Diversity and European Human Rights

by Brems, Eva

• ISBN13: 9781107026605
• ISBN10: 1107026601
• Format: Hardcover
• Copyright: 2013-01-07
• Publisher: Cambridge Univ Pr

Summary

Through redrafting the judgments of the ECHR, Diversity and European Human Rights demonstrates how the court could improve the mainstreaming of diversity in its judgments. Eighteen judgments are considered and rewritten to reflect the concerns of women, children, LGB persons, ethnic and religious minorities and persons with disabilities in turn. Each redrafted judgment is accompanied by a paper outlining the theoretical concepts and frameworks that guided the approaches of the authors and explaining how each amendment to the original text is an improvement. Simultaneously, the authors demonstrate how difficult it can be to translate ideas into judgments, whilst also providing examples of what those ideas would look like in judicial language. By rewriting actual judicial decisions in a wide range of topics this book offers a broad overview of diversity issues in the jurisprudence of the ECHR and aims to bridge the gap between academic analysis and judicial practice.

Table of Contents

Introduction Eva Brems

Children

Rewriting V v. the United Kingdom: building on a groundbreaking standard

Images of children in education: a critical reading of D. H. and Others v. The Czech Republic Sia

Mainstreaming children's rights in migration litigation: Muskhadzhiyeva and Others v. Belgium

Gender

Redrafting abortion rights under the ECHR: A, B and C v. Ireland

A noble cause: a case study of discrimination, symbols and reciprocity

From inclusion to transformation: rewriting

Religious Minorities

Rethinking Deschomets v. France: reinforcing the protection of religious liberty through personal autonomy in custody disputes

Mainstreaming religious diversity in a secular and egalitarian state: the road(s) not taken in Leyla Sahin v. Turkey

Suku Phull v. France rewritten from a procedural justice perspective: taking religious minorities seriously

Sexual Minorities

Rewriting Schalk and Kopf: shifting the locus of deference

The burden of conjugality

The public faces of privacy: rewriting Lustig-Prean and Beckett v. the United Kingdom

Disability

Unravelling the knot: Article 8, private life, positive duties and disability: rewriting Sentges v. the Netherlands

Re-thinking Herczegfalvy: the ECHR and the control of psychiatric treatment

Rewriting Kolanis v. the United Kingdom: the right to community integration

Cultural Minorities

Minority marriage and discrimination: redrafting Muñoz Díaz v. Spain

Chapman redux: the European Court of Human Rights and Roma traditional lifestyle

Erasing Q, W and X, erasing cultural difference

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