The European System for the Protection of Human Rights.

• Author: Macdonald, Ronald.
• TeilnehmendeR: Matscher, F.; Petzold, H.
• Place / Publishing House: Boston : : BRILL,, 1993.; ©1993.
• Year of Publication: 1993
• Edition: 1st ed.
• Language: English
• Physical Description: 1 online resource (940 p.); ill

Forty years ago the European Convention for the Protection of Human Rights and Fundamental Freedoms came into force. It was born of the shared conviction that breaches of the most elementary human rights, such as had been experienced in the 1930s and '40s, should never be allowed to occur again.The Convention and the control bodies responsible for ensuring the observance of the engagements undertaken by the contracting States have had a profound influence on democratic European society in the latter half of this century, and have had repercussions outside Europe too; indeed the European system of human rights protection has served as a model or basic reference text for other regional systems.The European System for the Protection of Human Rights is a unique collection of essays by some of the most outstanding scholars and practitioners in the field of European Human Rights. Its aim is not only to sum up forty years of European experience in the collective endeavour to protect human rights, but above all to stimulate critical thinking about that experience and to review whether the Convention sytem as it stands is still fitted to meet the needs of European society in the coming millenium.

Table of Contents

Intro -- Title Page -- Copyright Page -- Table of Contents -- Preface -- Introduction -- Human Rights in Europe: Challenges for the Next Millenium -- Keeping On Course -- The Conscience We Need -- I. The Law -- General -- 1. Introduction to the European Convention on Human Rights -- 2. The Place of the European Convention in International Law -- 3. The Convention and Domestic Law -- 4. The Convention and the Principle of Subsidiarity -- 5. Methods of Interpretation of the Convention -- 6. The Margin of Appreciation -- 7. The Principle of Proportionality in the Case-Law of the European Court of Human Rights -- 8. Interpreting the European Convention on Human Rights Beyond the Confines of the Vienna Convention on the Law of Treaties? -- 9. The 'Drittwirkung' of the Convention -- Rights and freedoms -- 10. The Right to Life -- 11. Prohibition of Torture and Inhuman or Degrading Treatment or Punishment -- 12. Protection Against Torture in Europe and the World -- 13. Liberty and Security of Person -- 14. Access to Court -- 15. Rights Related to Good Administration of Justice (Article 6) -- 16. Respect for Private and Family Life -- 17. Freedom of Thought, Conscience and Religion -- 18. Freedom of Expression -- 19. Freedom of Association -- 20. The Protection of Property -- 21. Right to Education and Parental Rights -- 22. Electoral Rights -- 23. Discrimination -- 24. Rights Not Covered by the Convention -- II. The Control System -- 25. The European Commission of Human Rights -- 26. The European Court of Human Rights -- 27. The Committee of Ministers -- 28. The Right of Application -- 29. Fact-Finding -- 30. Conciliation -- 31. The Judgments of the Court: Background and Content -- 32. Decision on the Merits: By the Committee of Ministers -- 33. Costs and Expenses -- 34. Right to Compensation under Article 50.

35. The Execution of Judgments and Decisions -- 36. The Effects of Judgments and Decisions in Domestic Law -- III. The Future -- 37. Economic, Social and Cultural Rights -- 38. The Convention and the Protection of Minorities Under International Law -- 39. The Convention and the European Communities -- 40. Reform of the Control Machinery -- Contributors.