Details
- Covers all the major rights enshrined in the Convention, offering extremely detailed consideration of the key cases relevant to these rights and freedoms
- Features extensive commentary from the author, a leading Convention scholar, what will enable students to swiftly grasp and assess the significance of each extract
- The examination of Convention rights is placed in the context of the creation of the Convention, enabling consideration of its overall effectiveness
- Includes detailed evaluation of the institutional and procedural workings of the European Court of Human Rights, giving students valuable insight into how the organisation works and is currently structured
New to this edition
- Fully updated to cover all key developments since publication of the second edition, with extensive commentary on extracts taken from over 120 new cases, including: Opuz v Turkey, on States' positive obligations to protect victims of domestic violence; Gafgen v Germany, affirming the strict limits on police interrogation techniques; Rantsev v Cyprus & Russia, establishing the positive obligations on States to combat people trafficking; S. & Marper v UK, limiting the storage/use of DNA profiles
- Detailed analysis of the introduction of Protocol 14 reforms to the Strasbourg control system and subsequent developments
The European Convention on Human Rights can now be invoked by 800 million people across 47 member States. It is the most developed and successful system of international legal protection for fundamental human rights in existence.
The first two editions of this widely used and highly praised work were designed to address the challenge faced by undergraduate and postgraduate students in comprehending the extensive, complex and lengthy jurisprudence emanating from Strasbourg. This updated edition continues that mission. It provides a selection of the leading jurisprudence, together with commentary, enabling readers to gain a critical and contemporary understanding of the major rights and freedoms guaranteed by the ECHR.
Separate chapters are devoted to each of the fundamental rights, providing an in-depth analysis of the rights and freedoms and their limitations. An examination of the background to the creation of the Convention, and the constantly developing system of adjudication and remedies at the European level are also included.
Cases, Materials, and Commentary on the European Convention on Human Rights is essential reading for all those wishing to gain a full understanding of this vital and ever-developing area of law.
Readership: Suitable for use by undergraduates studying second or final-year options in human rights law. It is also ideal for use by postgraduates studying the European system of human rights protection.
1.: The creation of the Convention
2.: The Strasbourg system for determining applications under the Convention
3.: Article 1 Obligation to respect human rights
4.: Article 2 Right to life
5.: Article 3 Prohibition of torture
6.: Article 4 Prohibition of slavery and forced labour
7.: Article 5 Right to liberty and security
8.: Article 6 Right to a fair trial
9.: Article 7 No punishment without law
10.: Article 8 Right to respect for private and family life
11.: Article 9 Freedom of thought, conscience and religion
12.: Article 10 Freedom of expression
13.: Article 11 Freedom of assembly and association
14.: Article 12 Right to marry
15.: Article 13 Right to an effective remedy
16.: Article 14 Prohibition of discrimination
17.: Article 15 Derogation in time of emergency
Alastair Mowbray, Professor of Public Law, University of Nottingham
Alastair Mowbray is Professor of Public Law at the University of Nottingham. He has published books and many academic papers on the ECHR. For twenty years he has taught undergraduate and postgraduate students about the Convention. In addition he has given numerous specialist lectures and seminars on the Convention to academics, judges, lawyers and government officials from a range of countries.
Review(s) from previous edition
"Mowbray's Cases and Materials provides the reader with an exhaustive and up to date account of the case law and other developments, as well as an expert commentary, which links the main cases to other related and newer cases and offers academic critique of the Court's decisions. - Steve Foster, Coventry University
