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Separate opinions offer valuable assistance on the identification of different trends and schools of thought that inevitably influence the development of the European Court of Human Rights case-law. This collection, containing the most important separate opinions of Judge Loukis Loucaides addresses a variety of issues piling up two decades of disputes of a judge of strong moral convictions on the interpretation of the Convention with the majority silently adopting the Courts decisions.
The past decade has witnessed change in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The leitmotif has been securing greater professional quality of the judicial candidates, and, for this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Are these institutional reforms successful in guaranteeing greater quality of the judicial candidates? Do they increase the legitimacy of the European courts? Has the creation of these advisory panels in any way altered the institutional balance, either horizontally within the international organisations, or vertically, between the respective organisation and its Member States? Above all, has the spree of 'judicial comitology' as currently practised a good way for selecting Europe's judges? These and a number of other questions are addressed in this topical volume in a comparative and interdisciplinary prospective. The book is structured into two elements: first, how the operation of the new selection mechanisms is captured and analyzed from different vantage points, and secondly, having mapped the ground, the book critically and comparatively engages with selected common themes, examining the new mechanisms with respect to values and principles such as democracy, judicial independence, transparency, representativeness, and legitimacy.
LGBTQ+ personnel who served in the British military despite the gay ban tell their stories in a moving testament to their patriotism and courage. On January 12th, 2000, the British Armed Forces took a major step toward greater equality by ending its restriction against members of the LGBTQ+ community. To honor that historic event, this volume presents the personal reflections of ten LGBTQ+ personnel who had served under the ban since the Second World War. All of them lived remarkable lives, though some were dismissed in disgrace or asked to resign because of their identity. These brave men and women tell of remarkable careers, courage in battle, and private lives kept secret at all cost. They include stories of serving on the front line of operations worldwide, including in the Second World War, the Falklands War, the Gulf Wars and the war in Afghanistan. This book celebrates their lives, as well as all servicepeople who have stood tall and taken their place with pride in the fighting units of the Royal Navy, Royal Marines, Royal Air Force and the British Army.
Over the past twenty years, the volume of international litigation and arbitration has increased exponentially. As the number of new international courts and tribunals has proliferated, the diversity and volume of advocates appearing before the international courts has also increased. With this increase, the ethical standards that apply to counsel have become a growing field of interest to practitioners of public international law. Problems threatening the integrity of the international judicial process and concerns about divergent ethical standards amongst counsel have multiplied in the international judicial system, prompting early attempts by senior members of the 'international bar' to articulate common ethical standards. Professional Ethics at the International Bar examines the question of how to articulate common ethical standards for counsel appearing before international courts and tribunals, and the legal powers and practical ability of international courts to prescribe and enforce such standards. It conducts original research into both the theory and practice of the issues arising from this nascent process of professionalization. Using various sources, including interviews with judges, registrars, and senior practitioners, it argues that the professionalization of advocacy through the articulation of common ethical standards is both desirable and feasible in order to protect the integrity and fairness of the international judicial process.
Set against the rapid aging of the world's population, Human Rights and the Care of Older People explores the potential for the rule against torture and ill-treatment in international human rights law to better protect older people from care-related mistreatment. The book's analysis is broadly relevant but is prompted by the widespread reports of older people's suffering due to lack of access to care and coercion in respect of care needs. This includes the deprivation of liberty for 'care'. While recognizing that a new United Nations Convention on the rights of older people is on the horizon, the book argues that there is a pressing need for older people and all human rights actors to use and progressively interpret the established right to freedom from torture and ill-treatment. As an interpretive lens, the book offers a conception of a dignity violation that may amount to prohibited ill-treatment and thus trigger states' positive obligations to protect, including through systemic prevention measures. This book is intended as a tool for advocacy and a call for critical awareness, highlighting the anti-torture norm's potential for more effective application and challenging current legal barriers to such effectiveness. Meant for readers worldwide, the book addresses the rule against torture and ill-treatment from international law, regional European, Inter-American, and African perspectives. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.
In the last half of the twentieth century, a once respectable and religious Britain became a seriously violent and dishonest society, one in which person and property were at risk, family breakdown ubiquitous, and drug and alcohol abuse rising. "The Strange Death of Moral Britain" demonstrates in detail the roots of Britain's decline. It also shows how a society, strongly Protestant in both morality and identity, became one of the most secular societies in the world. The culture wars about abortion, capital punishment, and homosexuality that have convulsed the United States have little meaning in Britain, where there is neither a moral majority nor an indigenous emphasis on rights. In the period when Britain had a strong national and religious identity, defense of this identity led to legal persecution of male homosexuals. As Britain's identity crumbled, homosexuality ceased to be an important issue for most people. Similarly, all the pressing questions on abortion, capital punishment, and homosexuality were settled permanently on a purely utilitarian basis in Britain, where all sources of moral argument are weak. The ending of the death penalty marked the decline of the influence of the official hierarchies of church and state, the Church of England, the armed forces, and their representative, the Conservative Party. "The Strange Death of Moral Britain" is a study of moral change, secularization, loss of identity, and the growth of deviant behavior in Britain in the twentieth century. Based on detailed scholarship, it is a tightly argued and clearly written volume that will be of interest to scholars of religious studies and British social history.
This text articulates approaches to gender in the design and implementation of reparations for victims of human rights violations.
The first complete article-by-article English commentary on the ECHR, with chapters devoted to each distinct provision or article, this commentary explores the substance of the rights, the workings of the Court, and the enforcement of judgements.
Over 800 million Europeans can individually obtain a ruling from a European court against their State if it has violated their human rights. There is an assembly in Strasbourg where members of the Icelandic, Russian, Portuguese, German, Georgian and other European parliaments all sit together. A Congress exists whose sessions are attended by representatives of 200 000 local and regional authorities of Europe. All these statements relate to the Council of Europe, the first of the European institutions to be founded. Now 47 member states strong, the Council - which is to celebrate its 60th anniversary this year - has become one of the main institutions of intergovernmental co-operation. This book looks at the political role of the Council of Europe, which is now not only a forum for democracy and a gage of stability, the home of human rights and the forum of cultural diversity, but also the crucible of Europe and the future for politics. The author examines all that is specific to the Council of Europe within the European architecture, particularly vis-á-vis the European Union. This book is essential reading for anyone wishing to study the Strasbourg-based Council of Europe, understand how it operates and find out about the contribution that it makes.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Cyprus not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Cyprus, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.