Theory and Practice of the European Convention on Human Rights. By P. Van Duk and G. J. H. Van Hoof. 2nd edition. [Deventer/Boston: Kluwer. 1990. xvii + 657 pp. ISBN 9-065-443-19-3. Dfl.160/$94] - European Human Rights Law. By Mark W. Janis and Richard S. Kay. [Hartford, Conn.: University of Connecticut Press. 1990. xiv + 405 pp. ISBN 0-939-328-12-7]

1991 ◽  
Vol 40 (4) ◽  
pp. 987-988
Author(s):  
Colin Warbrick
Keyword(s):  
Human Rights ◽  
Theory And Practice ◽  
European Convention ◽  
Human Rights Law ◽  
University Of Connecticut

The Protection of Intellectual Property in International Human Rights Law

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Fundamental Rights ◽  
European Convention ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Cultural Rights ◽  
Core Subject ◽  
Charter Of Fundamental Rights ◽  
The Eu

This chapter examines the human rights system and the way it deals with human creations and innovations that are the traditional core subject matter of intellectual property (IP) rights. It begins by reviewing the scope for protection under Article 27 (2) Universal Declaration of Human Rights (UDHR) and Article 15 (1) (c) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The chapter moves on to the protection of property in human rights law, especially on the regional, European level. It examines how IP can be protected as property under the European Convention of Human Rights (ECHR) and under the EU Charter of Fundamental Rights (EU Charter). Finally, the chapter looks at some of the overlaps with international IP rules and the conflict norms in the human rights system to address such overlaps.

Framing the Boundaries of European Human Rights Law

Global Jurist ◽  
2013 ◽  
Vol 13 (2-3) ◽  
Author(s):  
Can Öztaş
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Court System ◽  
Human Rights Law ◽  
Human Rights Protection ◽  
Rights Protection

AbstractEuropean human rights protection, ensured by the European Convention and Court of Human Rights, is declared to be universal and inclusive, protecting not only citizens of Europe but also anybody residing within the jurisdiction of the signatory countries. This article challenges this declaration and argues, with the help of some examples from the case law, that European human rights protection is based on the defined concepts of European-ness that exclude the perceived non-European within the Convention and the Court system.

The Interests Protected by the Right to Security of Person

2019 ◽  
pp. 103-122
Author(s):  
Rhonda Powell
Keyword(s):  
Human Rights ◽  
South African ◽  
Capabilities Approach ◽  
European Convention ◽  
Political Rights ◽  
Bill Of Rights ◽  
Human Rights Law ◽  
Economic Rights ◽  
Canadian Charter ◽  
The Right

Drawing on the analysis of security in Chapter 3 and the capabilities approach in Chapter 4, Chapter 5 provides examples of the interests that the right to security of person protects. It also considers the extent to which human rights law already recognizes a link between those interests and security of person. Five overlapping examples are discussed in turn: life, the means of life, health, privacy and the home, and autonomy. Illustrations are brought primarily from the European Convention on Human Rights, the Canadian Charter, and the South African Bill of Rights jurisprudence. It is argued that protection against material deprivations that threaten a person’s existence are as much part of the right to personal security as protection against physical assaults. The right to security of person effectively overcomes the problematic distinction between civil and political rights and socio-economic rights because it sits in both categories.

3. Human rights law

2021 ◽  
pp. 77-122
Author(s):  
Timothy Endicott
Keyword(s):  
Human Rights ◽  
Administrative Law ◽  
European Convention ◽  
Human Rights Law ◽  
International Court ◽  
Human Rights Act ◽  
Human Rights Act 1998

The European Convention on Human Rights not only guaranteed certain rights, but also created an international Court. The Human Rights Act gives English judges dramatic but limited techniques for vindicating the Convention rights. This chapter explains what the judges in Strasbourg and in England have done with the techniques for control of administration that result from the Convention and the Human Rights Act. The chapter addresses the content and the structure of the Convention rights, the ways in which those rights are protected in English administrative law, particularly through the Human Rights Act 1998, and the tests of proportionality required by the Convention.

3. Human rights law

2018 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Human Rights ◽  
Administrative Law ◽  
European Convention ◽  
Human Rights Law ◽  
International Court ◽  
Human Rights Act ◽  
Human Rights Act 1998

The European Convention on Human Rights not only guaranteed certain rights, but also created an international Court. The Human Rights Act gives English judges dramatic but limited techniques for vindicating the Convention rights. This chapter explains what the judges in Strasbourg and in England have done with the techniques for control of administration that result from the Convention and the Human Rights Act. The chapter addresses the content and the structure of the Convention rights, the ways in which those rights are protected in English administrative law, particularly through the Human Rights Act 1998, and the tests of proportionality required by the Convention.

Part 1 Freedom of Religion or Belief, 1.1 Freedom to Adopt, Change, or Renounce a Religion or Belief

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
Human Rights ◽  
Theory And Practice ◽  
Freedom Of Religion ◽  
State Agencies ◽  
Human Rights Law ◽  
Coercive Measure ◽  
State Actors

This chapter focuses on everyone’s right to adopt, change, or renounce a religion or belief without restraints. That part of freedom of religion or belief has always been particularly controversial and it continues to be contested in theory and practice. In many countries, converts suffer societal harassment, open or concealed forms of discrimination and sometimes brutal acts of persecution committed by State agencies or non-State actors. While the freedom to convert to another religion or belief (including non-belief) enjoys unconditional protection in human rights law, the freedom to induce others to convert by employing non-coercive measure of persuasion can be limited, if deemed necessary and in accordance with the criteria set out for imposing limitations. Nonetheless, the two issues of conversion and missionary activities closely belong together in practice, since restrictions imposed by States on ‘proselytism’ often aim at de-legitimizing acts of ‘apostasy’ as well.

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