Integrated Human Rights in Practice
Show Less

Integrated Human Rights in Practice

Rewriting Human Rights Decisions

Edited by Eva Brems and Ellen Desmet

This book aims to introduce concrete and innovative proposals for a holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, ‘as if human rights law were really one’, borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 13: Another look at Glatzel (ECJ): of principles and discriminations

Rewriting Human Rights Decisions

Antoine Bailleux and Isabelle Hachez

Abstract

The judgment delivered by the Court of Justice of the European Union in Glatzel tackled issues of central importance to human rights law. Chief among them are the scope and content of the famous category of ‘principles’ contained in the EU Charter of Fundamental Rights, which the Court elucidated for the first time in this case. But this judgment also deals with the ability of an international human rights law instrument to serve as a ground for review of EU legislation. Finally, Glatzel is one of the first rulings of the Court addressing the issue of discrimination of persons with disabilities. However, the quality of the Court’s reasoning does not match the salience of the issues raised by this case. The Court’s reasoning on the principle of integration of persons with disabilities is weak. Its refusal to use the UN Convention on the Rights of Persons with Disabilities as a ground for review is outrageous. As for its finding that the impugned legislation does not breach the principle of equality and non-discrimination, it is unconvincing. We have modestly aimed to bring some improvements to that judgment by providing a ‘rewritten version’ of it, which we hope is more in line with the development of a genuine ‘global human rights law’.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.