From Wagner to Taft-Hartley: From Rights to Interests

10.7591/cornell/9781501714252.003.0002 ◽

2017 ◽

Author(s):

James A. Gross

Keyword(s):

This chapter explains how a workers’ rights law with values most consistent with human rights values was subordinated to pragmatic “give and take” and “balancing” of interests.

Download Full-text

In Search of a Fair Balance: The Absolute Character of the Prohibition of Refoulement under Article 3 ECHR Reassessed

Leiden Journal of International Law ◽

10.1017/s0922156509990100 ◽

2009 ◽

Vol 22 (3) ◽

pp. 583-621 ◽

Cited By ~ 4

Author(s):

HEMME BATTJES

Keyword(s):

Human Rights ◽

Burden Of Proof ◽

Case Law ◽

European Convention ◽

A Value ◽

European Court ◽

The Absolute ◽

Fair Balance ◽

Value Judgement ◽

Balancing Of Interests

AbstractAccording to well-established case law of the European Court of Human Rights, the prohibition on expulsion resulting in ill-treatment under Article 3 of the European Convention on Human Rights is ‘absolute’: it does not allow for balancing of interests. Analysis of the Court's case law, however, shows that the application of the provision involves various forms of balancing, for example when delimiting the burden of proof or qualifying an act as ill-treatment. The absolute character expresses a value judgement about the importance of the prohibition, and it serves as an argumentative tool applied to sustain wide or inclusive readings of Article 3 ECHR.

Download Full-text