Proving discriminatory violence at the European Court of Human Rights / / by Jasmina Mačkić.

• Superior document: Leiden studies on the frontiers of international law ; Volume 4
• VerfasserIn: Mačkić, Jasmina, 1984-
• Place / Publishing House: Leiden, The Netherlands : : Brill Nijhoff,, [2018]; ©2018
• Year of Publication: 2018
• Language: English
• Series: Leiden studies on the frontiers of international law ; Volume 4.
• Physical Description: 1 online resource (vii, 317 pages).
• Notes: Based on author's thesis (doctoral - Universiteit Leiden, 2017).

In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court’s application of the standard of proof ‘beyond reasonable doubt’ and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.

Table of Contents

Introduction -- Contextualising Discriminatory Violence within the Council of Europe -- Ordering Discriminatory Violence: Three Types of Complaints -- The Collection of Facts and the Actors Involved in Fact-Finding at the ECtHR -- The Standard of Proof in Cases of Discriminatory Violence -- The Distribution of the Burden of Proof in Cases of Discriminatory Violence -- Evidentiary Material Used to Prove Discriminatory Violence at the ECtHR -- Conclusion.