Diversity and European Human Rights: Rewriting Judgments of the ECHR

Human Rights

Diversity and European Human Rights: Rewriting Judgments of the ECHR

By Eva Brems
Cambridge University Press August 2015

Specifications

ISBN-13
9781107538047
Publisher
Cambridge University Press
Publication
August 2015
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

Through redrafting the judgments of the ECHR, Diversity and European Human Rights demonstrates how the court could improve the mainstreaming of diversity in its judgments.

Eighteen judgments are considered and rewritten to reflect the concerns of women, children, LGB persons, ethnic and religious minorities and persons with disabilities in turn. Each redrafted judgment is accompanied by a paper outlining the theoretical concepts and frameworks that guided the approaches of the authors and explaining how each amendment to the original text is an improvement.

Simultaneously, the authors demonstrate how difficult it can be to translate ideas into judgments, whilst also providing examples of what those ideas would look like in judicial language. By rewriting actual judicial decisions in a wide range of topics this book offers a broad overview of diversity issues in the jurisprudence of the ECHR and aims to bridge the gap between academic analysis and judicial practice.

Table of Contents

Introduction Eva Brems

Part I. Children:
1. Rewriting V v. the United Kingdom: building on a groundbreaking standard Ursula Kilkelly
2. Images of children in education: a critical reading of D. H. and Others v. The Czech Republic Sia Spiliopoulou Akermark
3. Mainstreaming children's rights in migration litigation: Muskhadzhiyeva and Others v. Belgium Wouter Vandenhole and Julie Ryngaert

Part II. Gender:
4. Redrafting abortion rights under the ECHR: A, B and C v. Ireland Patricia Londono
5. A noble cause: a case study of discrimination, symbols and reciprocity Yofi Tirosh
6. From inclusion to transformation: rewriting Konstantin Markin v. Russia Alexandra Timmer

Part III. Religious Minorities:
7. Rethinking Deschomets v. France: reinforcing the protection of religious liberty through personal autonomy in custody disputes Renata Uitz
8. Mainstreaming religious diversity in a secular and egalitarian state: the road(s) not taken in Leyla Sahin v. Turkey Pierre Bosset
9. Suku Phull v. France rewritten from a procedural justice perspective: taking religious minorities seriously Saila Ouald Chaib

Part IV. Sexual Minorities:
10. Rewriting Schalk and Kopf: shifting the locus of deference Holning S. Lau
11. The burden of conjugality Aeyal Gross
12. The public faces of privacy: rewriting Lustig-Prean and Beckett v. the United Kingdom Michael Kavey

Part V. Disability:
13. Unravelling the knot: Article 8, private life, positive duties and disability: rewriting Sentges v. the Netherlands Lisa Waddington
14. Re-thinking Herczegfalvy: the ECHR and the control of psychiatric treatment Peter Bartlett
15. Rewriting Kolanis v. the United Kingdom: the right to community integration Maris Burbergs

Part VI. Cultural Minorities:
16. Minority marriage and discrimination: redrafting Munoz Diaz v. Spain Eduardo J. Ruiz Vieytez
17. Chapman redux: the European Court of Human Rights and Roma traditional lifestyle Julie Ringelheim
18. Erasing Q, W and X, erasing cultural difference Lourdes Peroni.
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