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Handbook on the European Convention on Human Rights

Handbook on the European Convention on Human Rights

Author: Mark Eugen Villiger
Publisher: Brill Nijhoff
ISBN: 9789004440012
Published In: February 2023
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 3,644.20

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Description
Contents

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In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law.

The Handbook has been written largely for practitioners such as lawyers, judges and persons in administrative functions, but will also be invaluable to university teachers and academic researchers. Meticulously compiled, authoritative and practical, it is a must-have resource for anyone concerned with the protection of human rights in Europe.

The author served as a Judge at the Court for nine years, three of them as Section President. He is a retired Professor for International and European Law at the University of Zurich in Switzerland.

With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.

Part 1:

1. Origin, Development and Binding Nature of the Convention

Part 2: Admissibility Conditions of an Application

Overview of the Admissibility Conditions

Personal, Territorial, Temporal and Subject-Matter Jurisdiction (Article 35 3[a] of the Convention)

Exhaustion of Domestic Remedies (Article 35 1 of the Convention)

Compliance with the Time-Limit of Four Months (Article 35 1 of the Convention)

Substantive Conditions: Manifest Ill-Foundedness and Absence of Significant Disadvantage (Article 35 3[a] and [b] of the Convention)

Part 3: European Court of Human Rights

The Court's Organisation

Proceedings before the Court

Inter-State Applications (Article 33 of the Convention)

10.

Judgments of the Court

11.

Principles of the Interpretation and Application of the Substantive Guarantees of the Convention and Its Protocols

Part 4: Substantive Guarantees of the Convention

12.

Right to Life (Article 2 of the Convention)

13.

Prohibition of Torture and Inhuman and Degrading Treatment or Punishment (Article 3 of the Convention)

14.

Prohibition of Forced Labour (Article 4 of the Convention)

15.

Conditions of Deprivation of Liberty (Article 5 of the Convention)

16.

Guarantees of a Fair Trial (Article 6 of the Convention) - I Applicability and Scope of the Procedural Rights

17.

Guarantees of a Fair Trial (Article 6 of the Convention) - II Requirements as to the Court

18.

Guarantees of a Fair Trial (Article 6 of the Convention) - III Public Nature and Length of the Proceedings

19.

Guarantees of a Fair Trial (Article 6 of the Convention) - IV Fairness of the Proceedings; Rights of the Defence

20.

No Punishment without Law (Article 7 of the Convention)

21.

Preliminary Remarks on Articles 8 to 11: Justification of Interferences according to Their Respective Paragraph 2

22.

Right to Respect for Private and Family Life, for Home and Correspondence

23.

Freedom of Thought, Conscience and Religion (Article 9 of the Convention)

24.

Freedom of Expression (Article 10 of the Convention)

25.

Freedom of Assembly and Association (Article 11 of the Convention)

26.

Right to Marry (Article 12 of the Convention)

27.

Right to an Effective Remedy (Article 13 of the Convention)

28.

Prohibition of Discrimination (Article 14 of the Convention)

Part 5. Substantive Guarantees of the Protocols to the Convention

29.

Guarantees of the (1st) Additional Protocol

30.

Guarantees of the 4th Protocol

31.

Prohibition of the Death Penalty (6th and 13th Protocols)

32.

Guarantees of the 7th Protocol

33.

General Prohibition of Discrimination (12th Protocol)

Part 6.

34.

Qualifications of the Substantive Rights of the Convention and Its Protocols (Article 15-18)

Conclusions

Annex – Texts of the Convention and Its Protocols

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