francesca De Vittor

JOBNAME: Kolb & Gaggioli PAGE: 1 SESS: 6 OUTPUT: Fri Jan 25 13:38:40 2013 7. Proportionality in the European Convention on Human Rights Enzo Cannizzaro and Francesca De Vittor* 1. INTRODUCTION In the classical conception, international human rights law constitutes a set of rules which establish limits to sovereign powers. From this perspective, proportionality has the function of determining a reasonable balance between States’ and individuals’ interests. A different conception is gradually emerging which tends to regard human rights as part of the basic

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Malgosia Fitzmaurice

4. The European Convention on Human Rights and the human right to a clean environment* INTRODUCTION I. This chapter will focus on the human right to a clean environment and the 1950 European Convention on Human Rights (ECHR) as interpreted by the European Court of Human Rights (ECtHR), seen from the perspective of the jurisprudence of the English courts. The chapter will consist of the following main sections: an introduction to the human right to a clean environment; the ECHR and the jurisprudence of the ECHR; a brief introduction to the 1998 Human Rights Act

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Dagmar Coester-Waltjen

JOBNAME: Scherpe PAGE: 1 SESS: 6 OUTPUT: Mon Dec 7 10:22:10 2015 2. The impact of the European Convention on Human Rights and the European Court of Human Rights on European family law* Dagmar Coester-Waltjen 2.2.4 A right to divorce? 2.2.5 The right to equal treatment of spouses and partners 1. THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE EUROPEAN COURT OF HUMAN RIGHTS: BACKGROUND, ORIGIN, AIM 50 1.1 The European Convention on Human Rights 50 1.2 The European Court of Human Rights 51 1.3 Application and interpretation of the ECHR by the ECtHR 53 1

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Karen Morrow

substantive and/or procedural protection 4 4 See, for example, M Fitzmaurice, ‘The European Convention on Human Rights and the human right to a clean environment’, Contemporary Issues in International Environmental Law (Edward Elgar, Cheltenham 2009). to interests, though as the former category is particularly controversial in the environmental sphere, it is the latter less ambitious arena that has seen most development, not least in international law. In consequence the rights in question may more accurately be regarded as human rights that are contingent on the state

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Chiara Amalfitano

2) enter into it. The first formalization of the idea of the accession of the, at the time, European Economic Community to the ECHR, dates back to 1979. In fact, in April of that year the Commission presented the ‘Memorandum on the accession of the European Communities to the Convention for the Protection of Human rights and Fundamental Freedoms’, 96 highlighting the need for an external control regarding the protection of fundamental rights, also in order to insure greater coherency between the jurisprudence of the ECJ and that of the ECtHR. The institution