Local parents as ‘anchor defendants’ in European courts for claims against their foreign subsidiaries in human rights and environmental damages litigation: recent case law and legislative trends

2018 ◽  
Vol 23 (2) ◽  
pp. 397-417 ◽  
Author(s):  
Matthias Weller ◽  
Alexia Pato
Author(s):  
Konstantinos Margaritis

Freedom of religion has been constantly characterized as one of the foundations of a democratic society. On the other hand, the significance of physical education in the development of children's overall personality is beyond dispute. Thus, the question that arises is, What happens in a case of a conflict involving the above? The aim of this chapter is to provide an answer on the basis of the case law of the European Court of Human Rights. In particular, the fundamental cases of Dogru vs. France and Kervanci vs. France will be examined, as well as the recent case of Osmanoglu and Kocabas vs. Switzerland. Through the analysis of the cases, useful conclusions will be drawn on the possible impact of religious freedom on physical education.


Author(s):  
Antonio López Castillo

En la reciente jurisprudencia del TEDH se advierte una cierta modulación, de lo subjetivo a lo objetivo, en un contexto de controvertida reconsideración nacional de las sociedades abiertas de la Europa en crisis. De ello se trata aquí atendiendo a dos manifestaciones de conflictos de diverso porte y alcance; a propósito, la una, del inclusivo ámbito de la enseñanza, y relativa, la otra, a la regulación de acceso al espacio público mediante reglas excluyentes, de prevención general, pretendidamente instrumentales al aseguramiento de la salvaguarda de la convivencia, de la vida en común.The recent case law of the European Court of Human Rights shows a certain modulation, from the subjective to the objective, in a context of controversial national reconsideration of the open societies of Europe in crisis. This is what we are dealing with here in the light of two manifestations of conflicts of different sizes and scope; purposefully, one, of the inclusive field of education, and relative, the other, to the regulation of access to public space by means of excluding rules, of general prevention, supposedly instrumental to ensuring the safeguarding of coexistence, of living together.


2015 ◽  
Vol 64 (1) ◽  
pp. 39-63 ◽  
Author(s):  
Paul Beaumont ◽  
Katarina Trimmings ◽  
Lara Walker ◽  
Jayne Holliday

AbstractThis article examines how the European Court of Human Rights has clarified its jurisprudence on how the 1980 Hague Child Abduction Convention Article 13 exceptions are to be applied in a manner that is consistent with Article 8 of the European Convention on Human Rights. It also analyses recent case law of the European Court of Human Rights on how the courts in the EU are to handle child abduction cases where the courts of the habitual residence have made use of their power under Article 11 of Brussels IIa.


2006 ◽  
Vol 1 (1) ◽  
pp. 41-73 ◽  
Author(s):  
Alexandra Owens

AbstractIn recent years, the issue of improper and unethical conversions has attracted much attention in Sri Lanka. The issue is a highly emotive one, with members of the majority Buddhist population calling for measures to protect their religion from 'threats' from other minority religions, and members of these other religious groups expressing growing feelings of discrimination and unequal treatment. This article examines recent case law in the field of unethical conversions in Sri Lanka. An analysis of the decisions of Sri Lanka's Supreme Court relating to the incorporation of Christian organizations suggests that the legal system in Sri Lanka has struggled in its attempt to secure the right to freedom of religion and the right to manifest a religion for all people. Moreover, it is argued that the law has ultimately fuelled the growing religious tensions across the island. This article questions the law's ability to protect against unethical conversions in Sri Lanka, and therefore seeks to add weight to the calls for a non-legislative approach to the issue in order to allow for respect for the human rights of all concerned.


2009 ◽  
Vol 40 (3) ◽  
pp. 613 ◽  
Author(s):  
Claudia Geringer

This article explores recent case law touching on the suggestion that the New Zealand courts have an implied power to formally declare that legislation is inconsistent with the rights and freedoms contained in the New Zealand Bill of Rights Act 1990. The article concludes from this case law that the prospects for the development of a formal declaratory jurisdiction of this kind in New Zealand are, if anything, receding. Further, although the Supreme Court's decision in R v Hansen [2007] 3 NZLR 1 affirms the power of the New Zealand courts to informally "indicate" the existence of such legislative inconsistencies, early indications suggest that it is unlikely that this power will be exercised on a routine basis. In the absence of legislative reform, any "dialogue" over human rights between the New Zealand courts and the political branches of government is likely to continue to be far more sporadic and sotto voce than in those countries that have legislated for an express declaration of inconsistency power.


Author(s):  
Kristina Hatas

This case list offers a guide to the European Court of Human Rights (ECtHR) case law pertaining to migration. While the case list does not cite every ECtHR decision related to migration, it offers a comprehensive overview of important instances of case law indicative of the ECtHR’s jurisprudence on migration. These are, for example, Grand Chamber decisions, or cases cited by the Court in its more recent case law. In addition to including key cases cited in the preceding chapters of this book, this list also includes cases identified in thematic case law guides of the ECHR and recent jurisprudence in the area of migration, notified by the ECHR in monthly updates. The cases are organised in thematic blocks, which in turn appear in the order in which they pertain to the different temporal stages of migration, from entering the destination country to the right to remain and the cultural and religious rights of long-term migrants.


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